| Language Line® PHONE TERMS AND CONDITIONS. The following terms and conditions amend and supplement the existing Services Agreement ('Agreement') between LANGUAGE LINE, LLC ('Language Line Services') and you (the 'Customer'). Language Line Services agrees to provide the Language Line® Phones (the 'Equipment') to Customer, and Customer agrees to license the use of the Equipment from Language Line Services, on the following terms and conditions. Except as modified below, all terms and conditions of the Agreement remain in full force and effect. The capitalized terms used in this Addendum shall have the meanings given to those terms in the Agreement. 1. Customer agrees to pay all properly invoiced monthly maintenance charges for the Equipment within thirty (30) days of the invoice date. Customer may use the Equipment to access the Interpreter Services and shall not permit the use of the Equipment by any person or persons other than Customer. Customer shall not make any alterations, additions or improvements to the Equipment without the prior approval of Language Line Services. Any such alterations, additions or improvements to the Equipment shall belong to Language Line Services and shall be subject to the terms of the Agreement. Customer shall comply with all laws relating to Customer's possession or use of the Equipment. 2. Language Line Services warrants that the Equipment will be free from defects in materials and workmanship during the term of the Agreement. In the event of any such defect, Language Line Services may, at its option, promptly repair or replace the defective Equipment. Except as otherwise set forth above, Language Line Services makes no representation, warranty or guarantee, express or implied, about the Equipment. Language Line Services specifically disclaims any warranty or condition of merchantability or fitness of the Equipment for a particular purpose. 3. Language Line Services' entire liability and Customer's exclusive remedy for damages caused by defect or failure of the Equipment, whether for breach or in tort and including but not limited to negligence, shall be limited to the repair or replacement of the Equipment, at Language Line Services' option. Language Line Services will not be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of Customer's use of the Equipment (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if Language Line Services has been previously advised of the possibility of such damage. Liability for damages shall be limited and excluded, even if any exclusive remedy provided for herein fails of its essential purpose. 4. Upon the termination of the Agreement, Customer shall, at its cost, return the Equipment to Language Line Services within thirty (30) days following the termination date. Customer acknowledges that ownership of the Equipment remains with Language Line Services, and that the Equipment must be returned upon the termination of the Agreement. If Customer fails to return the Equipment to Language Line Services within the 30 - day period, Language Line Services may invoice Customer two hundred seventy five dollars ($275.00) per Language Line® Phone not returned and Customer agrees to pay that invoice within thirty (30) days of the invoice date. |