Agenda - 01-08-1990 - Laserfiche WebLink

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DEC 13 '89 16:06 TO 919 732 4743 FROM CENTEL ELK IN T-119 P.03 ADDITIONAL TERMS AND CONDITIONS r}r C'T 4 z • I"- iP I4f r r= 6 11. Customer assumes all responsibility for repairs, maintenance, alterations, relocations,additions or other changes to the Equipment after this rearrangements, • Agreemen! is executed. 9. Customer assumes the risk of loss and damage to the Equipment from the date this Agreement Is executed. - - 10. CUSTOMER UNDERSTANDS AND AGREES THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, MADE OR GIVEN IN THIS TRANSACTION, AND THAT THE EQUIPMENT IS PURCHASED AS IS. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION. 11. The parties acknowledge that Centel is not an insurer and that Customer may secure such additional insurance as it deems desirable with respect to this Agreement. Centel shall not be liable for and Customer shall indemnify and hold Centel harmless from any and all claims,loss or damages of any nature of any person, Including Customer, arising out of the use of or'Inability to use, breakdown of, or interruption of communications through the Equipment, whether by itself or with other including claims, loss, or damages for special, incidental or con Equipment,of business or profits or for commercial loss of any kind, whether or not Centel has been ad advised loss the possibility of such damages. •_ 12. In the event Customer fails to pay any sums when due, Centel, in addition to all other remedies available to it at law or in equity and not in limitation thereof, may at its option enter Customer% premises with or without notice and take possession of and remove the Equipment, and either (I)terminate this Agreement, retaining all sums paid, or (ii)dispose of the Equipment for Customer's Account at the best price obtainable at public or private sale with Customer to remain liable for any deficiency. 13. This Agreement is not assignable without the prior written consent of Centel. Any attempt to assign any of the rights, duties or obligations under this Agreement without such consent will, at Centel% option, be deemed void or a default, or accepted in Centel's sole discretion. 19. The waiver by Centel of any default by Customer will not operate as a waiver of any default at any subsequent time. 15. Any provision of this Agreement which is in conflict with any applicable statute or regulation shall be deemed null and void only to the extent that it may conflict therewith, and all other provisions of this Agreement shall remain in full force and effect. 16. CUSTOMER AGREES THAT NO ORAL REPRESENTATION OF ANY SALES REPRESENTATIVE, AGENT, OFFICER, OR EMPLOYEE OP CENTEL SHALL OPERATE TO VARY THE WRITTEN TERMS HEREOF. This Agreement supersedes all prior or contemporaneous proposals or representations made to Customer, and it constitutes the entire Agreement between the parties with respect to the subject matter contained herein. No representation or statement not expressed herein is binding. No modification shall be valid unless made in writing, referring to this Agreement, and executed by an authorized representative of the party against whom enforcement is sought. 17. All notices given under this Agreement shall be in writing, served on a party in person or at its address as specified herein by U.S. registered or certified mail, return receipt requested. Mailed notice shall be effective the day after mailing.