Agmt 2004 Salient Networks - Laserfiche WebLink

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Non-Emergency Response. Seller shall use its best efforts to respond to non-emergency malfunctions originating within the System within one (1) business day after notice thereof. Business day shall be understood to mean Monday through Friday, 8:30 a.m. to 5:00 p.rn. PST, except any holidays observed by either Seller or Customer. Technical support shall be provided to the customer with regards to their voice mail system. Routine administration, such as adds, moves or changes, are not covered in this Agreement. Exclusion From Service Salient Networks reserves the right to bill labor charges at our then current rate for any and all service calls where the problem lies in or is caused by the customers telephone system, data network, e-mail system, customer supplied servers or client computers. Maintenance does not include seller supplied Compaq servers. All Compaq support agreements must be purchased directly from Compaq. Seller reserves the right to bill labor charges (See III E) for any and all service calls where the problem lies in or is caused by a system not being maintained by Seller. Repair or maintenance for damages to or failure of the System resulting from misuse, negligence, tampering, accident, abuse, fire, flood, wind, act of God or public enemy, pests, wiring, repair or alteration by anyone other than Salient Networks without written approval, improper installation by anyone other than Salient Networks or its subcontractors. Repair necessitated by any of the above excluded causes shall be made by Salient Networks if so requested by customer and customer agrees to pay Salient Networks for such repairs at then current rate. TERMS AND CONDITIONS: Non-Solicitation of Employees and Agents During the term of this Agreement, Customer shall not directly or indirectly solicit, encourage or induce any employee or agent of Salient Networks or any of its subsidiaries to terminate employment or its services with such entity, and shall not directly or indirectly, either individually or as owner, agent, employee, consultant or otherwise, employ or offer employment to any person who is or was employed by Salient Networks or a subsidiary thereof unless such person shall have ceased to be employed by such entity for a period of at least six months. Any breach to this Agreement will be subject to legal actions wherein Salient Networks will seek to recover all damages incurred as a result of said breach. Obligations of Customer A. Customer shall pay to Seller, all charges, plus applicable taxes set forth above. B. To permit performance of Services herein mentioned, Customer hereby grants Seller full access to the business premises of Customer. Default A. If Customer is delinquent in payment of sums of money owing to Seller for equipment or services invoiced under the provisions of this or any other agreement between Seller and Customer, Seller shall have the right, after written notice, to cease performance of maintenance service hereunder until such time as such