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<br /> <br /> www.callmc.com <br /> <br />Mobile Communications America, Inc. <br />Confidential and Proprietary <br />Not to be copied or distributed without the express written consent of Mobile Communications America, Inc. <br /> <br />adjustments to the system, and on occasion to disable equipment which may not be operating <br />properly or causing interference to the rest of the system. <br />2.4.4 MCA’s system monitoring can be used to initiate an emergency maintenance request according to <br />the terms of section 2.2. <br /> <br />2.4 System Modifications, Upgrades, and Repairs <br /> <br />2.4.1 The Customer shall inform MCA in writing of any planned modifications, upgrades, or repairs to <br />be made by the Customer or a third-party to the System at least 30 days in advance of any requested <br />changes. <br />2.4.2 The Customer agrees that the Customer or third-party requesting the changes will contract MCA <br />to perform any modifications, upgrades, or repairs to be made to the System. <br />2.4.3 Any modifications, upgrades, or repairs of the System without MCA’s oversight and participation <br />are a direct violation of this agreement. As such, all warranties, express, statutory, or implied are deemed <br />revoked by MCA until the System has been certified in writing by MCA as operable. All costs associated <br />with certification shall be subject to MCA’s standard time and material rates and availability. In addition, <br />this agreement will be amended to reflect the changes to the System and to the pricing in Section 6.1. <br />2.4.4 Maintenance, upgrades, or repairs required due to the Customer’s or any third party’s <br />modification, upgrade, or repair of the System shall be subject to MCA’s standard time and material rates <br />and availability. <br /> <br />3. Customer Support <br /> <br />3.1.1 The Customer shall use the Equipment in accordance with the purposes that it was designed. <br />3.1.2 The Customer shall assist MCA in securing access to the facilities where the Equipment is <br />located so that MCA is able to perform its obligations under this Agreement. <br />3.1.3 The Customer shall provide an onsite contact who will be able to assist MCA’s qualified <br />technician in evaluating the system remotely. <br /> <br />4. Term/Termination <br /> <br />This Agreement shall commence upon the Effective Date and continue for ? (?) years, specifically, <br />Month Day, Year through to Month Day, Year. For the convenience of both parties, this agreement <br />will automatically renew for one (1) year periods, not to exceed four (4) renewals. Customer will notify <br />MCA at least thirty (30) days prior to Agreement expiration, in order the cancel the next renewal. <br />Notwithstanding the foregoing, either party may terminate this Agreement, upon the occurrence of any <br />one or more of the following events: <br /> <br />4.1 if a party commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, U.S. <br />Code), as now or hereafter in effect, or if a party takes any equivalent or similar action by filing a petition <br />or otherwise under any other federal or state law in effect at such time relating to bankruptcy or <br />insolvency; <br /> <br />4.2 if a petition is filed against a party under any chapter of said Bankruptcy Code as now or hereafter <br />in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against a <br />party under any other federal or state law in effect at the time relating to bankruptcy or insolvency; <br /> <br />4.3 if a party makes a general assignment for the benefit of creditors; <br />Docusign Envelope ID: E2A04EAA-C6A8-4D8C-A3D2-7BFA20FBDAF0