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FROM : MIDRANGE SOLUTIONS PHONE NO. : ?BI 23? 5939 Jan, 25 2002 03:46PM P3 <br /> <br /> other and to your IBM Business Partner of their decision not to renew. <br />3. Your Responsibilities <br /> <br /> to mvide YO~ IBMBusiness Paltrier with an invent°[y in which y°u identify stl Etigible Machines <br />1, fo ~)~ covered et each Specified Location. All Eligible Machines of the same type at a Specified <br /> Lonetion must be included in the coverage. You also agree to identify all Eligible Machines for <br /> w'nicb we are to pro¥1de wemanty service; <br />2. to notify year IBM Business Partner whenever you wish to add Eligible Machine types to an <br /> existing Specified Localion or set up new SlUed Locefions; <br />3. fo ensure that any eec'ess cedes we provide to y~u ate used only by those who are aulhor[zed fi3 <br /> do so; , . , , <br />4. to prevlde your IBM Business Partner with ~nfon'nstmn we request which ~s re{ated fo our <br /> provision of theea Services te you and notify year IBM Business Pan'net O{ any chaageSlnctoding <br />5. to allow IBM and entities within its Enterprise Io stem and use your contaC{ information, <br /> names, phone numbem, and e-mail addresses, anywhere they do bualnesa_ such information <br /> will be processed and used in connection with our business rMaaonship, end may be provided to <br /> controo{ers, Business Partners, and essignese O{ iBM end entities within its Enterpriea fer uses <br /> oonsistent with their o011ecllve business aclivities, including communication with you (for example, <br /> for pn3cesslng ordain, for promotions, and for marke~ tuscan=h); only in support of <br /> 8. to use any etec~mnie diagnestle and service delivery fac{lifies we Pm~ide fo YOu <br /> Eligible Ma~hines identified in the Schedule to this Statement of Work; a separate <br /> ?. that electronic e¢~,'~ te our support centers and certain databases may require <br /> network sewices agreement;* <br /> 8. to pay any communications cha~ges essecisted with accessing Ihese Services unless we specify <br /> otherwise; <br /> 9. to use the informati~'~ obtained under these Services only for the support of tho infermation <br /> prosessing requiromania within your Enterprise; and <br /> 10. that yo~r acceptance of any sofkvare Services does no{ alter your responsibilities for D~stobuted <br /> ~y$1~m License Option licenses. <br /> Whenever both of us agree to store repair parts at year Specified Lot;etlon, yOu also agree: <br /> 1. to provide secure storage space for ell pads stored at your Specified Locatior~; <br /> 2, fl~ provide IBM ash/ice technioians a~,4~sa to the secure s*o~ge space for storage of and access <br /> ~,^ the, p~rfs; and <br /> 3. t~at while in storage, <br /> a. you are responsible for ell Io~s or damage to the pads, <br /> b. ym~ wilt be separately charged [or any parts that we tlnd to be missing, used, or damaged. <br /> and <br /> c. ~tts remain ttle properly of IBM and will be made available for return to IBM upon our <br /> request. <br /> <br /> Mutual Responsibilities <br /> If al any time either of us requests a review of ~ inventory count, each of us will cooperate in <br /> updotin9 the lest formal i~ventory. <br /> <br /> ~er~ice~ Program License <br /> The fallowing terms apply to each Prmjram we provide w~ a ~ervise that is not otherwise <br /> accompanied by a license agreement. <br /> <br />Z125-5766-08 09/2001 (MK076) O1/33rz00Q Page 2 <br /> <br /> <br />