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<br />--- - .- <br />---- <br />- - - -- <br />--- <br />- -- --- <br />- - - --- <br />==::r=,,=, = <br /> <br />Master Services Attachment for ServiceElite <br /> <br />1. Scope of Services <br /> <br />IBM will provide you Services as described in this Attachment and, if applicable, its Statements of Work and Change Authorizations to support your <br />hardware and software products (called "Eligible Machines," "Eligible Programs," and together "Eligible Products"). Services are available for <br />Eligible Products normally used for business, professional, or trade purposes. rather than personal, family, or household purposes. <br /> <br />IBM will identify the Eligible Products, the Services that apply to them, and the Services transaction contract period in Schedules that reference this <br />Attachment and any associated Statements of Work and Change Authorizations. Each Schedule will also identify the Specified Locations at which <br />the Services will be provided. A Specified Location may be your entire information processing environment, or a portion thereof, which may be <br />resident at multiple sites or a single building. <br /> <br />The specific terms regarding Eligible Machine Services and Eligible Program Services contained in this Attachment and its Statements of Work <br />and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program <br />support Service as specified in a Schedule. <br /> <br />2. Sales through IBM and IBM Business Partners <br /> <br />You may acquire Services through IBM or an IBM Business Partner, or their designee, authorized to resell IBM Services. IBM Business Partners <br />establish the price and general business terms at which they market the IBM Services to you and they will communicate these directly to you for <br />all transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities <br />associated with these Services. Therefore, IBM will provide the Services as described in this Attachment and its associated Statements of Work <br />and Change Authorizations (and their Schedules). <br /> <br />Whenever IBM is required to provide notification to you or you are required to provide notification to IBM, each of us also agrees to notify the <br />applicable IBM Business Partner if one is engaged in the transaction. <br /> <br />In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services, for any reason, IBM will so notify <br />you in writing. You may continue to receive the Services by instructing IBM (in writing) to transfer administration of the Services to either 1) another <br />IBM Business Partner of your choice (who may require you to first execute one of their agreements) that is approved to offer you IBM Services, <br />or 2) IBM under a standard direct marketing relationship that enables IBM to generate charges and invoicing. <br /> <br />IBM is not responsible for 1) any actions of IBM Business Partners or their designees, 2) any additional obligations they have to you, or 3) any <br />products or services that they supply to you under their agreements. <br /> <br />Each of us agrees that the complete agreement between us about these Services consists of 1) this Attachment and its associated Statements of Work <br />and Change Authorizations, 2) Schedules to this Attachment and its associated Statements of Work and Change Authorizations, 3) supplemental terms <br />referenced in this Attachment and its associated Statements of Work and Change Authorizations, and 4) the IBM Customer Agreement (or any equivalent <br />agreement in effect between us) identified below. By signing below for our respective Enterprises, both of us agree to the terms of this Attachment without <br />modification. <br /> <br />As used in this Attachment, "you" and "your" refer to the Enterprise identified below. <br /> <br />Agreed to: <br />CASS COUNTY <br /> <br />Agreed to: <br />International Business Machines Corporation <br /> <br />By <br /> <br />By <br /> <br />Authorized signature <br /> <br />Authorized signature <br /> <br />Name (type or print): <br />Date: <br /> <br />Name (type or print): <br />Date: <br /> <br />Enterprise address: <br /> <br />Attachment number: MAV7SGV <br /> <br />TERRY SCHMALTZ <br />211 9TH ST SOUTH <br />FARGO ND 58103-1833 <br /> <br />Agreement number: <br /> <br />Telephone number: <br />Billing Address: <br /> <br />Enterprise number: 01502367 <br />IBM Address: <br /> <br />AVNET INCAVNET INC <br />A P TT400 09263 <br />2021 LAKESIDE BLVD <br />RICHARDSON TX 75082-4301 <br /> <br />IBM CORPORATION <br />7100 HIGHLAND PARKWAY <br />SMYRNA, GA 30082 <br /> <br />Z125-7227-01 11/2005 (MK076) <br /> <br />contract AVCOJ1 (prepared 12/13/0511:11 AVEHUMB) <br /> <br />Paqe 1 of 5 <br />
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