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7 <br />Rev. 101019 <br />compliance with this Agreement and applicable law. Customer is solely responsible for any claims related <br />to Customer Content and for properly handling and processing notices that are sent to Customer regarding <br />Customer Content. <br /> <br />9. EQUIPMENT <br />If Customer purchases or rents Equipment from Kronos, a description of such Equipment (model and <br />quantity), the applicable pricing, and delivery terms shall be listed on the Order Form. <br />9.1 Rented Equipment. The following terms apply only to Equipment Customer rents from Kronos: <br />(a) Rental Term and Warranty Period. The term of the Equipment rental and the “Warranty Period” for <br />such Equipment shall run coterminously with the Term of the other Services provided under the Agreement. <br />(b) Insurance. Customer shall insure the Equipment for an amount equal to the replacement value of <br />the Equipment for loss or damage by fire, theft, and all normal extended coverage at all times. No loss, theft <br />or damage after shipment of the Equipment to Customer shall relieve Customer from Customer’s obligations <br />under the Agreement. <br />(c) Location/Replacement. Customer shall not make any alterations or remove the Equipment from the <br />place of original installation without Kronos’ prior written consent. Kronos shall have the right to enter <br />Customer’s premises to inspect the Equipment during normal business hours. Kronos reserves the right, at <br />its sole discretion and at no additional cost to Customer, to replace any Equipment with newer or alternative <br />technology Equipment as long as the replacement Equipment at least provides the same level of functionality <br />as that being replaced. <br />(d) Ownership. All Equipment shall remain the property of Kronos. All Equipment is, and at all times <br />shall remain, separate items of personal property, notwithstanding such Equipment’s attachment to other <br />equipment or real property. Customer shall not sell or otherwise encumber the Equipment. Customer shall <br />furnish any assurances, written or otherwise, reasonably requested by Kronos to give full effect to the intent <br />of terms of this paragraph (d). <br />(e) Equipment Support. Kronos shall provide to Customer the Equipment support services described <br />in Section 7. <br />(f) Return of Equipment. Upon termination of the Agreement or the applicable Order Form, Customer <br />shall return, within thirty (30) days of the effective date of termination and at Customer’s expense, the <br />Equipment subject to this Section 9.1. Equipment will be returned to Kronos in the same condition as and <br />when received, reasonable wear and tear excepted. If Customer fails to return Equipment within this time <br />period, upon receiving an invoice from Kronos, Customer shall pay Kronos the then list price of the <br />unreturned Equipment. <br />9.2 Purchased Equipment. The following terms apply only to Equipment Customer purchases from Kronos: <br />(a) Title and Warranty Period. When the Order Form indicates FOB – Shipping Point, title to the <br />Equipment passes to Customer upon delivery to the carrier; for all other shipping terms, title passes upon <br />delivery to Customer. The “Warranty Period” for the Equipment shall be for a period of 90 days from <br />such delivery (unless otherwise required by law). <br />(b) Kronos shall provide to Customer the Equipment support services described in this Agreement if <br />purchased separately by Customer as indicated on the applicable Order Form. If purchased, Equipment <br />support services have a term of one (1) year commencing upon expiration of the Warranty Period. <br />Equipment support services will be automatically extended for additional one (1) year terms on the <br />anniversary of its commencement date ("Renewal Date"), unless either party has given the other thirty (30) <br />days written notification of its intent not to renew. Kronos may change the annual support charges for <br />Equipment support services effective at the end of the initial one (1) year term or effective on the Renewal <br />Date, by giving Customer at least thirty (30) days prior written notification. <br />9.3 Equipment with Finger Scan Sensor Technology. The following terms apply only to any Equipment with <br />finger scan sensor technology purchased by Customer from Kronos or a Kronos reseller (“Finger Scan <br />Equipment”): <br />(a) To the extent that any biometric privacy laws may apply to Customer’s use of the Finger Scan Equipment, <br />Customer warrants that they will comply with any such laws prior to commencing use of the Finger Scan <br />Equipment and will remain in compliance at all times. Customer further warrants that, if required by law, <br />prior to such use it will (i) obtain signed releases from employees consenting to the use of the Finger Scan <br />Equipment for employee timekeeping purposes and (ii) issue policies made available to their employees and <br />the public regarding its retention and destruction of the Finger Scan data. Customer further warrants that it <br />will ensure that any releases, consents, or policies, as required by applicable law, will by their terms expressly <br />apply to Kronos and its authorized subcontractors. <br />(b) Customer agrees to defend, hold harmless and indemnify Kronos, its employees, directors, parent, <br />subsidiaries and authorized partners and subcontractors (collectively, “Kronos Indemnitees”) for any claims,