SlideShare a Scribd company logo
Appendix - K

                     Nascent Applied Methods & Endeavors
                      Procedures for Shipping Equipment

1. Description of the Equipment.

   A. Hardware: (Please refer to Appendix _J_ under Technical Specifications of this Agreement.)

   B. Software: (Please refer to Appendix _C_ of this Agreement.)

   C. Firmware: (Please refer to Appendix _J_ of this Agreement.)

   D. Miscellaneous (Cabling, etc.): (Please refer to Appendix _J_ under Technical Specifications of
      this Agreement.)


2. Demonstration Price: _________


3. Percentage of Demonstration Price to be paid by NAME (User) for descretionary/extension of
   Demonstration Period (applied pro rata to Demonstration Price to reflect proportionate extension
   period): _________


4. Purchase Price: _________


5. Lease Price: _________


6. Subcontractor's maintenance contract form (attached as Exhibit (1) One to this Appendix).


7. Stipulated loss value of Equipment, (as of date of delivery): _________


8. Delivery date: _________


9. Duration of Demonstration Period: (Please refer to the Reqest for Proposal of this Agreement.)


10. Description of Training Program: (Please refer to Appendices __A, B & M     of this
    Agreement.)


11. Optional extension of Demonstration Period: Maximum of 6 weeks.



                                                   1
12. Description of the Packaging and Delivery Procedures:

    A. All materials, components, accessories and parts shall be delivered to the site in a new or new
       like condition, properly packed and protected against damage due to handling, adverse weather or
       other circumstances and, as far as is practicable, they shall be kept in the packing cases or under
       protective coverings until. required for use. Any items suffering damage in transit or on the site
       shall be rejected and replaced without extra cost to the NAME in the case of items of equipment
       and materials which originated outside the country of NAME location,

       (i) All items of equipment and material shall be adequately and securely packed for safe
             transportation with due regard to the climatic conditions encountered in transit and on
           arrival.

       (ii) Standard data classifications and Supplements, or other comparable and acceptable code,
            shall be used as a guide for the standard of packing and package required.

       (iii) It shall be the Subcontractor's responsibility to examine all materials and equipment,
            supplied
             under this contract, on delivery to site. The Subcontractor shall replace, at his/her own cost,
            any such material or equipment which is damaged or faulty.

            (a) In addition, the following requirements shall be observed:

                 (1)   The use of airline shipping containers (igloos) is not permitted.

                 (2)   All equipment must have a Polythene sleeve as the inner layer over the top to
                       protect against rain during storage or delivery.

                 (3)   Complete original manufacturers shipping equipment must be fitted where
                       applicable.

                 (4)   Pallets must be larger than the equipment placed on them to prevent overhang.

                 (5)   All exposed vent holes must be covered to prevent dust and moisture ingress.

                 (6)   No adhesive tape is to be applied to paint work.

                 (7)   Plugs and sockets must be protected with shrouds or padded bags.

                 (8)    Where stacking equipment is likely to cause damage, then clear warnings must be
                        printed on the packing or preferably stacking made impossible by pyramid shaped
                        packing. If it is important that the equipment remains upright, then arrows must
                       be
                        sign-written on the outside.

                 (9)   The outside of each box must state:
                       * Number of individual cartons, and total number in shipment e.g. Box 7 of 10.
                       * Special Instructions for unshipping, if required.

                 (10) As the handling of equipment at the loading dock is generally very rough,
maximum



                                                      2
possible precautions must be taken to protect any shock sensitive items. Any
           possible handling aids, such as banding strong enough to support equipment must
           be fitted.

      (11) It is essential that the shipping documentation identifies which box item is packed
in,
           as this aids in unpacking the equipment in a logical sequence.

      (12) Shock absorbers must be fitted to sensitive equipment and this tied to the shipping
           insurance contract.

      (13) Shipments with a value greater than US $1 million are to have a manufacturer's
           employee traveling with the shipment form the factory to NAME locations. All
           shipments of value greater than US $100,000 are met on arrival by a Subcontractor
           and/or supplier's employee.

      (14) Extra paint for touching up transit damage is to be supplied.

      (15) All shipments of equipment connected in any way with this contract must be
           notified by telex or facsimile to the Buyer at least 30 (thirty) working days prior to
           shipment.

      (16) The following details must be incorporated:

            * Consigning agent's name

            * If by air, house air way bill number
                 Flight details - airline name
                                - airline flight number
                                - departure data and time (serial numbers)
                                - projected arrival date and Lime (serial number)

            * Master air way hill number

            * Number of items or boxes in shipment

            * Weight of heaviest item or box and quantity of these

            * Size of largest item or box and quantity of these.

      (17) Every package in each shipment must be covered so that its nature is not
           externally apparent.




                                           3
NAME's Drafted Appendix - K
Exhibit(1)0ne

                  The Agreement For Hardware Maintenance



       This Exhibit is executed and delivered pursuant to the Agreement for Hardware maintenance,

dated ________________ 20___ ("the Agreement") between NAME ("Customer"), and Subcontractor

("Vendor"), and incorporates such Agreement by reference. Any term not otherwise defined herein has

the meaning ascribed to it in the Agreement, but any provision herein which is inconsistent with such

Agreement shall prevail over such inconsistent term in the Agreement.


       1.   Equipment Subject to this Exhibit

                                                                                         Beginning
                                                                                         Monthly
            a. Ident. No.                        Description                             Charge

               _____________        _________________________________              ______________

               _____________        _________________________________              ______________

               _____________        _________________________________              ______________

            b. Location of Equipment: _________________________________________________

               ____________________________________________________________________


       2.   Term of Coverage

            a. Commencement date ________________ b. Termination date ________________


       3.   Call Window: 12-:00 A.M. to 11:59 P.M. 7 days per week.


       4.   On-Site Response Times

            Response time for on-site visits within Call Window 24 hrs. (hours).

            Response time for on-site visits outside of Call Window 24 hrs. (hours) (measured in clock
            hours from time of Customer call indicating that telephone diagnostic assistance has not
            worked).


                                                    1
5.   Time period for satisfactory completion of on-site repair work: (1) one (day).


6.   Charges

     a. Normal monthly maintenance fee for Services within Call Window: $ _______ /month.

     b. Extra charge for on-site remedial service for service performed outside of Call Window
        $ _________. (Please refer to Article(s) ____, Section(s) ____ of the Strategic
        Development Agreement).

     c. Percentage credit against monthly charge for each hour beyond on-site Response Time
        provided in Section 4 of this Exhibit: ___%.

     d. Percentage credit against monthly charge for each day beyond time period stated for
        satisfactory completion of on-site repair work, as provided in Section 5 of this Exhibit:
        (Please refer to Article(s) ____, Section(s) ____ of the Strategic Development
        Agreements).


7.   Preventive Maintenance

     a.   Minimum hours per month 24.

     b.   Frequency; as many times as necessary.

     c.   Special Time of performance ________ .


8.   Additional Charges

     a.   Monthly maintenance charges for calls within Call Window: ________ .

     b.    Installation of Field Change Orders outside of Call Window or Preventive Maintenance
          times: ________ per FCO.

     c.   Special charges $ ________ .


9.   Field service exterior location(s): ____________________________________________ .


10. Additional spare parts to be maintained at regional facility located at: __________________
    ______________________________________________________ .

11. Operational Availability Required: (if different from 95%) 90% .


12. Holidays on which coverage is inapplicable: None .




                                              2
13. Acceptance

    Date _____________________

   Vendor ___________________________      Customer _______________________

    By: ______________________________     By: ____________________________

    Its: _______________________________   Its: ____________________________




                                     3
NAME's Drafted Appendix - K
Nascent Applied Methods & Endeavors
                            Supplemental Contract
                     Agreement for the use of Co-operative Computer Equipment
                                    dated ______________, 20__


                                                between



          ________________________________________________________ (Subcontractor)

                                                  and

      ________________________________________________________ (Contractor)


        This Contract Supplemental No. __________________ is executed and delivered pursuant to the
Master Contract Agreement or the use of Co-operative Computer Equipment, dated _______________,
20___ (the "Strategic Development Contract of Nascent Applied Methods & Endeavors"), between
_________________________________as (Subcontractor) and ___________________________
(Contractor). Any term not otherwise defined herein shall have the meaning ascribed to it in the Master
Contract Agreement. It is hereby consented to and acknowledged that the Owner of the Equipment
covered by this Supplemental Contract shall be _________________________________and that the
Assignee of this Supplemental Contract _________________________________. Contractor and
Subcontractor hereby agree that only a fully executed original of this Supplemental Contract legended on
the face hereof as "Counterpart Number I" may be assigned, transferred or used by Contractor in any
manner whatsoever to create any interest in this Supplemental Contract of the Equipment listed in Annex
I hereto.


      1. EQUIPMENT SUBJECT TO THIS SUPPLEMENTAL CONTRACT. As set forth on
Annex I to this Supplemental Contract.


       2. TERM AND RENTAL PAYMENT (if applicable).

                    TERM                         MONTHLY RENTAL PAYMENT

              From ______________, 20___         $ ____________________________________
              through ____________, 20___


       3. COMMENCEMENT DATE: _______________________




                                                   1
4. INVESTMENT TAX CREDIT. The following party shall receive the financial benefit of
the Investment Tax Credit, if any, in this transaction (hereafter, the "Designated Party" (Place "X"):


_________________________CONTRACTOR _______________________SUBCONTRACTOR------N.A.


       If the Equipment described in Annex I hereto is new Section 38 property and has not previously
been in productive use, then if as a result of any act or failure to act of the Party listed above which does
not have an "X" placed in the line preceding it (hereinafter, "Responsible Party") with respect to the
Equipment, the Designated Party:

        (a) shall not be eligible for the full use of the investment tax credit provided to owners of "new
section 38 property" under the internal Revenue Code of 1954, as amended ("the Code") with respect to
its basis in the Equipment under the Code;

      (b) shall have its tax increased on account of recomputation of such investment tax credit under
the Code; or

        (c) shall not be eligible for each of its taxable years (or portions thereof) in which this contract is
in effect for a depreciation deduction with respect to the depreciation basis of the Equipment in its hands
which is based on a method of depreciation selected by it and provided by Sections 167(b) (2), (3) or (4)
or successor provisions of the Code, then the Responsible Party agrees to pay to the Designated Party
upon demand, a sum which, after the deduction of all taxes, required to be paid by Contractor in respect
of the receipt thereof, shall be equal to (x) the amount of such investment credit not so utilized or (y) the
increase in tax on account of any such recomputation of investment credit, as distinguished from any
other ineligibility for or loss of investment credit and (z) the increase in tax on account of the failure to
obtain the benefit of a depreciation deduction on the aforesaid basis, together with any interest or penalty
which may be assessed in connection with any of the foregoing. The provisions of this section shall
survive the expiration or earlier termination of this Contract Supplemental only as to events occurring or
tax liabilities arising out of this contract with respect to the Equipment during the term hereof.

        The Responsible Party shall cooperate with the Designated Party in any manner which Contractor
may reasonably request (including the execution, timely filing, and retention of copies of such returns,
forms, statements, and other instruments as may be required to effectuate the intent hereof), to facilitate
the claiming by the Designated Party of any investment tax credit available, in respect to the Equipment
leased or borrowed pursuant to such Contract Supplemental, under Section 38 of the internal Revenue
Code of 1954, as amended.

       5. Stipulated Loss Value.

       As set forth on Annex II to this Contract Supplemental.


       6. Supplier and Vendor.

       Supplier: _______________________________________________________

       Vendor: ________________________________________________________

7. Equipment Location.

       _______________________________________________________________


                                                       2
8. Insurance Amount.

       ______________________________________________ Personal Injury Liability.

       ______________________________________________ Property Damage Liability.



9. Late Payment Interest Rate.

       _______________________________________________________________



10. Termination Interest Rate.

       _______________________________________________________________


11. State of Applicable Law

       _______________________________________________________________



12. Representation, Warranties and Covenants of Contractor.

       _______________________________________________________________


      Contractor represents, warrants and covenants to, and for the express benefit of, Subcontractor,
Owner and Assignee:

       (a) Contractor is a networking entity duly organized and existing under the applicable laws of the
State of __________________________ and is in good standing under the applicable laws of the State of
no proceedings for __________________________ the liquidation or dissolution of Contractor are pending
or contemplated;

        (b) There is no action, suit or proceeding pending or threatened against or affecting Contractor
before or by any court, administrative agency or other governmental authority which in any way will
impair Contractor's ability to perform all of its obligations under, or which otherwise brings into question
the validity of the transactions contemplated by, the Master Contract Agreement or this Supplemental
Contract;

        (c) Contractor's execution, delivery, and performance of the Master Contract Agreement and this
Supplemental Contract have been duly authorized by all appropriate network action on the part of
Contractor and the Master Contract Agreement and this Supplemental Contract constitute valid and
binding obligations of Contractor enforceable against Contractor in accordance with the terms thereof and
hereof, except as the same may be limited by bankruptcy, insolvency, reorganization, moratorium or
other laws or equitable principles of general application relating to or affecting creditors' rights generally;


                                                      3
(d) Neither the execution and delivery by Contractor of the Master Contract Agreement and this
Supplemental Contract, nor the consummation by Contractor of the transactions contemplated thereby
and hereby, nor compliance by Contractor with the provisions thereof and hereof, conflicts with or results
in a breach of any of the provisions of the corporate of by-laws of Subcontractor, or of any applicable
law, judgment, order, writ, injunction, decree rule or regulation of any court, administrative agency or
other applicable governmental authority, or of any agreement or other instrument to which Contractor is a
party or by which it is bound, or constitutes a default under any thereof; and

       (e) No consent, or approval or other authorization of or by any court, administrative agency or
other governmental authority is required in connection with the execution, delivery or performance by
Contractor of, or the consummation by Contractor of the transactions contemplated by, the Master
Contract Agreement or this Supplemental Contract.

        (f) To the extent requested by Subcontractor and if required by Assignee and Owner, Contractor
shall provide Subcontractor, owner and Assignee (i) with a legal opinion of Contractor's counsel in form
and substance satisfactory to Subcontractor as to the matters set forth in subparagraphs (a) through (e)
hereof and as to such other matters as Subcontractor may reasonably request, and (ii) with such
certificates, documents or resolutions as Subcontractor may reasonably require in connection with the
representations set forth in subparagraphs (a) through (e) hereof.



                                INCORPORATION BY REFERENCE

      All terms and conditions of the Master Contract Agreement are hereby incorporated herein and
made a part hereof as if such terms and conditions were set forth in this Supplemental Contract at length.

        Annexes, I and II attached to this Supplemental Contract are hereby incorporated herein and made
a part of hereof as if such Annexes were set forth in this Supplemental Contract at length.



                                                             _______________________________
                                                             (Contractor)
                                                             By: ____________________________

                                                             _______________________________
                                                             (Subcontractor)
                                                             By: ____________________________

Dated: _________________, 20___




                                                    4

More Related Content

Similar to NAME's Drafted Appendix - K (20)

PDF
Orgalime2012
DOC
United nations charter agreement
DOCX
Construction plan
PDF
Equipment Sales Agreement
PDF
Shipping Freight
DOC
KNOWN SHIPPER SECURITY PROGRAM
PDF
Na cs 1046-american_airlines
PDF
Ws2000 wireless switch installation guide
PDF
Ws2000 wireless switch installation guide
PDF
Synopses of Black Belt Projects
PDF
Bill of Lading
PDF
Tai Ping Buyers Checklist
DOCX
INTERNATIONAL STANDARD OF GENERAL TERMS AND CONDITIONS OF SALE SAMPLE (Purcha...
 
PPTX
Simmco inc commercial agreement
DOC
Sales Contract For a Coating - CLEAN DRAFT.doc
PDF
Federal Stamp & Seal (fessco) Catalog 2009
PDF
Lashing and securing deck cargoes
PDF
Riordan inventory management
DOC
Contract of Inspection Service for the Materials and Equipments (Purchase thi...
 
PPT
Mapping supply chains
Orgalime2012
United nations charter agreement
Construction plan
Equipment Sales Agreement
Shipping Freight
KNOWN SHIPPER SECURITY PROGRAM
Na cs 1046-american_airlines
Ws2000 wireless switch installation guide
Ws2000 wireless switch installation guide
Synopses of Black Belt Projects
Bill of Lading
Tai Ping Buyers Checklist
INTERNATIONAL STANDARD OF GENERAL TERMS AND CONDITIONS OF SALE SAMPLE (Purcha...
 
Simmco inc commercial agreement
Sales Contract For a Coating - CLEAN DRAFT.doc
Federal Stamp & Seal (fessco) Catalog 2009
Lashing and securing deck cargoes
Riordan inventory management
Contract of Inspection Service for the Materials and Equipments (Purchase thi...
 
Mapping supply chains
Ad

More from A-Square Technology Group/Nascent Applied Methods and Endeavors (20)

PDF
The Global Market(s) Financial Data Sheet.pdf
PDF
BW Online April 21, 2003 Small Biz Microsoft'.pdf
DOC
NAME's New Business Model for Personalized E-Commerce Solutions (i.e., Autono...
DOCX
NAME's PowerPoint Seller Assisted Marketing Plan's Script for Raising Funds
PDF
The Universal Treatise of Global Socioeconomic Common Sense/Thomas Paine - Ne...
PDF
NAME's Onesimus Equations for Developing Approximately 11.5 Thousand Global B...
PDF
NAME's SME Web Based Services Operational Environments
PDF
NAME's Focal Points for Over 48 Million New Jobs
PDF
The Call to Serve a Higher Purpose in Life
PDF
THE A-Square Technology Group & Nascent Applied Methods and Endeavors - Syste...
PDF
NAME's Jewish Instructions for Judicial Economic Strategies and Monetary Tactics
PDF
NAME's Jewish Interpretation for Mishna Based Investment Srategies and Moneta...
PDF
NAME's Patenting of Your Own Genome on Behalf of Pharmacogenomics
DOC
NAME's Pathway for a Cure to Various Diseases through Virtual Laboratory Tech...
PDF
NAME's Structure of the Grammatic Genome
PDF
NAME's Autonomous Economic Procedural Guidelines
PPT
The Global Market(s) Financial Data Sheet.pdf
BW Online April 21, 2003 Small Biz Microsoft'.pdf
NAME's New Business Model for Personalized E-Commerce Solutions (i.e., Autono...
NAME's PowerPoint Seller Assisted Marketing Plan's Script for Raising Funds
The Universal Treatise of Global Socioeconomic Common Sense/Thomas Paine - Ne...
NAME's Onesimus Equations for Developing Approximately 11.5 Thousand Global B...
NAME's SME Web Based Services Operational Environments
NAME's Focal Points for Over 48 Million New Jobs
The Call to Serve a Higher Purpose in Life
THE A-Square Technology Group & Nascent Applied Methods and Endeavors - Syste...
NAME's Jewish Instructions for Judicial Economic Strategies and Monetary Tactics
NAME's Jewish Interpretation for Mishna Based Investment Srategies and Moneta...
NAME's Patenting of Your Own Genome on Behalf of Pharmacogenomics
NAME's Pathway for a Cure to Various Diseases through Virtual Laboratory Tech...
NAME's Structure of the Grammatic Genome
NAME's Autonomous Economic Procedural Guidelines
Ad

Recently uploaded (20)

PDF
Weekly quiz Compilation Jan -July 25.pdf
PDF
Complications of Minimal Access Surgery at WLH
PDF
RMMM.pdf make it easy to upload and study
PPTX
History, Philosophy and sociology of education (1).pptx
PDF
LNK 2025 (2).pdf MWEHEHEHEHEHEHEHEHEHEHE
PDF
advance database management system book.pdf
PDF
Chinmaya Tiranga quiz Grand Finale.pdf
PPTX
Cell Types and Its function , kingdom of life
PDF
Hazard Identification & Risk Assessment .pdf
PPTX
CHAPTER IV. MAN AND BIOSPHERE AND ITS TOTALITY.pptx
PDF
GENETICS IN BIOLOGY IN SECONDARY LEVEL FORM 3
PPTX
Tissue processing ( HISTOPATHOLOGICAL TECHNIQUE
PPTX
Digestion and Absorption of Carbohydrates, Proteina and Fats
PPTX
Chinmaya Tiranga Azadi Quiz (Class 7-8 )
PDF
Indian roads congress 037 - 2012 Flexible pavement
PPTX
Radiologic_Anatomy_of_the_Brachial_plexus [final].pptx
PDF
Computing-Curriculum for Schools in Ghana
PDF
ChatGPT for Dummies - Pam Baker Ccesa007.pdf
PPTX
UV-Visible spectroscopy..pptx UV-Visible Spectroscopy – Electronic Transition...
PDF
IGGE1 Understanding the Self1234567891011
Weekly quiz Compilation Jan -July 25.pdf
Complications of Minimal Access Surgery at WLH
RMMM.pdf make it easy to upload and study
History, Philosophy and sociology of education (1).pptx
LNK 2025 (2).pdf MWEHEHEHEHEHEHEHEHEHEHE
advance database management system book.pdf
Chinmaya Tiranga quiz Grand Finale.pdf
Cell Types and Its function , kingdom of life
Hazard Identification & Risk Assessment .pdf
CHAPTER IV. MAN AND BIOSPHERE AND ITS TOTALITY.pptx
GENETICS IN BIOLOGY IN SECONDARY LEVEL FORM 3
Tissue processing ( HISTOPATHOLOGICAL TECHNIQUE
Digestion and Absorption of Carbohydrates, Proteina and Fats
Chinmaya Tiranga Azadi Quiz (Class 7-8 )
Indian roads congress 037 - 2012 Flexible pavement
Radiologic_Anatomy_of_the_Brachial_plexus [final].pptx
Computing-Curriculum for Schools in Ghana
ChatGPT for Dummies - Pam Baker Ccesa007.pdf
UV-Visible spectroscopy..pptx UV-Visible Spectroscopy – Electronic Transition...
IGGE1 Understanding the Self1234567891011

NAME's Drafted Appendix - K

  • 1. Appendix - K Nascent Applied Methods & Endeavors Procedures for Shipping Equipment 1. Description of the Equipment. A. Hardware: (Please refer to Appendix _J_ under Technical Specifications of this Agreement.) B. Software: (Please refer to Appendix _C_ of this Agreement.) C. Firmware: (Please refer to Appendix _J_ of this Agreement.) D. Miscellaneous (Cabling, etc.): (Please refer to Appendix _J_ under Technical Specifications of this Agreement.) 2. Demonstration Price: _________ 3. Percentage of Demonstration Price to be paid by NAME (User) for descretionary/extension of Demonstration Period (applied pro rata to Demonstration Price to reflect proportionate extension period): _________ 4. Purchase Price: _________ 5. Lease Price: _________ 6. Subcontractor's maintenance contract form (attached as Exhibit (1) One to this Appendix). 7. Stipulated loss value of Equipment, (as of date of delivery): _________ 8. Delivery date: _________ 9. Duration of Demonstration Period: (Please refer to the Reqest for Proposal of this Agreement.) 10. Description of Training Program: (Please refer to Appendices __A, B & M of this Agreement.) 11. Optional extension of Demonstration Period: Maximum of 6 weeks. 1
  • 2. 12. Description of the Packaging and Delivery Procedures: A. All materials, components, accessories and parts shall be delivered to the site in a new or new like condition, properly packed and protected against damage due to handling, adverse weather or other circumstances and, as far as is practicable, they shall be kept in the packing cases or under protective coverings until. required for use. Any items suffering damage in transit or on the site shall be rejected and replaced without extra cost to the NAME in the case of items of equipment and materials which originated outside the country of NAME location, (i) All items of equipment and material shall be adequately and securely packed for safe transportation with due regard to the climatic conditions encountered in transit and on arrival. (ii) Standard data classifications and Supplements, or other comparable and acceptable code, shall be used as a guide for the standard of packing and package required. (iii) It shall be the Subcontractor's responsibility to examine all materials and equipment, supplied under this contract, on delivery to site. The Subcontractor shall replace, at his/her own cost, any such material or equipment which is damaged or faulty. (a) In addition, the following requirements shall be observed: (1) The use of airline shipping containers (igloos) is not permitted. (2) All equipment must have a Polythene sleeve as the inner layer over the top to protect against rain during storage or delivery. (3) Complete original manufacturers shipping equipment must be fitted where applicable. (4) Pallets must be larger than the equipment placed on them to prevent overhang. (5) All exposed vent holes must be covered to prevent dust and moisture ingress. (6) No adhesive tape is to be applied to paint work. (7) Plugs and sockets must be protected with shrouds or padded bags. (8) Where stacking equipment is likely to cause damage, then clear warnings must be printed on the packing or preferably stacking made impossible by pyramid shaped packing. If it is important that the equipment remains upright, then arrows must be sign-written on the outside. (9) The outside of each box must state: * Number of individual cartons, and total number in shipment e.g. Box 7 of 10. * Special Instructions for unshipping, if required. (10) As the handling of equipment at the loading dock is generally very rough, maximum 2
  • 3. possible precautions must be taken to protect any shock sensitive items. Any possible handling aids, such as banding strong enough to support equipment must be fitted. (11) It is essential that the shipping documentation identifies which box item is packed in, as this aids in unpacking the equipment in a logical sequence. (12) Shock absorbers must be fitted to sensitive equipment and this tied to the shipping insurance contract. (13) Shipments with a value greater than US $1 million are to have a manufacturer's employee traveling with the shipment form the factory to NAME locations. All shipments of value greater than US $100,000 are met on arrival by a Subcontractor and/or supplier's employee. (14) Extra paint for touching up transit damage is to be supplied. (15) All shipments of equipment connected in any way with this contract must be notified by telex or facsimile to the Buyer at least 30 (thirty) working days prior to shipment. (16) The following details must be incorporated: * Consigning agent's name * If by air, house air way bill number Flight details - airline name - airline flight number - departure data and time (serial numbers) - projected arrival date and Lime (serial number) * Master air way hill number * Number of items or boxes in shipment * Weight of heaviest item or box and quantity of these * Size of largest item or box and quantity of these. (17) Every package in each shipment must be covered so that its nature is not externally apparent. 3
  • 5. Exhibit(1)0ne The Agreement For Hardware Maintenance This Exhibit is executed and delivered pursuant to the Agreement for Hardware maintenance, dated ________________ 20___ ("the Agreement") between NAME ("Customer"), and Subcontractor ("Vendor"), and incorporates such Agreement by reference. Any term not otherwise defined herein has the meaning ascribed to it in the Agreement, but any provision herein which is inconsistent with such Agreement shall prevail over such inconsistent term in the Agreement. 1. Equipment Subject to this Exhibit Beginning Monthly a. Ident. No. Description Charge _____________ _________________________________ ______________ _____________ _________________________________ ______________ _____________ _________________________________ ______________ b. Location of Equipment: _________________________________________________ ____________________________________________________________________ 2. Term of Coverage a. Commencement date ________________ b. Termination date ________________ 3. Call Window: 12-:00 A.M. to 11:59 P.M. 7 days per week. 4. On-Site Response Times Response time for on-site visits within Call Window 24 hrs. (hours). Response time for on-site visits outside of Call Window 24 hrs. (hours) (measured in clock hours from time of Customer call indicating that telephone diagnostic assistance has not worked). 1
  • 6. 5. Time period for satisfactory completion of on-site repair work: (1) one (day). 6. Charges a. Normal monthly maintenance fee for Services within Call Window: $ _______ /month. b. Extra charge for on-site remedial service for service performed outside of Call Window $ _________. (Please refer to Article(s) ____, Section(s) ____ of the Strategic Development Agreement). c. Percentage credit against monthly charge for each hour beyond on-site Response Time provided in Section 4 of this Exhibit: ___%. d. Percentage credit against monthly charge for each day beyond time period stated for satisfactory completion of on-site repair work, as provided in Section 5 of this Exhibit: (Please refer to Article(s) ____, Section(s) ____ of the Strategic Development Agreements). 7. Preventive Maintenance a. Minimum hours per month 24. b. Frequency; as many times as necessary. c. Special Time of performance ________ . 8. Additional Charges a. Monthly maintenance charges for calls within Call Window: ________ . b. Installation of Field Change Orders outside of Call Window or Preventive Maintenance times: ________ per FCO. c. Special charges $ ________ . 9. Field service exterior location(s): ____________________________________________ . 10. Additional spare parts to be maintained at regional facility located at: __________________ ______________________________________________________ . 11. Operational Availability Required: (if different from 95%) 90% . 12. Holidays on which coverage is inapplicable: None . 2
  • 7. 13. Acceptance Date _____________________ Vendor ___________________________ Customer _______________________ By: ______________________________ By: ____________________________ Its: _______________________________ Its: ____________________________ 3
  • 9. Nascent Applied Methods & Endeavors Supplemental Contract Agreement for the use of Co-operative Computer Equipment dated ______________, 20__ between ________________________________________________________ (Subcontractor) and ________________________________________________________ (Contractor) This Contract Supplemental No. __________________ is executed and delivered pursuant to the Master Contract Agreement or the use of Co-operative Computer Equipment, dated _______________, 20___ (the "Strategic Development Contract of Nascent Applied Methods & Endeavors"), between _________________________________as (Subcontractor) and ___________________________ (Contractor). Any term not otherwise defined herein shall have the meaning ascribed to it in the Master Contract Agreement. It is hereby consented to and acknowledged that the Owner of the Equipment covered by this Supplemental Contract shall be _________________________________and that the Assignee of this Supplemental Contract _________________________________. Contractor and Subcontractor hereby agree that only a fully executed original of this Supplemental Contract legended on the face hereof as "Counterpart Number I" may be assigned, transferred or used by Contractor in any manner whatsoever to create any interest in this Supplemental Contract of the Equipment listed in Annex I hereto. 1. EQUIPMENT SUBJECT TO THIS SUPPLEMENTAL CONTRACT. As set forth on Annex I to this Supplemental Contract. 2. TERM AND RENTAL PAYMENT (if applicable). TERM MONTHLY RENTAL PAYMENT From ______________, 20___ $ ____________________________________ through ____________, 20___ 3. COMMENCEMENT DATE: _______________________ 1
  • 10. 4. INVESTMENT TAX CREDIT. The following party shall receive the financial benefit of the Investment Tax Credit, if any, in this transaction (hereafter, the "Designated Party" (Place "X"): _________________________CONTRACTOR _______________________SUBCONTRACTOR------N.A. If the Equipment described in Annex I hereto is new Section 38 property and has not previously been in productive use, then if as a result of any act or failure to act of the Party listed above which does not have an "X" placed in the line preceding it (hereinafter, "Responsible Party") with respect to the Equipment, the Designated Party: (a) shall not be eligible for the full use of the investment tax credit provided to owners of "new section 38 property" under the internal Revenue Code of 1954, as amended ("the Code") with respect to its basis in the Equipment under the Code; (b) shall have its tax increased on account of recomputation of such investment tax credit under the Code; or (c) shall not be eligible for each of its taxable years (or portions thereof) in which this contract is in effect for a depreciation deduction with respect to the depreciation basis of the Equipment in its hands which is based on a method of depreciation selected by it and provided by Sections 167(b) (2), (3) or (4) or successor provisions of the Code, then the Responsible Party agrees to pay to the Designated Party upon demand, a sum which, after the deduction of all taxes, required to be paid by Contractor in respect of the receipt thereof, shall be equal to (x) the amount of such investment credit not so utilized or (y) the increase in tax on account of any such recomputation of investment credit, as distinguished from any other ineligibility for or loss of investment credit and (z) the increase in tax on account of the failure to obtain the benefit of a depreciation deduction on the aforesaid basis, together with any interest or penalty which may be assessed in connection with any of the foregoing. The provisions of this section shall survive the expiration or earlier termination of this Contract Supplemental only as to events occurring or tax liabilities arising out of this contract with respect to the Equipment during the term hereof. The Responsible Party shall cooperate with the Designated Party in any manner which Contractor may reasonably request (including the execution, timely filing, and retention of copies of such returns, forms, statements, and other instruments as may be required to effectuate the intent hereof), to facilitate the claiming by the Designated Party of any investment tax credit available, in respect to the Equipment leased or borrowed pursuant to such Contract Supplemental, under Section 38 of the internal Revenue Code of 1954, as amended. 5. Stipulated Loss Value. As set forth on Annex II to this Contract Supplemental. 6. Supplier and Vendor. Supplier: _______________________________________________________ Vendor: ________________________________________________________ 7. Equipment Location. _______________________________________________________________ 2
  • 11. 8. Insurance Amount. ______________________________________________ Personal Injury Liability. ______________________________________________ Property Damage Liability. 9. Late Payment Interest Rate. _______________________________________________________________ 10. Termination Interest Rate. _______________________________________________________________ 11. State of Applicable Law _______________________________________________________________ 12. Representation, Warranties and Covenants of Contractor. _______________________________________________________________ Contractor represents, warrants and covenants to, and for the express benefit of, Subcontractor, Owner and Assignee: (a) Contractor is a networking entity duly organized and existing under the applicable laws of the State of __________________________ and is in good standing under the applicable laws of the State of no proceedings for __________________________ the liquidation or dissolution of Contractor are pending or contemplated; (b) There is no action, suit or proceeding pending or threatened against or affecting Contractor before or by any court, administrative agency or other governmental authority which in any way will impair Contractor's ability to perform all of its obligations under, or which otherwise brings into question the validity of the transactions contemplated by, the Master Contract Agreement or this Supplemental Contract; (c) Contractor's execution, delivery, and performance of the Master Contract Agreement and this Supplemental Contract have been duly authorized by all appropriate network action on the part of Contractor and the Master Contract Agreement and this Supplemental Contract constitute valid and binding obligations of Contractor enforceable against Contractor in accordance with the terms thereof and hereof, except as the same may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws or equitable principles of general application relating to or affecting creditors' rights generally; 3
  • 12. (d) Neither the execution and delivery by Contractor of the Master Contract Agreement and this Supplemental Contract, nor the consummation by Contractor of the transactions contemplated thereby and hereby, nor compliance by Contractor with the provisions thereof and hereof, conflicts with or results in a breach of any of the provisions of the corporate of by-laws of Subcontractor, or of any applicable law, judgment, order, writ, injunction, decree rule or regulation of any court, administrative agency or other applicable governmental authority, or of any agreement or other instrument to which Contractor is a party or by which it is bound, or constitutes a default under any thereof; and (e) No consent, or approval or other authorization of or by any court, administrative agency or other governmental authority is required in connection with the execution, delivery or performance by Contractor of, or the consummation by Contractor of the transactions contemplated by, the Master Contract Agreement or this Supplemental Contract. (f) To the extent requested by Subcontractor and if required by Assignee and Owner, Contractor shall provide Subcontractor, owner and Assignee (i) with a legal opinion of Contractor's counsel in form and substance satisfactory to Subcontractor as to the matters set forth in subparagraphs (a) through (e) hereof and as to such other matters as Subcontractor may reasonably request, and (ii) with such certificates, documents or resolutions as Subcontractor may reasonably require in connection with the representations set forth in subparagraphs (a) through (e) hereof. INCORPORATION BY REFERENCE All terms and conditions of the Master Contract Agreement are hereby incorporated herein and made a part hereof as if such terms and conditions were set forth in this Supplemental Contract at length. Annexes, I and II attached to this Supplemental Contract are hereby incorporated herein and made a part of hereof as if such Annexes were set forth in this Supplemental Contract at length. _______________________________ (Contractor) By: ____________________________ _______________________________ (Subcontractor) By: ____________________________ Dated: _________________, 20___ 4