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Rev. 2024-08-06 pg. 21 <br /> <br />return the leased Hardware to Provider at Merchant’s expense or Merchant will be charged the <br />replacement value of the Hardware. <br />3. Promotional Lease Hardware from Provider. Should a promotional lease offer be made <br />available by Provider, Sub-merchant may, via email or phone, place an order for such Hardware <br />to Provider to lease that certain Hardware from Provider for a lease term of one (1) year (“Initial <br />Term”). Except as hereafter provided, unless Sub-merchant gives notice to Provider at least ninety <br />(90) days prior to the expiration of any Term, the lease shall renew for additional one (1) year <br />terms (“Renewal Term”) (collectively the “Term”). With the exception of a replacement during <br />the warranty period, as described below, any replacement or substitution of Hardware outside of <br />the warranty period may be purchased or leased by the Sub-merchant from Provider at the then <br />current pricing, terms and conditions. All Hardware which Provider may lease to Sub-merchant <br />under such promotion is the personal property of Provider and may not, under any circumstances, <br />be considered fixtures. Sub-merchant may not sell, re-lease, encumber, or otherwise dispose of <br />any interest in any Hardware leased from Provider and will keep the leased Hardware free of all <br />liens, claims or encumbrances whatsoever. During the manufacturer’s warranty period only, the <br />leased Hardware will be replaced at no charge to Sub-merchant if the Hardware becomes <br />inoperable through no fault of Sub-merchant. If the required repairs were caused by negligence or <br />willful acts, Sub-merchant will be charged for the repairs. Sub-merchant must, within fifteen (15) <br />days of receipt of any replacement Hardware, return the Hardware, which was replaced, to <br />Provider at Merchant’s expense. If Sub-merchant does not return the replaced Hardware, or if the <br />Hardware became inoperative because of negligence or willful acts, Sub-merchant will be charged <br />for the replacement value of the Hardware. If Sub-merchant terminates the Processing Agreement, <br />which will automatically terminate the lease or terminates only the lease prior to the end of its <br />Term, payment for the remainder of the lease Term will be immediately due and payable to <br />Provider. Upon termination of the lease, Sub-merchant must, within fifteen (15) days of the <br />termination, return the leased Hardware to Provider at Merchant’s expense or Merchant will be <br />charged the replacement value of the Hardware. <br />4. Support Services. Provider’ sole obligation with respect to a warranty claim received by <br />Provider during the applicable warranty period shall be to repair or replace any malfunctioning <br />Hardware, which may be with a refurbished product, provided that Sub-merchant has first utilized <br />Provider’s assistance services and has not resolved the problem. Hardware sent back to Provider <br />for repair must be repairable for this service. From time to time, services may be interrupted for <br />system maintenance and, furthermore, may also be interrupted for reasons beyond the control of <br />Provider. Any extended warranty services, if any, shall be governed by the terms and conditions <br />of such extended warranty. <br />5. LIMITATION OF LIABILITY. PROVIDER ACCEPTS NO LIABILITY TO SUB- <br />MERCHANT FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR <br />EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, <br />REVENUES AND BUSINESS OPPORTUNITIES, OR DAMAGES FOR INJURY TO <br />PERSONS OR PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY <br />HARDWARE OR SOFTWARE PURCHASED OR LEASED, OR SERVICE OBTAINED <br />FROM PROVIDER. THE LIABILITIES LIMITED BY THIS SECTION APPLY(i)