NSN. Classic 36 Renewal Monthly Payments
<br />Service Agreement and Extended Warranty
<br />Toro National Support Network (TORO NSN) provides a dedicated and accessible resource for software support
<br />and Toro central control system troubleshooting, problem solving and system operation assistance. TORO NSN
<br />wishes to establish continuity in its relationships with the highest level of customer satisfaction possible. This
<br />Classic 36 Month Renewal Service Agreement and Extended Warranty (Agreement) is a legal agreement
<br />between The Toro Company, represented by its division Toro National Support Network (hereinafter referred to
<br />as "TORO NSN") and ELBEL GOLF COURSE (Customer) and becomes effective upon receipt of the payment
<br />due at the TORO NSN office. In the case of customers with existing Agreements, this Agreement becomes
<br />effective upon receipt of the payment and the expiration or cancellation of your existing Agreement. In
<br />consideration for Customer's payment of all applicable fees, TORO NSN shall provide the following:
<br />1. HARDWARE
<br />TORO NSN, pursuant to this Agreement with the Customer shall provide the Customer one standard computer
<br />system that meets or exceeds the specifications described in Attachment A of this Agreement.
<br />II. SOFTWARE
<br />TORO NSN, pursuant to this Agreement with the Customer shall provide the Customer the software that meets or
<br />exceeds the specifications described in Attachment A of this Agreement.
<br />III. TORO NSN WARRANTY
<br />A. HARDWARE
<br />TORO NSN, pursuant to this Agreement with the Customer warrants to the Customer the TORO central computer
<br />system and TORO components in the central control system (i.e. Narrow Band Base Station, DIU, FILL, NB-HHRI,
<br />Gateway, RIU and Turfguard)(collectively referred to as "Hardware") against defects in material and workmanship
<br />for a period described below, provided such hardware is used according to recommended specifications.
<br />Regarding any and all radio communications system(s) and related components that are purchased from Toro, it
<br />is the client, and not Toro, that is responsible for obtaining, complying with, and maintaining, at client's expense,
<br />any and all licenses, permits, codes and other such regulatory requirements related to construction, zoning,
<br />clearance and other such regulation as issued and enforced by all applicable international, federal, state, county,
<br />municipal, local and other governing bodies including but not limited to, The Federal Communications
<br />Commission (FCC), The Federal Aviation Administration (FAA), The Environmental Protection Agency (EPA), or
<br />any state legislature, county commission, county zoning board, city council, city/municipal zoning board, county
<br />building inspection department, city/municipal inspection department, etc.
<br />During the warranty period, TORO NSN will repair or replace at TORO NSN option, any part found to be
<br />defective. The Customer's remedy is limited solely to the replacement or repair of defective parts.
<br />This warranty does not apply (i) to acts of God (e.g. earthquakes, flooding, lightning, etc.); (ii) to non-TORO
<br />additional hardware; (iii) to hardware installed by anyone other than TORO NSN or its designated agent; (iv) to
<br />hardware that is used in any manner contrary to TORO NSN specifications and instructions; (v) to hardware that
<br />is altered or modified; (vi) to damage caused by fire or losses incurred due to theft; (vii) to consumable items such
<br />as printer cartridges, disks, cd caddies, etc.
<br />Components or hardware added by TORO NSN at the Customer's request that are not part of the published
<br />TORO central computer system specifications are covered by manufacturer's warranty only. In the event a
<br />replacement component must be shipped, the Customer will receive original standard components until the non-
<br />standard component can be repaired or replaced by the manufacturer. Any costs associated with the repair or
<br />replacement of a non-standard component will be the responsibility of the Customer.
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