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A-61578 September 2006 21
• seasonal hibernation (de-installation) and reactivation (re-
installation);
• service or parts associated with any unauthorized modifications,
attachments or service;
• rebuilding or reconditioning of Product;
• misuse or abuse of Product; and/or
• failure to follow operating instructions provided by the
manufacturer.
Kodak may provide, at its sole discretion, service in the above
referenced situations under the Per-Call terms and at prevailing
Per-Call rates.
8. Confidentiality of Customer Data. Kodak does not wish to receive
any confidential information of Customer in the course of providing
maintenance services, and Customer is expected to take all
reasonable precautions to avoid disclosing any of its confidential
information or that of its customers, employees or contractors.
However, in the event that Kodak’s employees or contractors
become exposed to Confidential Information, Kodak will ensure that
such information is protected against unauthorized disclosure using
the same degree of care, but no less than a reasonable degree of
care, as Kodak uses to protect its own information of a like nature.
9. Cancellation. Except as provided in Section 2.2 and section 4.J
above, this Agreement may be canceled by either Customer or
Kodak upon 30 days prior written notice. An early cancellation fee
equal to any discount received may apply for cancellation. Kodak
will issue a prorated credit for any remaining prepaid Agreement
coverage. Customer will be charged for any service provided when
Product is not covered by an Agreement at prevailing Per-Call rates.
10. Taxes. Sales and use taxes will be billed if applicable.
11. Assignment. This Agreement is not assignable without the prior
written consent of Kodak, which consent will not be unreasonably
withheld. The above notwithstanding and with notice to Kodak,
Customer may assign the agreement without Kodak’s consent to a
successor in interest by way of merger, acquisition, change of
control or other sale of all, or substantially all, the assets of
Customer to which this agreement relates. Any attempt by
Customer to assign this agreement in violation of this provision shall
be null and void.