Common use of Plan Restrictions Clause in Contracts

Plan Restrictions. (i) The decision to repair or replace any parts of the instrument will be made by Provider in its sole and reasonable discretion. Parts and components replaced or otherwise utilized in the repair of the instrument may be either new or refurbished at the discretion of Provider. All parts which have been removed and replaced in performance of Services become the property of Provider. (ii) Services plans do not cover replacement of parts, costs, repairs or adjustments for defects resulting from or necessitated by acts of nature, damage not caused by Provider, accident, neglect, carelessness, misuse, including without limitation: operation with incompatible solvents or samples in the system; operation outside of the environmental or use specifications or not in conformance with the instructions for the instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software or interfacing, or use in combination with software or products, not supplied or authorized by Provider; or modification, repair, service transfer to another location of the instrument made by the customer, customer's employees, agents or an unauthorized contractor, or intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations. Services plans do not cover repair or replacement of parts that are radioactive or contaminated with biological, toxic or other dangerous materials or substances. Services plans do not cover parts for any instrument or other equipment other than the covered instrument or equipment as identified in the Service Plan by its specific serial number(s). Service plans do not cover consumables unless otherwise specified in the Quotation. The list of consumables can be found at xxxxx://xxxxx.xxx/service-consumables. Services plans do not cover costs, repairs, or adjustments made necessary by connection of the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, or by any interruption or surge in voltage (see Instruction Manual for specifications). (iii) Unless otherwise expressly stated by Provider in writing or under the Terms of the purchased Services plan, parts in contact with any liquid are considered wetted and may be deemed user replaceable and not covered by any Services plan, including, but not limited to seals, filters, gaskets, etc. (iv) Use of any non-Provider's parts or reagents that deposit or cause to be deposited residual matter in the instrument flow path or that otherwise interrupt the flow path that are reasonably determined by Provider to have caused instrument failure will require remedial repairs of the affected parts to be completed outside a Services plan at Provider's then prevailing rates for billable service. Provider does not warrant parts not purchased from Provider or Provider does not install. These parts are sold “as is”. (v) Unless otherwise specified in the Quotation, Service plans do not include customer training or services related to the relocation of instruments. (vi) Ancillary equipment not manufactured by Provider, such as third party computers, may be excluded from any Services plan at Provider's discretion. Provider will pass on to customer any manufacturer's warranty of any such ancillary equipment, to the extent permitted by the manufacturer. B. Services Plan Terms (applicable to purchase of any Services Plan) 1. Term and Termination - Unless otherwise expressly stated in the Quotation, the initial term of a Services plan and this agreement is one year, commencing on the date designated by Provider in its Quotation. A Services plan may be terminated by either party upon at least thirty (30) days written notice to the other party. Termination will be effective thirty (30) days after the receipt of such notice, or at a later date if one is so specified in the notice ("Termination Date"). Termination cannot be made effective prior to thirty (30) days after notice is received, provided, however, that Provider may terminate a Services plan immediately in the event that the instrument covered by the Services plan is transferred to another location. (i) Termination by Customer - Except where termination is in connection with the trade-in of a used Provider instrument as provided for in this section, in the event of termination of a Services plan by customer, Provider shall calculate at its sole discretion the total price of Services actually performed and expenses actually and reasonably incurred in servicing the covered product under the underlying Service Plan from its effective date until the Termination Date. Customer's total payment obligation to Provider under this agreement shall equal (1) the amount so calculated or (2) the prorated price of the current underlying Service Plan from its effective date until the Termination Date, whichever is greater, plus twenty percent (20%) of the total contract price for the underlying Service Plan period covered by the customer’s purchase order that would have been paid if the contract had not been terminated. Notwithstanding the foregoing, in no event shall customer’s total payment obligation exceed the total payment obligation for the underlying Service Plan if it had not been terminated by Customer. In the event that customer has made advance payments, any payments made by customer to Provider in excess of the amounts due on termination as described above shall be credited to customer's account within thirty (30) days after the Termination Date toward future purchases of Provider instruments, consumables or Services plans. Any unpaid portion of this amount shall be immediately due upon customer's receipt of an invoice from Provider. No cash refunds will be made due to the early termination by customer of any Services plan. If a Services plan is terminated early in connection with the trade-in of a used Provider instrument for a new Provider instrument, the unused portion of the Services plan will automatically be applied as an extension of the warranty on the new instrument. (ii) Termination by Provider - In the event of termination of a Services plan by Provider for other than cause, Provider will calculate the remaining unused portion of the Services plan from Termination Date to the end of the Services plan. Any advance payments made by customer to Provider for that period shall be credited or refunded at Provider’s sole discretion within thirty (30) days after the Termination Date. Any unpaid balances owed by customer shall be immediately due upon customer's receipt of an invoice from Provider.

Plan Restrictions. (i) The decision to repair or replace any parts of the instrument will be made by Provider Contractor in its sole and reasonable discretion. Parts and components replaced or otherwise utilized in the repair of the instrument may be either new or refurbished at the discretion of ProviderContractor. All parts which have been removed and replaced in performance of Services become the property of ProviderContractor. (ii) Services plans do not cover replacement of parts, costs, repairs or adjustments for defects resulting from or necessitated by acts of nature, damage not caused by ProviderContractor, accident, neglect, carelessness, misuse, including without limitation: operation with incompatible solvents or samples in the system; operation outside of the environmental or use specifications or not in conformance with the instructions for the instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software or interfacing, or use in combination with software or products, not supplied or authorized by ProviderContractor; or modification, repair, service transfer to another location of the instrument made by the customerCounty, customerCounty's employees, agents or an unauthorized contractor, or intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations. Services plans do not cover repair or replacement of parts that are radioactive or contaminated with biological, toxic or other dangerous materials or substances. Services plans do not cover parts for any instrument or other equipment other than the covered instrument or equipment as identified in the Service Plan by its specific serial number(s). Service Services plans do not cover consumables unless otherwise specified in the Quotation. The list of consumables can be found at xxxxx://xxxxx.xxx/service-consumablesherein. Services plans do not cover costs, repairs, or adjustments made necessary by connection of the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, or by any interruption or surge in voltage (see Instruction Manual for specifications). (iii) Unless otherwise expressly stated by Provider Contractor in writing or under the Terms of the purchased Services plan, parts in contact with any liquid are considered wetted and may be deemed user replaceable and not covered by any Services plan, including, but not limited to seals, filters, gaskets, etc. (iv) Use of any non-Providercontractor's parts or reagents that deposit or cause to be deposited residual matter in the instrument flow path or that otherwise interrupt the flow path that are reasonably determined by Provider Contractor to have caused instrument failure will require remedial repairs of the affected parts to be completed outside a Services plan at ProviderContractor's then prevailing rates for billable service. Provider does not warrant parts not purchased from Provider or Provider does not install. These parts are sold “as is”. (v) Unless otherwise specified in the Quotationherein, Service plans do not include customer County training or services related to the relocation of instruments. (vi) Ancillary equipment not manufactured by ProviderContractor, such as third party computers, may be excluded from any Services plan at ProviderContractor's discretion. Provider Contractor will pass on to customer County any manufacturer's warranty of any such ancillary equipment, to the extent permitted by the manufacturer. B. Services Plan Terms (applicable to purchase of any Services Plan) 1. Term and Termination - Unless otherwise expressly stated in the Quotation, the initial term of a Services plan and this agreement is one year, commencing on the date designated by Provider in its Quotation. A Services plan may be terminated by either party upon at least thirty (30) days written notice to the other party. Termination will be effective thirty (30) days after the receipt of such notice, or at a later date if one is so specified in the notice ("Termination Date"). Termination cannot be made effective prior to thirty (30) days after notice is received, provided, however, that Provider may terminate a Services plan immediately in the event that the instrument covered by the Services plan is transferred to another location. (i) Termination by Customer - Except where termination is in connection with the trade-in of a used Provider instrument as provided for in this section, in the event of termination of a Services plan by customer, Provider shall calculate at its sole discretion the total price of Services actually performed and expenses actually and reasonably incurred in servicing the covered product under the underlying Service Plan from its effective date until the Termination Date. Customer's total payment obligation to Provider under this agreement shall equal (1) the amount so calculated or (2) the prorated price of the current underlying Service Plan from its effective date until the Termination Date, whichever is greater, plus twenty percent (20%) of the total contract price for the underlying Service Plan period covered by the customer’s purchase order that would have been paid if the contract had not been terminated. Notwithstanding the foregoing, in no event shall customer’s total payment obligation exceed the total payment obligation for the underlying Service Plan if it had not been terminated by Customer. In the event that customer has made advance payments, any payments made by customer to Provider in excess of the amounts due on termination as described above shall be credited to customer's account within thirty (30) days after the Termination Date toward future purchases of Provider instruments, consumables or Services plans. Any unpaid portion of this amount shall be immediately due upon customer's receipt of an invoice from Provider. No cash refunds will be made due to the early termination by customer of any Services plan. If a Services plan is terminated early in connection with the trade-in of a used Provider instrument for a new Provider instrument, the unused portion of the Services plan will automatically be applied as an extension of the warranty on the new instrument. (ii) Termination by Provider - In the event of termination of a Services plan by Provider for other than cause, Provider will calculate the remaining unused portion of the Services plan from Termination Date to the end of the Services plan. Any advance payments made by customer to Provider for that period shall be credited or refunded at Provider’s sole discretion within thirty (30) days after the Termination Date. Any unpaid balances owed by customer shall be immediately due upon customer's receipt of an invoice from Provider.

Plan Restrictions. (i) The decision to repair or replace any parts of the instrument will be made by Provider Contractor in its sole and reasonable discretion. Parts and components replaced or otherwise utilized in the repair of the instrument may be either new or refurbished at the discretion of ProviderContractor. All parts which have been removed and replaced in performance of Services become the property of ProviderContractor. (ii) Services plans do not cover replacement of parts, costs, repairs or adjustments for defects resulting from or necessitated by acts of natureofnature, damage not caused by ProviderContractor, accident, neglect, carelessness, misuse, including without limitation: operation with incompatible solvents or samples in the system; operation outside of the environmental or use specifications or not in conformance with the instructions for the instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software ofsoftware or interfacing, or use in combination with software or products, not supplied or authorized by ProviderContractor; or modification, repair, service transfer to another location of the instrument made by the customerCounty, customerCounty's employees, agents or an unauthorized contractor, or intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations. Services plans do not cover repair or replacement of parts that are radioactive or contaminated with biological, toxic or other dangerous materials or substances. Services plans do not cover parts for any instrument or other equipment other than the covered instrument or equipment as identified in the Service Plan by its specific serial number(s). Service Services plans do not cover consumables unless otherwise specified in the Quotation. The list of consumables can be found at xxxxx://xxxxx.xxx/service-consumablesherein. Services plans do not cover costs, repairs, or adjustments made necessary by connection of the ofthe instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, or by any interruption or surge in voltage (see Instruction Manual for specifications). . Folder: C021589 (iii) Unless otherwise expressly stated by Provider Contractor in writing or under the Terms of the purchased Services plan, parts in contact with any liquid are considered wetted and may be deemed user replaceable and not covered by any Services plan, including, but not limited to seals, filters, gaskets, etc. (iv) Use of any non-Provider's parts or reagents that deposit or cause to be deposited residual matter in the instrument flow path or that otherwise interrupt the flow path that are reasonably determined by Provider to have caused instrument failure will require remedial repairs of the affected parts to be completed outside a Services plan at Provider's then prevailing rates for billable service. Provider does not warrant parts not purchased from Provider or Provider does not install. These parts are sold “as is”. (v) Unless otherwise specified in the Quotation, Service plans do not include customer training or services related to the relocation of instruments. (vi) Ancillary equipment not manufactured by Provider, such as third party computers, may be excluded from any Services plan at Provider's discretion. Provider will pass on to customer any manufacturer's warranty of any such ancillary equipment, to the extent permitted by the manufacturer. B. Services Plan Terms (applicable to purchase of any Services Plan) 1. Term and Termination - Unless otherwise expressly stated in the Quotation, the initial term of a Services plan and this agreement is one year, commencing on the date designated by Provider in its Quotation. A Services plan may be terminated by either party upon at least thirty (30) days written notice to the other party. Termination will be effective thirty (30) days after the receipt of such notice, or at a later date if one is so specified in the notice ("Termination Date"). Termination cannot be made effective prior to thirty (30) days after notice is received, provided, however, that Provider may terminate a Services plan immediately in the event that the instrument covered by the Services plan is transferred to another location. (i) Termination by Customer - Except where termination is in connection with the trade-in of a used Provider instrument as provided for in this section, in the event of termination of a Services plan by customer, Provider shall calculate at its sole discretion the total price of Services actually performed and expenses actually and reasonably incurred in servicing the covered product under the underlying Service Plan from its effective date until the Termination Date. Customer's total payment obligation to Provider under this agreement shall equal (1) the amount so calculated or (2) the prorated price of the current underlying Service Plan from its effective date until the Termination Date, whichever is greater, plus twenty percent (20%) of the total contract price for the underlying Service Plan period covered by the customer’s purchase order that would have been paid if the contract had not been terminated. Notwithstanding the foregoing, in no event shall customer’s total payment obligation exceed the total payment obligation for the underlying Service Plan if it had not been terminated by Customer. In the event that customer has made advance payments, any payments made by customer to Provider in excess of the amounts due on termination as described above shall be credited to customer's account within thirty (30) days after the Termination Date toward future purchases of Provider instruments, consumables or Services plans. Any unpaid portion of this amount shall be immediately due upon customer's receipt of an invoice from Provider. No cash refunds will be made due to the early termination by customer of any Services plan. If a Services plan is terminated early in connection with the trade-in of a used Provider instrument for a new Provider instrument, the unused portion of the Services plan will automatically be applied as an extension of the warranty on the new instrument. (ii) Termination by Provider - In the event of termination of a Services plan by Provider for other than cause, Provider will calculate the remaining unused portion of the Services plan from Termination Date to the end of the Services plan. Any advance payments made by customer to Provider for that period shall be credited or refunded at Provider’s sole discretion within thirty (30) days after the Termination Date. Any unpaid balances owed by customer shall be immediately due upon customer's receipt of an invoice from Provider.

Plan Restrictions. (i) The decision to repair or replace any parts of the instrument will be made by Provider Contractor in its sole and reasonable discretion. Parts and components replaced or otherwise utilized in the repair of the instrument may be either new or refurbished at the discretion of ProviderContractor. All parts which have been removed and replaced in performance of Services become the property of ProviderContractor. (ii) Services plans do not cover replacement of parts, costs, repairs or adjustments for defects resulting from or necessitated by acts of nature, damage not caused by ProviderContractor, accident, neglect, carelessness, misuse, including without limitation: operation with incompatible solvents or samples in the system; operation outside of the environmental or use specifications or not in conformance with the instructions for the instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software or interfacing, or use in combination with software or products, not supplied or authorized by ProviderContractor; or modification, repair, service transfer to another location of the instrument made by the customerCounty, customerCounty's employees, agents or an unauthorized contractor, or intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations. Services plans do not cover repair or replacement of parts that are radioactive or contaminated with biological, toxic or other dangerous materials or substances. Services plans do not cover parts for any instrument or other equipment other than the covered instrument or equipment as identified in the Service Plan by its specific serial number(s). Service Services plans do not cover consumables unless otherwise specified in the Quotation. The list of consumables can be found at xxxxx://xxxxx.xxx/service-consumablesherein. Services plans do not cover costs, repairs, or adjustments made necessary by connection of the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, or by any interruption or surge in voltage (see Instruction Manual for specifications). (iii) Unless otherwise expressly stated by Provider Contractor in writing or under the Terms of the purchased Services plan, parts in contact with any liquid are considered wetted and may be deemed user replaceable and not covered by any Services plan, including, but not limited to seals, filters, gaskets, etc. (iv) Use of any non-Providercontractor's parts or reagents that deposit or cause to be deposited residual matter in the instrument flow path or that otherwise interrupt the flow path that are reasonably determined by Provider Contractor to have caused instrument failure will require remedial repairs of the affected parts to be completed outside a Services plan at ProviderContractor's then prevailing rates for billable service. Provider does not warrant parts not purchased from Provider or Provider does not install. These parts are sold “as is”. (v) Unless otherwise specified in the Quotationherein, Service plans do not include customer County training or services related to the relocation of instruments. (vi) Ancillary equipment not manufactured by ProviderContractor, such as third party computers, may be excluded from any Services plan at ProviderContractor's discretion. Provider Contractor will pass on to customer County any manufacturer's warranty of any such such· ancillary equipment, to the extent permitted by the manufacturer. B. Services Plan Terms (applicable to purchase of any Services Plan) 1. Term and Termination - Unless otherwise expressly stated in the Quotation, the initial term of a Services plan and this agreement is one year, commencing on the date designated by Provider in its Quotation. A Services plan may be terminated by either party upon at least thirty (30) days written notice to the other party. Termination will be effective thirty (30) days after the receipt of such notice, or at a later date if one is so specified in the notice ("Termination Date"). Termination cannot be made effective prior to thirty (30) days after notice is received, provided, however, that Provider may terminate a Services plan immediately in the event that the instrument covered by the Services plan is transferred to another location. (i) Termination by Customer - Except where termination is in connection with the trade-in of a used Provider instrument as provided for in this section, in the event of termination of a Services plan by customer, Provider shall calculate at its sole discretion the total price of Services actually performed and expenses actually and reasonably incurred in servicing the covered product under the underlying Service Plan from its effective date until the Termination Date. Customer's total payment obligation to Provider under this agreement shall equal (1) the amount so calculated or (2) the prorated price of the current underlying Service Plan from its effective date until the Termination Date, whichever is greater, plus twenty percent (20%) of the total contract price for the underlying Service Plan period covered by the customer’s purchase order that would have been paid if the contract had not been terminated. Notwithstanding the foregoing, in no event shall customer’s total payment obligation exceed the total payment obligation for the underlying Service Plan if it had not been terminated by Customer. In the event that customer has made advance payments, any payments made by customer to Provider in excess of the amounts due on termination as described above shall be credited to customer's account within thirty (30) days after the Termination Date toward future purchases of Provider instruments, consumables or Services plans. Any unpaid portion of this amount shall be immediately due upon customer's receipt of an invoice from Provider. No cash refunds will be made due to the early termination by customer of any Services plan. If a Services plan is terminated early in connection with the trade-in of a used Provider instrument for a new Provider instrument, the unused portion of the Services plan will automatically be applied as an extension of the warranty on the new instrument. (ii) Termination by Provider - In the event of termination of a Services plan by Provider for other than cause, Provider will calculate the remaining unused portion of the Services plan from Termination Date to the end of the Services plan. Any advance payments made by customer to Provider for that period shall be credited or refunded at Provider’s sole discretion within thirty (30) days after the Termination Date. Any unpaid balances owed by customer shall be immediately due upon customer's receipt of an invoice from Provider.

Plan Restrictions. (i) The decision to repair or replace any parts of the instrument will be made by Provider P rovider in its sole and reasonable discretion. Parts and components replaced or otherwise utilized in the repair of the instrument may be either new or refurbished at the discretion discret ion of Provider. All parts which have been removed and replaced in performance of Services become the property of Provider. (ii) Services plans do not cover replacement of parts, costs, repairs or adjustments for defects resulting from or necessitated necessitat ed by acts of nature, damage not caused by Provider, accident, neglect, carelessness, misuse, including without limitation: operation with incompatible solvents or samples in the system; operation outside of the environmental or use specifications or not in conformance confor xxxxx with the instructions for the instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software or interfacing, or use in combination with software or products, not supplied or authorized by ProviderProvi der; or modification, repair, service transfer to another location of the instrument made by the customer, customer's employees, agents or an unauthorized contractor, or intrusive activity, including without limitation computer viruses, hackers or other unauthorized unauthoriz ed interactions with instrument or software that detrimentally affects normal operations. Services plans do not cover repair or replacement of parts that are radioactive or contaminated with biological, toxic or other dangerous materials or substances. Services plans do not cover parts for any instrument or other equipment other than the covered instrument or equipment as identified in the Service Plan by its specific serial number(s). Service plans do not cover consumables unless otherwise specified in the Quotation. The list of consumables can be found at xxxxx://xxxxx.xxx/service-consumables. Services plans do not cover costs, repairs, or adjustments made necessary by connection of the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, or by any interruption or surge in voltage (see Instruction Manual for specificationsspecific ations). (iii) Unless otherwise expressly stated by Provider in writing or under the Terms of the purchased Services planplan , parts in contact with any liquid are considered wetted and may be deemed user replaceable and not covered by any Services plan, including, but not limited to seals, filters, gaskets, etc. (iv) Use of any non-Provider's parts or reagents that deposit or cause to be deposited residual matter in the instrument flow path or that otherwise interrupt the flow path that are reasonably determined by Provider to have caused instrument failure will require remedial repairs of the affected parts to be completed outside a Services plan at Provider's then prevailing rates for billable service. Provider does not warrant parts not purchased from Provider or Provider does not install. These parts are sold “as is”. (v) Unless otherwise specified in the Quotation, Service plans do not include customer training or services related to the relocation of instruments. (vi) Ancillary equipment not manufactured by Provider, such as third party computers, may be excluded from any Services plan at Provider's discretion. Provider will pass on to customer any manufacturer's warranty of any such ancillary equipment, to the extent permitted by the manufacturer. B. Services Plan Terms (applicable to purchase of any Services Plan) 1. Term and Termination - Unless otherwise expressly stated in the Quotation, the initial term of a Services plan and this agreement is one year, commencing on the date designated by Provider in its Quotation. A Services plan may be terminated by either party upon at least thirty (30) days written notice to the other party. Termination will be effective thirty (30) days after the receipt of such notice, or at a later date if one is so specified in the notice ("Termination Date"). Termination cannot be made effective prior to thirty (30) days after notice is received, provided, however, that Provider may terminate a Services plan immediately in the event that the instrument covered by the Services plan is transferred to another location. (i) Termination by Customer - Except where termination is in connection with the trade-in of a used Provider instrument as provided for in this section, in the event of termination of a Services plan by customer, Provider shall calculate at its sole discretion the total price of Services actually performed and expenses actually and reasonably incurred in servicing the covered product under the underlying Service Plan from its effective date until the Termination Date. Customer's total payment obligation to Provider under this agreement shall equal (1) the amount so calculated or (2) the prorated price of the current underlying Service Plan from its effective date until the Termination Date, whichever is greater, plus twenty percent (20%) of the total contract price for the underlying Service Plan period covered by the customer’s purchase order that would have been paid if the contract had not been terminated. Notwithstanding the foregoing, in no event shall customer’s total payment obligation exceed the total payment obligation for the underlying Service Plan if it had not been terminated by Customer. In the event that customer has made advance payments, any payments made by customer to Provider in excess of the amounts due on termination as described above shall be credited to customer's account within thirty (30) days after the Termination Date toward future purchases of Provider instruments, consumables or Services plans. Any unpaid portion of this amount shall be immediately due upon customer's receipt of an invoice from Provider. No cash refunds will be made due to the early termination by customer of any Services plan. If a Services plan is terminated early in connection with the trade-in of a used Provider instrument for a new Provider instrument, the unused portion of the Services plan will automatically be applied as an extension of the warranty on the new instrument. (ii) Termination by Provider - In the event of termination of a Services plan by Provider for other than cause, Provider will calculate the remaining unused portion of the Services plan from Termination Date to the end of the Services plan. Any advance payments made by customer to Provider for that period shall be credited or refunded at Provider’s sole discretion within thirty (30) days after the Termination Date. Any unpaid balances owed by customer shall be immediately due upon customer's receipt of an invoice from Provider.