Common use of Exclusions and Restrictions Clause in Contracts

Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Specifications. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment: (i) Has not been operated and maintained in accordance with its Specifications or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the User Documentation; (ii) Has been subjected to misuse, negligence, accident, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Specifications; (iii) Has been repaired, altered, or damaged as a result of modifications made to the Covered Hardware that were not authorized in writing by Seller; (iv) Has been damaged by environmental conditions at the Site; (v) Has been moved from the Site or from its installed location to another location within the Site by persons not expressly authorized in writing by Seller; (vi) Has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller; (vii) Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The Occupational Safety and Health Administration); or (viii) Has been exposed to radioactivity, and has not been decontaminated to below exempt levels.