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equipment is in good working order and meets all applicable manufacturer specifications. If any such item of equipment <br /> is found not to be in good working order and/or not in compliance with all applicable manufacturer specifications, <br /> Verizon will be under no obligation to provide VM Service under this Exhibit,provided however,that Customer may, <br /> upon written notice,request Verizon to upgrade and/or repair such equipment at Verizon's then current time and material <br /> rate. <br /> 5. Exclusions. Maintenance Services do not include: <br /> 5.1 Additions,changes,relocations,removals,operating supplies or accessories. <br /> 5.2 Operator, System Administrator and end user training except as specifically identified in this Agreement and any <br /> attachment. <br /> 5.3 Services necessitated by accident,casualty,neglect,misuse,intentional acts or any cause other than normal use of the <br /> System. <br /> 5.4 Repairs or replacements necessitated by lightning,radio frequency interference,power disturbances,fire,flood, <br /> earthquake,excessive moisture,Harmful Code or any event occurring external to the System that directly or indirectly <br /> causes a malfunction in the System,a private network to which the System is connected,or in telephone lines,cable or <br /> other equipment connecting the System to the public telephone network. Harmful Code means any virus or machine- <br /> readable instructions and data designed to intentionally disrupt the operation of the software or hardware or intentionally <br /> destroy or damage software or hardware or data contained therein. <br /> 5.5 Services necessitated by use of the System with any other device or system not supplied or approved as to such <br /> combined use by Verizon,or use of any part of the System in a manner not specified by Verizon. <br /> 5.6 Repair or maintenance or increase in normal service time resulting from Customer's failure to provide a suitable <br /> environment for the System or any other failure of Customer to perform its responsibilities. <br /> 5.7 Repair or replacement of Customer-owned outside plant cable unless specifically set forth in the applicable Statement of <br /> Work. <br /> 5.8 Loss or recovery of Customer data. <br /> 5.9 Upgrades,enhancements or new releases of software or firmware, except as specifically indicated in this Agreement and <br /> any attachment. <br /> Rev 12/14/05 Page 2 of 2 ESC#0149. <br />