Computer System and Software Agreement - Toro NSN

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Payment Schedule The Customer, pursuant to this Agreement with TORO NSN agrees to submit the Initial Amount Payable as defined in FINANCIAL. TERMS with the signed Agreement to TORO NSN to establish the effective date of this Agreement. Thereafter, monthly payments of $216.10 are due on the first day of each month during the term of this Agreement, starting with the month following the effective date, and continuing for a total of 36 monthly payments. The Customer agrees to pay a $10,00 late charge for each payment not received by TORO NSN within fifteen days after it is due. TORO NSN is not responsible for delivery of services during any period in which payments are in arrears. Default If the customer fails to make any payment under this Agreement when it is due, TORO NSN may terminate this Agreement. In the event of default by either party, the defaulting party must pay all expenses paid by the non - defaulting party to enforce its rights under this Agreement including reasonable attorneys fees and collection costs as permitted by law, In the event of default by the Customer, TORO NSN has the right to assign any collection action. VI. GENERAL. Modification This Agreement comprises the entire Agreement between TORO NSN and the Customer with respect to Support Services and Warranties. There is no other agreement. Any change in this Agreement must be in writing and signed by the Customer and TORO NSN. Termination This Agreement shall terminate upon the end of the term of this Agreement, upon non-payment, or failure to return replaced components pursuant to the terms of this Agreement. In the event of termination due to non- payment or the failure to return replaced components, Customer is obligated to pay the outstanding Hardware and Software balance due TORO NSN as agreed in the FINANCIAL TERMS of this Agreement. Customer may renew this Agreement (pay to extend the warranty and support period) at any time before its expiration by contacting the TORO NSN Sales Department at 1-888-676-8676 Option 1 or 3. Indemnity The Customer will indemnify TORO NSN from all claims, losses and costs arising out of the use or condition of the TORO central control system during the term of this Agreement. Customer is solely responsible for any failure of the product which results from accident, abuse, misapplication or alteration of the product, and TORO NSN assumes no liability as to consequence of such events under the terms of this Agreement. TORO NSN does not provide property and/or liability insurance. General Except as otherwise provided by the law where the Customer resides, the law that will apply to this Agreement is the law of the state where TORO NSN's place of business is located. If that law does not allow any of the provisions in this Agreement, the ones that are not allowed will be void. The rest of this Agreement will still be valid. An authorized representative of the Customer must sign this Agreement and return it to TORO NSN: Mailing: TORO NSN Sales Department P. O. Box 3339 Abilene, Texas 79604-3339 Phone: 1-888-676-8676, press 1 or 3 for Sales 325-673-8765 (Fax) Shipping: TORO NSN Sales Department 500 Chestnut, Suite 400 Abilene, Texas 79602 Page 4 of 5