Additional Exclusions IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCES, SUCH AS IMPROPER POWER SUPPLY; USE OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE OF NON GRASS VALLEY FURNISHED EQUIPMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.
