EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following:
(1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio;
(2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio;
(3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents;
(4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and
(5) any other extraordinary expense of the Fund or Portfolio.
EXCLUSIONS FROM SERVICE. The Services do not include:
EXCLUSIONS FROM SERVICE. 3.1 The Service does not apply in the event of legislative, tax, social security or contractual changes involving essential structural changes to the entire Program or substantial parts thereof.
3.2 Time and installation costs are not included in the Service.
3.3 Time for technical support, training for changes, conversions, data adjustment, customization adjustment to be made are not included in the Service.
EXCLUSIONS FROM SERVICE. D14.1 The Services do not include:
EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following:
(1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio(s) in connection with securities transactions to which the Fund or the Portfolio(s) is a party or in connection with securities owned by the Fund or the Portfolio(s);
(2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio(s);
(3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio(s) to federal, state, county, city, or other governmental agents;
(4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio(s); and
(5) any other extraordinary expense of the Fund or Portfolio(s).
EXCLUSIONS FROM SERVICE. 4.1 This Extended Warranty applies only to SAFARI Montage-branded hardware products for which the customer has paid in full and on the systems and in the environment in which they were originally installed. This Extended Warranty does not apply to any non-SAFARI Montage-branded hardware products; such products are provided by SAFARI Montage “as-is,” and any third- party warranties, maintenance and support are provided by the original manufacturer or supplier, not by SAFARI Montage. This Extended Warranty does not apply or extend to any (a) services rendered, such as installation, professional development or training; (b) content provided, such as MARC Records or content packages; (c) any products provided on a pilot or demonstration basis; or (d) any consumables, such as batteries. In addition, this Extended Warranty does not apply to and does not cover any loss, problem or damage to the Hardware due to, or repairs required by:
(i) customer neglect, negligence, misuse, abuse, misapplication or any external fire, theft, vandalism, terrorism, flood, exposure to weather conditions, excessive heat, power surges, disruption or loss of power, accidental damage, Acts of God, including, without limitation, lightning and earthquakes;
(ii) customer’s failure to perform preventative maintenance or provide and maintain a stable operating environment with all facili ties prescribed by SAFARI Montage (including, but not limited to, proper electrical power and grounding provided via a suitable, UL listed uninterruptible power supply, properly matched to the power requirements of equipment, air conditioning and/or humidity control), or customer’s failure to use reasonable means to protect the software and hardware from further damage after a failure occurs;
(iii) any third party hardware or software parts, components or accessories used in connection with software or hardware (or supplied by anyone who is not authorized by SAFARI Montage to supply such products), including, without limitation, any application programs, network programs, databases, files, drivers, source code, object code or proprietary data, keyboards, mouse, speakers, modems, wiring or any unauthorized attachments, features or devices;
(iv) use of supplies or materials not meeting SAFARI Montage’s specifications or use of software or hardware not in accordance with SAFARI Montage instructions or for purposes other than those for which they were designed, or any relocation, reconfiguration or unauthorized...
EXCLUSIONS FROM SERVICE. The following are not included under this Agreement:
a. Repair or replacement of components, which, in NECAM's opinion, are required due to misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, improper temperature, humidity or other environmental condition (i.e. lightning, water, shock damage), improper storage, transport or handling or failure of components or supplies not furnished by NECAM. Revised 5/2000
b. Repair or replacement of components, which are required due to unauthorized attempts by persons not authorized by NEC America to provide service to repair, maintain, or modify the hardware components covered by this Agreement.
c. Repair or replacement of components, which are not part of the original system installed by the Associate, and whose bar codes have not been registered with NEC as covered by the Extended Warranty.
d. Repair or replacement of components which, when installed, were neither new nor reconditioned in accordance with NECAM procedures and requirements. Extended Warranty coverage will be available on added or substitute components on payment of the applicable fee set by NECAM. Any service excluded by this Agreement and provided at the request or with the agreement of the Associate shall be paid for by Associate based on current rates for materials and labor in effect when the service is provided.
e. Non-electronic components of the NEC system including, but not limited to, software, cables, covers, brackets and screws.
f. Dell Computer Corporation's computer platform used in conjunction with the Active Voice AD-40 voicemail system.
EXCLUSIONS FROM SERVICE. 3.1. OCTOPi may, at its option, provide any service consequent upon the causes listed in this clause on a time and material basis, subject to a purchase order being issued by the Customer.
3.2. Support services shall not include the following:
3.2.1. service of equipment not supplied by OCTOPi;
3.2.2. service consequent upon any of the equipment being connected to or supported by or run with any software or equipment not supplied or approved by OCTOPi;
3.2.3. service as a result of the moving of or alterations to the equipment unauthorised by OCTOPi;
3.2.4. updating of specifications or performing services concerned with the relocation of equipment or the addition or removal of accessories, attachments or other devices;
3.2.5. any changes, modifications or alterations of the equipment effected by the Customer without OCTOPi’s consent;
3.2.6. adjustments, alterations or repairs required to protect the equipment against interference to the equipment caused by radio waves, induction or any other source;
3.2.7. repair of damage or increase in service time resulting from force majeure, lightning, fire, water, surges in or failure of the main electricity supply, air conditioning or humidity control, accident, transportation, neglect, misuse or use other than that for which the equipment is designed;
3.2.8. service related to disaster recovery, unless expressly otherwise provided in a schedule to this Agreement;
3.2.9. service due to malicious damage;
3.2.10. service of any cables external to the equipment, including service to underground cables or reticulation;
3.2.11. service of equipment located in an unsuitable place as determined by OCTOPi;
3.2.12. painting or refurbishing the equipment or supplying any materials to do so;
3.2.13. the replacement of batteries;
3.2.14. the cost of re-installing software, data or operating systems due to corruption from computer viruses; and/or
3.2.15. any service required by or relating to the ECNSL, ICASA or a third party.
EXCLUSIONS FROM SERVICE. 4.1 The Extended Warranty does not apply to and does not cover any loss, problem or damage to the Hardware due to, or repairs required by:
(i) Customer neglect, negligence, misuse, abuse, misapplication or any external fire, theft, vandalism, terrorism, flood, exposure to weather conditions, power surges, disruptions or losses of power, brownouts, accidental damage, acts of God, including, without limitation, lightning and earthquakes;
(ii) Customer’s failure to perform preventative maintenance or provide and maintain a stable installation environment with all facilities prescribed by SAFARI Montage, including, but not limited to, properly conditioned electrical power, grounding provided via a suitable UL listed uninterruptible power supply properly matched to the power requirements of the equipment, air conditioning and/or humidity control, or Customer’s failure to use reasonable means to protect the Hardware from further damage after a failure occurs;
(iii) any third party hardware or software parts, components or accessories used in connection with Hardware, including, without limitation, any keyboards, mouse, speakers, modems, wiring or any unauthorized attachments, features or devices;
(iv) use of materials not meeting SAFARI Montage’s specifications, or use of Hardware not in accordance with Hardware instructions or for purposes other than those for which they were designed or any relocation, reconfiguration or unauthorized additions or other transportation damage;
(v) a change required by the laws or regulations of any governmental body or agency;
(vi) any and all pre-existing conditions that occur prior to the effective date of this Extended Warranty (unless otherwise agreed in writing); and
(vii) any non-authorized service, which includes any instance in which a person, other than an authorized SAFARI Montage technician, performs maintenance or repairs to the Hardware, or makes any alterations or modifications to the Hardware, or uses supplies, parts, components or accessories other than those recommended by SAFARI Montage.
EXCLUSIONS FROM SERVICE. Consultant is not responsible for the detection, presence, handling, removal, abatement, or disposal of asbestos or hazardous or toxic substances, products or materials. The Consultant is not responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, since these are solely the construction contractor’s rights and responsibilities. If Consultant is requested to review anything from a construction contractor or supplier, the review is for the limited purpose of checking for conformance with information given and the design concept expressed in the construction documents, and not for the purpose of determining accuracy or completeness or safety precautions, all of which remain the construction contractor’s responsibility. Consultant does not perform geotechnical services and is not responsible for soils or geological conditions.
