Common use of EQUIPMENT AND CONNECTION Clause in Contracts

EQUIPMENT AND CONNECTION. (1) It is the responsibility of the Merchant to determine the appropriate number of terminals and printers that will best suit their location. All Heartland Campus Solutions equipment must be returned to the University at the expiration of the Agreement in the same condition as received, normal wear and tear is expected. (2) Heartland Campus Solutions equipment requires either a wired internet connection or a private (non-public) Wi-Fi network in order to access the Cajun Card System. If wired, the Merchant must have network connectivity where the terminal will be placed within the location and is responsible for any additional wiring or costs that may involve connecting the terminal. (3) The Merchant, at its cost, is responsible for providing electrical power and network connectivity for all Heartland Campus Solutions equipment located at the Merchant's place of business as well as all printer paper and any other supplies and materials. (4) If at any time the Cajun Card Program’s software indicates a malfunction, the Merchant, upon learning of such malfunction, immediately shall notify the Cajun Card Office by telephone at (000) 000-0000 or (000) 000-0000 of the malfunction. The Merchant bears the risk of loss if it knowingly continues to accept Cajun Card sales transactions while the Cajun Card Program’s software is malfunctioning, and the University reserves its right to deny payment to the Merchant for any of those Cajun Card sales transactions which are later denied for insufficient funds. The Merchant agrees that in no event shall the University be liable to the Merchant for any loss of revenues or profits incurred or suffered by the Merchant resulting from or attributable to the Cajun Card Program’s software’s failure to operate properly or from the Merchant's acceptance of an Cajun Card sales transaction without an on-line authorization shown by the card authorization equipment. (5) The Merchant will be responsible for any damage to, loss or theft of the equipment and if damage, loss or theft occurs, the Merchant shall pay a reasonable amount, not to exceed the replacement cost of the equipment. The University, at its cost and expense, is responsible for support and maintenance when resulting from normal wear and tear of all Heartland Campus Solutions equipment used in conjunction with the University's Cajun Card Program. In the event the merchant fails to return the equipment in a timely fashion, the University may elect to treat the failure to return as the act of conversion and retains the option of filing suit for the recovery of three times the value of the merchandise, attorney fees and, if applicable, lost income. (6) The University is solely responsible for paying the cost of any upgrades of equipment and/or software required to assure continued compatibility with the Cajun Card Program. (7) The Merchant acknowledges the University, from time to time, will take the Cajun Card Program down to perform necessary system maintenance or to ensure system integrity while loading large quantities of data. The University will give the Merchant advance notice of any scheduled down-time and attempt to be as convenient as possible. However, should the Cajun Card Program experience unanticipated down-time(s), the University’s priority will be the timeliness of reinstating the system, without regard to notifying each participating merchant. The Merchant bears the risk of loss if it continues to accept Cajun Card sales transactions while the Cajun Card Program is down, whether such down-time is scheduled or unanticipated. The Merchant agrees that in no event shall the University be liable to the Merchant for any loss of revenues or profits incurred or suffered by the Merchant resulting from or attributable to the Cajun Card Program’s software’s failure to operate properly or from the Merchant’s acceptance of an Cajun Card sales transaction without an on-line authorization shown by the card authorization equipment or while the Cajun Card Program is not functioning.

EQUIPMENT AND CONNECTION. 1. At Merchant’s request, University will make available to Merchant certain Heartland Campus Solutions equipment (1“Equipment”) which will facilitate Cajun Card Program transactions. It is the responsibility of the Merchant to determine the appropriate number of terminals and printers that will best suit their Merchant’s location. All Heartland Campus Solutions equipment Equipment must be returned to the University at the expiration or termination of the Agreement in the same condition as received, normal wear and tear is expectedexcepted. (2) Heartland Campus Solutions equipment . The Equipment requires either a wired internet connection or a private (non-non- public) Wi-Fi network in order to access the Cajun Card System. If wired, the Merchant must have network connectivity where the terminal will be placed within the location and is responsible for any additional wiring or costs that may involve connecting the terminal. (3) The . Merchant, at its cost, is responsible for providing electrical power and network connectivity for all Heartland Campus Solutions equipment Equipment located at the Merchant's place place(s) of business as well as all printer paper and any other supplies and materials. (4) . If at any time the Cajun Card Program’s software indicates a malfunction, the Merchant, upon learning of such malfunction, immediately shall notify the Cajun Card Office by telephone at (000) 000-0000 or (000) 000-0000 of the malfunction. The Merchant bears the risk of loss if it knowingly continues to accept Cajun Card sales transactions while the Cajun Card Program’s software is malfunctioning, and the University reserves its right to deny payment to the Merchant for any of those Cajun Card sales transactions which are later denied for insufficient funds. The Merchant Xxxxxxxx agrees that in no event shall the University be liable to the Merchant for any loss of revenues or profits incurred or suffered by the Merchant resulting from or attributable to the Cajun Card Program’s software’s failure to operate properly or from the Merchant's acceptance of an a Cajun Card sales transaction without an on-line authorization shown by the card authorization equipment. (5) The . Merchant will be responsible for any damage to, loss loss, or theft of the equipment and if Equipment. If damage, loss loss, or theft occurs, the Merchant shall pay a reasonable amount, not to exceed the replacement cost of the equipmentEquipment. The University, at its cost and expense, is responsible for support and maintenance when resulting from normal wear and tear of all Heartland Campus Solutions equipment Equipment used in conjunction with the University's Cajun Card Program. In the event the merchant Xxxxxxxx fails to return the equipment in a timely fashion, the Xxxxxxxx agrees that University may elect to treat the failure to return as the act of conversion and retains the option of filing that University may file suit for the recovery of three times the value of the merchandiseEquipment, along with attorney fees and, if applicable, lost incomeand costs. (6) The . University is solely responsible for paying the cost of any upgrades of equipment Equipment and/or related software required to assure continued compatibility with the Cajun Card Program. (7) The . Merchant acknowledges the that University, from time to time, will take the Cajun Card Program down to perform necessary system maintenance or to ensure system integrity while loading large quantities of data. The University will give the Merchant advance notice of any scheduled down-time and attempt to be as convenient as possible. However, should the Cajun Card Program experience unanticipated down-time(s), the University’s priority will be the timeliness of reinstating the system, without regard to notifying each participating merchant. The Merchant bears the risk of loss if it continues to accept Cajun Card sales transactions while the Cajun Card Program is down, whether such down-time is scheduled or unanticipated. The Merchant Xxxxxxxx agrees that in no event shall the University be liable to the Merchant for any loss of revenues or profits incurred or suffered by the Merchant resulting from or attributable to the Cajun Card Program’s software’s failure to operate properly or from the Merchant’s acceptance of an a Cajun Card sales transaction without an on-line authorization shown by the card authorization equipment or while the Cajun Card Program is not functioning.

EQUIPMENT AND CONNECTION. (1) It is the responsibility of the Merchant to determine the appropriate number of terminals and printers that will best suit their location. All Heartland Campus Solutions equipment must be returned to the University at the expiration of the Agreement in the same condition as received, normal wear and tear is expected. (2) Heartland Campus Solutions equipment requires either a wired internet connection or a private (non-public) Wi-Fi network in order to access the Cajun Card System. If wired, the The Merchant must also have network connectivity where the terminal will be placed within the location and is responsible for any additional wiring or costs that may involve connecting the terminal. (3) The Merchant, at its cost, is responsible for providing electrical power and network connectivity for all Heartland Campus Solutions equipment located at the Merchant's place of business as well as all printer paper and any other supplies and materials. (4) If at any time the Cajun Card Program’s software indicates a malfunction, the Merchant, upon learning of such malfunction, immediately shall notify the Cajun Card Office by telephone at (000) 000-0000 or (000) 000-0000 of the malfunction. The Merchant bears the risk of loss if it knowingly continues to accept Cajun Card sales transactions while the Cajun Card Program’s software is malfunctioning, and the University reserves its right to deny payment to the Merchant for any of those Cajun Card sales transactions which are later denied for insufficient funds. The Merchant agrees that in no event shall the University be liable to the Merchant for any loss of revenues or profits incurred or suffered by the Merchant resulting from or attributable to the Cajun Card Program’s software’s failure to operate properly or from the Merchant's acceptance of an Cajun Card sales transaction without an on-line authorization shown by the card authorization equipment. (5) The Merchant will be responsible for any damage to, loss or theft of the equipment and if damage, loss or theft occurs, the Merchant shall pay a reasonable amount, not to exceed the replacement cost of the equipment. The University, at its cost and expense, is responsible for support and maintenance when resulting from normal wear and tear of all Heartland Campus Solutions equipment used in conjunction with the University's Cajun Card Program. In the event the merchant fails to return the equipment in a timely fashion, the University may elect to treat the failure to return as the act of conversion and retains the option of filing suit for the recovery of three times the value of the merchandise, attorney fees and, if applicable, lost income. (6) The University is solely responsible for paying the cost of any upgrades of equipment and/or software required to assure continued compatibility with the Cajun Card Program. (7) The Merchant acknowledges the University, from time to time, will take the Cajun Card Program down to perform necessary system maintenance or to ensure system integrity while loading large quantities of data. The University will give the Merchant advance notice of any scheduled down-time and attempt to be as convenient as possible. However, should the Cajun Card Program experience unanticipated down-time(s), the University’s priority will be the timeliness of reinstating the system, without regard to notifying each participating merchant. The Merchant bears the risk of loss if it continues to accept Cajun Card sales transactions while the Cajun Card Program is down, whether such down-time is scheduled or unanticipated. The Merchant agrees that in no event shall the University be liable to the Merchant for any loss of revenues or profits incurred or suffered by the Merchant resulting from or attributable to the Cajun Card Program’s software’s failure to operate properly or from the Merchant’s acceptance of an Cajun Card sales transaction without an on-line authorization shown by the card authorization equipment or while the Cajun Card Program is not functioning.