5.4. ERMUSR 03-14-20006 - Laserfiche WebLink

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Maintenance Services, as that term is used and defined in the Original Service Agreement, for the Original Generators and the New Generator. 3. Additional Compensation. In exchange for CONTRACTOR providing the Maintenance Services for the New Generator as set forth in section 2, above, OWNER agrees to make monthly payments to the CONTRACTOR equal to one and one-third (1 1/3) of the scheduled monthly payment then due as set forth in section 6.1 of the Original Service Agreement. The payment provided for in this section 3 shall be due beginning when the New Generator begins commercial operation. 4. Additional Liguated Damages; Additional Bonus Payments. The parties agree that when the New Generator begins commercial operation, the liquidated damages provided for in section 6.5 and the bonus payments provided for in section 6.6 of the Original Service Agreement shall be amended and revised to equal one and one-third (1 1/3) of the scheduled annual amount then due as set forth in sections 6.5 and 6.6, respectively. 5. Adjusted Ceiling On Certain Maintenance Services. The parties agree that paragraph 17 of EXHIBIT B MAINTENANCE SERVICES TO BE PROVIDED BY CONTRACTOR Page 2 of 2 to the Original Service Agreement is deleted and replaced with the following: "17. The following major repairs or specific equipment failures, that are not caused as a result of negligence or abuse by WMN, to the extent that the aggregate cost for the following does not exceed Four Thousand Dollars ($4,000.00) in any month and Thirty Two Thousand Dollars ($32,000.00) in any calendar year, prorated to reflect partial calendar years during the term: (a) repair or replacement of the equipment or any component of the equipment; (b) repairs to civil structures; and (c) any conditions resulting from normal `wear and tear'." 2