Maintenance Exclusion Clause Samples

Maintenance Exclusion. Gilat's/Spacenet's maintenance obligations under this Agreement do not include provision of consumable supplies, repair or replacement of Equipment failures or malfunctions caused by improper installation, operations, or maintenance by other than Spacenet authorized representatives, relocation or modification by StarBand or others not under Spacenet's control, failure or interruption of StarBand-provided terrestrial communications or electrical power, accident, fire, lightning, snow, snow removal, or other hazards beyond normal range of use, vandalism, trouble calls where no problem is found and the reported problem does not repeat within five calendar days, or failures or malfunctions resulting from exposure of the Equipment to conditions beyond its operating conditions. Any such failures and malfunctions will be repaired as authorized by StarBand on a commercially reasonable effort basis and billed to StarBand on a time and materials basis. StarBand shall grant or have granted access as required for maintenance of the Equipment during maintenance hours, including appropriate security escort when required. ATTACHMENT B STARBAND PRODUCTS & SERVICES SSA Model 180 SSB Model 360 SB with PCI Cards Option 1: RETAIL DISTRIBUTOR PLAN Includes: Equipment, standard installation, field maintenance, service/warranty (optional), help desk, shared hub support, space segment, consumer billing, and Internet backbone connectivity. StarBand Dealer Commission: Distributor commission structure consistent with the MFN provision in Paragraph 20 of the Agreement.