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5.4. ERMUSR 11-15-2016 (2)
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5.4. ERMUSR 11-15-2016 (2)
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11/10/2016 4:25:01 PM
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City Government
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ERMUSR
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11/15/2016
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6.7.2. Itron has provided preventive Maintenance Services for each of Customer's Mobile <br /> Collectors or Handheld Devices(as applicable)that are Covered Equipment in the 12-month period prior <br /> to Customer's request for Loaned Mobile/Handheld Equipment; and <br /> 6.7.3. Itron is unable to return the Mobile Collector or Handheld Devices, as applicable,receiving <br /> Services within the applicable turnaround time set forth in the Repair Table. <br /> 6.7.4. Loaned Mobile/Handheld Equipment will remain the property of Itron and shall be returned <br /> to Itron promptly upon receipt of the corresponding item of Covered Equipment. For Loaned <br /> Mobile/Handheld Equipment that is not returned within fourteen (14)days from shipment of the <br /> corresponding item of Covered Equipment, Itron may charge a late fee equal to ten(10)percent of the <br /> then-current list price for the item of Loaned Mobile/Handheld Equipment for each thirty(30)day period <br /> during which the item of Loaned Mobile/Handheld Equipment remains unreturned. Itron shall pay the <br /> cost of delivering Loaned Mobile/Handheld Equipment to Customer and Customer shall pay the cost of <br /> returning Loaned Mobile/Handheld Equipment to Itron. <br /> 7. Fees and Invoicing. As compensation for the Services under this Addendum, Customer shall, in <br /> advance, pay to Itron the Annual Fee for each Maintenance Year in which it receives Services under this <br /> Addendum. Itron shall invoice Customer for Services to be provided during the first Maintenance Year <br /> as soon as practicable following the Effective Date. For Services provided during any subsequent <br /> Maintenance Year, including Services for newly purchased or licensed Covered Products, Itron shall <br /> provide Customer with a renewal notice at least one-hundred twenty(120) days prior to the <br /> commencement of each Maintenance Year. Customer may discontinue Maintenance Services for a <br /> Product by providing Itron with written notice of non-renewal for such Product no less than ninety(90) <br /> days prior to the commencement of any subsequent Maintenance Year. Approximately twenty(20)days <br /> prior to the commencement of any subsequent Maintenance Year,Itron shall provide Customer with an <br /> invoice for the Annual Fee payable by Customer for the forthcoming Maintenance Year(including the <br /> Annual Adjustment). Itron may, in its discretion, invoice Customer for Services for a Covered Product <br /> that is added during the course of any Maintenance Year as soon as such Covered Product has been added <br /> or at the beginning of the next Maintenance Year. <br /> 8. Support For Third Party Products. For any Covered Product that is a"Third-Party Product" <br /> (each,a"Third Party Covered Product")Itron shall provide first-tier Customer support by handling all <br /> initial Customer inquiries, identifying the component involved in the problem and obtaining appropriate <br /> documentation of such inquiry or problem. In addition, Itron shall make commercially reasonable efforts <br /> to facilitate Customer's receipt of maintenance and support for such Third Party Products consistent with <br /> the maintenance terms identified on the Order Document for such Third Party Products. Notwithstanding <br /> anything else to the contrary, Itron's sole obligation with respect to maintenance and support for Third <br /> Party Products shall be as set forth in this Section. <br /> [Attachment 1 Follows] <br /> 140 <br />
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