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FY2004-2005 1st Addendum 09/21/2004CierkdThe Circuit Court Danny L. Kolhage Phone:305-292-3550 Fax:306.296-3663 J To: Clark O. Martin, Jr. Fire Chief Attn Darice L. Hayes, Administrative Assistant From: Isabel C. DeSantis, Deputy Clerk Date: Monday, November 29, 2004 At the meeting of September 21, 2004, the BOG approved the following: Contract Agreement Addendum between the Board of Governors, Fire and Ambulance District 1 and Medtronic Physio-Control Corporation for the maintenance of biomedical equipment for an additional one year period per original Contract of October 15, 2003, in the amount of $14,376. Attached hereto is a fully executed duplicate original of the subject document for your handling. Should you have any questions concerning this matter please feel free to contact this office. Copies: County Attorney Finance/ File ✓ CONTRACT AGREEMENT ADDENDUM THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into this 21st day of September ,2004, by and between the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida, hereinafter "County" and Medtronic Physio-Control Corporation, hereinafter "Contractor", in order to amend the contract agreement between the parties dated October 15,2003, as follows: 1. The term of the Contract Agreement, as stated in Section 4A, shall be extended for an additional one (1) year term commencing on November 01,2004 and shall expire on October 31,2005. 2. In all other respects, the Contract Agreement between the parties dated October 15, 2003 remains in full force and effect. IN WITNESS WHEREOF, the parties hereunto have caused this Contract Agreement Addendum to be executed the day and year first above written. ;:::~SltA-L ) A ITEST:"DANNY L. KOLHAGE, CLERK By:",Q~C. ~;d~~ Deputy Clerk BOARD OF GOVERNORS OF THE FIRE AND AMBULANCE DISTRICT 1 OF M~ COUNT~ FLOJID}. ^u4!~~ J1~ Mayor/Chairman WITNESS: (lit tL}~ud;~i.;'L- Title: ~./) r:" 1- c;, ' co" c-.. , ~::> --, .'!':l> :.: '-, :-..o:,~- 2.".',. ...,... 19 f"- ::~ . . . r-." Q ,-.~) . CERTIFICATE NU~ CHI-00029817 THIS Ce"TIPlCATlIS ISSUED AS A "ATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIPlCATI! HOLDER OTHER THAN THOSE PROVIDED IN THI! POUCY. THIS CERTIFICATE DOIS NOT A"END, EXTEND OR ALTER THE COVERAGE AFFO"DED BY THE POLlCIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A ACE AMERICAN INS CO PRODUCER Marsh USA Inc. 333 South 7th Street, Suite 1600 Minneapolis, MN 55402-2400 3840 -GAW- x INSURED MEDTRONIC PHYSIO CONTROL CORP. MEDTRONIC, INC. 710 MEDTRONIC PARKWAY M.S. lC310 MINNEAPOLIS, MN 55432 COMPANY B COMPANY C " 'i>, i! "'~. '" """"" ""T ""''''" OF ~ DESCRoEn ""'E1N ..."" - ""'ED '" ",. '........ ....... _~ '.R "" ""'"" """". ..",,,,. ND""''''''....... "'" -"_T. ..... OR """"""'" OF "'" """"""' DR 0","" DOc......,. .... RESP<CT TO """'" .... CEDTO",,,, ..y " .."", OR ..y 'E1'"'''' "" """"""' "'DRDED BY "" 'oue:o.. .......ED -... '"""'" '" ACL "" "- """omaNS "'. """-us..... OF SUcH ""-<... ""'R",.." LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMPANY D CO TYPI OF INSURANCE POUCY NU"B'" LTR A GINERAL UABlUTY HDCG 21704842 X COMMERCIAl. GENERAl LIABILITY X CLAIMS MADE 0 OCCUR OWNER'S & CONTRAcTOR'S PROT ANY AUTO POUCY IFFECTIVI POLICY EXPIRATION LIMITS DATI/..../DDNY) DATEI..../DDNY) 05/01/04 05/01/05 GENERAL AGGREGATE $ 10,000,1 PRODUCTS-COMProPAGG $ 10,000,1 PERSONAL & ADV INJURY $ 1,000,< EACH OCCURRENCE $ 10,000,< FIRE DAMAGE An one nre) $ l,OOO.C MED EXP $ 10,C 05/01/04 05/01/05 COMBINED SINGLE LIMIT $ 1,000,0 BODILY INJURY $ IPer P8rS0n) BODILY INJURY $ IP. ecddenl) PROPERTY DAMAGE $ A AUTO..OBlLl UA8lUTY ISAH08016835 ANY AUTO X ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE UABIUTY A A A A THE PROPRIETOR! PARTNERS/EXeCUTIVE OFFICERS ARe: WLRC 43976849 (AOS) 05101/04 SCFC 43976801 (WI) 05101/04 WlRC 43976722 (NJ) 05/01/04 RC4397676A (MO, NC. NE, OK) 05/01/04 05101/05 05101/05 05/01/05 05/01/05 EXCESI UABlUTY UMBRaLA FORM OTHER THAN UMBRELLA FORM I!"PLOYlRI'llA_urv DESCRIPTION OF OPIRATIONIILOCATIONINEHICLI!IISPECIAL ITI"I THE MONROE COUNTY BOARO OF COUNTY COMMISSIONERS. ITS EMPLOYEES & OFFICIAlS IS NAMEO AS ADOITIONAlINSUREO AS IT RELATES TO GENERAL AND AUTO LIABilITY. as"."rFICA1. KOI:... ::.f;"; QAHC&L~"'fON;:" ' ~AHY 01' THe POUCJes DeSCR/IIED HeRe'... BE CANceLlED BEFORE THe EXPIRATIO'" DATE T><EREOf' THl! 'NSURER ""FORDING COVeRAGe WfU. EI'IDeAVOR TO IoWI. ---30 DAYS WRmeN I'IOTICE TO T><E Cl!RTlFICATe HOlDeR NAAl!D HERI!lN. BUT FAilURE TO lMII. SUCH I'IOTlCE SHAu IMPOSE NO OlIt.IGATION OR Ll4lIlLITY OI'.....v KIND UPON THl! INSUReR AFFORDING COVeRAGE. ITS AGEHTS OR RePREseHTATIVES, OR THE 'SSUeR 01' TlilS Cl!RTlFICA Te. MARSH UIA INC. IV: Debra Burrell If...' .." ,~~,(~J,~);,i~;J: : ~~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RISK MANAGEMENT DEPT. 1100 SIMONTON STREET KEY WEST, Fl 33040 VALID AS OF: 05/19/04 ':(7 ( TECHNICAL SERVICE SUPPORT AGREEMENT /'<f. '-., /",-\, '\'. j",,>,. ..". .'.'i' (~,:,-_. .',,-:~,,~;., "'--. --._.~'-<~: Contract Number: EndUser# 03189501 MONROE COUNTY FIRE RESCUE 490 63RD ST MARA THON, FL 33050 Medtronic' PHYSIO-CONTROl BiJITo# 03189501 MONROE COUNTY FIRE RESCUE 490 63RD ST MARA THON, FL 33050 This Technical Service Support Agreement begins on 11/1/2004 and expires on 10/31/2005. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Medtronic Physio-Control Corp.'s Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $14,376.00 per term, payable in Monthly in arrears instaIlments. Special Terms 17% DISCOUNT ON LPI2 UPGRADES 17% DISCOUNT ON DATA MANAGEMENT PRODUCTS Date: \ \ - 0'1 -0* Territory Rep: EASS59 Montero, Sandra Phone: 800-442-1142 x2081 FAX: 800-772-3340 When Life Depends on Medical Technology Customer: Monroe County ~)~ p ~~ :::t: -, Title: David P. Rice Mayor Pro Tern Date: September 21, 2004 Purchase Order Number: Customer Contact: Peter Lubert Phone: 305-289-6004 FAX: 305-289-6013 Reference Number: S59-1277 Printed: 7/7/2004 Renewal Page 1 of 8 ~... ~. --........W;c .....,~~-l ~c3 f, zZ ~ rn -< MEDTRONIC PHYSIO-CONTROL CORPORATION TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWAL TERMS Medtronic Physio-Control's acceptance of Customer's Technical Service Support Agreement is expressly conditioned on Customer's assent to the terms set forth in this document and its attachments, Physio-Control agrees to furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and services c?vered by this document shall con~rr~ their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physio-Control by Customer, These terms may not be revised in any manner without the prior written consent of an officer of Physio-Control. REPAIR SERVICES If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, all repair parts and materials required, all required Physio-Control service technician labor, and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physio-Control freight prepaid. INSPECTION SERVICES If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements are consistent with applicable product specifications, performance of an electrical safety check in accordance with National Fire and Protection Guidelines, all required Physio-Control service technician labor and all related travel expenses, For offsite (ship-in) services, units will be returned to Customer by Physio-Control freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. LOANERS If a Physio-Control product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is retumed. Customer assumes complete responsibility for the Loaner and shall return the Loaner to Physio-Control in the same condition as received, at Customer's expense, upon the earlier of the return of the removed unit or Physio-Control's request. EXCLUSIONS This Technical Service Support Agreement does not include: supply or repair of accessories or disposables (e,g" patient cables, recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, and/or acts of God; repairs to retum an instrument to normal operating equipment at the time of initial service by Physio-Control under this Technical Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Physio-Control; and exclusions on Schedule B to this Technical Service Support Agreement, if any, which apply to Covered Equipment. SCHEDULE SERVICES Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service hours, Customer is to ensure Covered Equipment is available for Repair and/or Inspection at scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if Physio-Control is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement (due to the nature of services selected, instruments involved not being Covered Equipment, request being outside of designated service frequency or hours, or application of the Exclusions); Customer shall reimburse Physio-Control at Physio-Control's standard labor rates less 10% (including overtime, if appropriate), plus standard list prices for related parts and materials less 15%, plus actual travel costs incurred. PAYMENT The cost of services performed by Physio-Control shall be payable by Customer within thirty (30) days of Customer's receipt of Physio- Control's Invoice (or such other terms as Physio-Control confirms to Customer in writing). In addition to the cost of services performed, Customer shall payor reimburse Physio-Control for any taxes assessed Physio-Control. If the number or configuration of Covered Equipment is altered during the Term of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly. WARRANTY Physio-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be defective, without any additional Customer charge, provided Customer notifies Physio-Control of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physio-Control makes no other warranties, express or implied including without limitation, NO WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT ' SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. When Life Depends on Medical Technology Reference Number: 859-1277 Printed: 7/7/2004 Renewal Page 2 of 8 TERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other, except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall be obligated to reimburse Physio-Control for that portion of the designated price which corresponds to that portion of the Term and the scope of Services provided prior to the effective date of termination. DELAYS Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the requirements of any govemmental authority, war, civil unrest, delays in manufacture, obtaining any required license of permit, and Physio-Control's inability to obtain goods from its usual sources, Any such delay shall not be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay, MISCELLANEOUS a) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Control's behalf during the Term of this Technical Service Support Agreement or for one (1) year following its expiration without Physio-Control's prior written consent. b) This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party, c) The rights and obligations of Physio-Control and Customer under this Technical Service Support Agreement shall be governed by the laws of the State of Washington. All costs and expenses incurred by Physio-Control related to enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by Customer, When Life Depends on Medical Technology Reference Number: S59-1277 Printed: 7/7/2004 Renewal Page 3 of 8 MEDTRONIC PHYSIO-CONTROL CORP, TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Servicing Rep: Montero, Sandra, EASS59 District: SOUTHERN Phone: 800-442-1142 x2081 FAX: 800-772-3340 Equipment Location: MONROE COUNTY FIRE RESCUE, 03189501 490 63RD ST MARATHON, FL 33050 Scope Of Service Ship In Repair - 2 On Site Inspections per year:M-F/8-5 Model LIFEP AK@ 10 LIFEP AK@ 10 LIFEP AK@ 10 LIFEP AK@ 10 LIFEPAK@ 10 LIFEPAK@ 10 LIFEP AK@ 10 LIFEP AK@ 12 LIFEP AK@ 12 LIFEP AK@ 12 LIFEP AK@ 12 LIFEPAK@ 12 LIFEP AK@ 12 Part Number 804200-14 804200-14 804200-28 804200-28 804200-28 804200-49 804200-49 VLP 12-02-002269 VLP 12-02-002269 VLP 12-02-002269 VLP 12-02-002269 VLPI2-02-002269 VLPI2-02-002269 Scope Of Service Ship In Repair Only:M-F/8-5 Model Part Number BATTERY SUPPORT SYSTEM 801807-12 BATTERY SUPPORT SYSTEM 801807-12 BATTERY SUPPORT SYSTEM 801807-12 BATTERY SUPPORT SYSTEM 801807-12 BATTERY SUPPORT SYSTEM 801807-12 BATTERY SUPPORT SYSTEM 801807-21 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 BA TTERY SUPPORT SYSTEM 2 VBSS2-02-000009 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 When Life Depends on Medical Technology Serial Number 001137 004475 007300 007308 007327 070414 070525 13451834 13451839 13451840 13451841 13451842 13451843 Serial Number 012341 014699 017090 017116 017121 034696 11122706 11122707 13426192 13445563 13445566 13445567 Ref, Effective Line Date 11/1/2004 2 3 4 5 6 25 7 8 9 10 11 12 11/1/2004 11/1/2004 11/1/2004 11/ 1/2004 11/1/2004 11/ 1/2004 11/1/2004 11/1/2004 11/1/2004 11/ 1/2004 11/1/2004 11/1/2004 Expiration Date ]0/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/3112005 10/3112005 10/31/2005 Expiration Date 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 Reference Number: S59-1277 Printed: 7/7/2004 Ref. Effective Line Date 19 20 21 22 23 24 13 14 15 16 17 18 11/1/2004 11/1/2004 11/1/2004 11/1/2004 11/1/2004 11/1/2004 11/ 1/2004 11/1/2004 1 ]/1/2004 11/112004 11/1/2004 11/1/2004 Total Insoections 2 2 2 2 2 2 2 2 2 2 2 2 2 Total Insoections o o o o o o o o o o o o Renewal Page 4 of 8 ** Denotes an inventory line that has changed since the last contract revision or addendum. When Life Depends on Medical Technology Reference Number: S59-1277 Printed: 7/7/2004 Renewal Page 5 of 8 Contract Number: Additional Items Service Type CASE CHANGE MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Item Quantity Start Date 2 1 1/1/2004 LP12 LIMITED CASE CHANGES .. Denotes an additional item line that has changed since the last contract revision or addendum. When Life Depends on Medical Technology Reference Number: S59-1277 Printed: 7/7/2004 End Date 10/31/2005 Renewal Page 6 of 8 MEDTRONIC PHYSIO-CONTROL CORP, TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEP AK@ 10 DEFIBRILLA TORIMONITOR/P ACEMAKER . Paddle repairs are included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments). . Auxiliary Power Supply included when listed on equipment inventory (Schedule A). . Pacemaker repair is included. . Case changes are excluded. . Pacing and patient cables are excluded. . F AST-P A TCH@ adapters and QUIK-COMBOlM pacing/defibrillation adapters are included. . Medtronic Physio-Control@ Battery Support System included when listed on equipment inventory (Schedule A). . Repair coverage for Medtronic Physio-Control@ ECG, Pacing and Defibrillation Simulators included. Medtronic Physio-Control@ Battery Pak . Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "DiscardinglRecycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). . If customer provides evidence that a Medtronic Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic Physio-Control shall replace said Medtronic Physio-Control Battery Pak (like for like) i.e. FASTPAK for FASTPAK, up to a maximum of 4 Medtronic Physio-Control Battery Paks every two years (including prior Support Plan periods) per LIFEPAK@IOdefibrillator/monitor/pacemaker (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic Physio-Control and must be returned at the time of exchange. . Only batteries manufactured by Medtronic Physio-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Medtronic Physio-Control cannot guarantee the operation, safety and/or performance of our product when operating with a non-Medtronic Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic Physio-Control battery. Any repairs, as determined by a Medtronic Physio-Control Service Representative, resulting from the use of a non-Medtronic Physio-Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. When Life Depends on Medical Technology Reference Number: 859-1277 Printed: 7/7/2004 Renewal Page 7 of 8 MEDTRONIC PHYSIO-CONTROL CORP, TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK@ 12 DEFIBRILLATOR/MONITOR . Battery Support System included when listed on equipment inventory (Schedule A). . Battery Support System 2 included when listed on equipment inventory (Schedule A). . AC Power Adapter included when listed on equipment inventory (Schedule A). . DC Power Adapter included when listed on equipment inventory (Schedule A), , Defibrillator paddle repairs are included (excludes internal, sterilizable and pediatric paddles). . Communications and Patient cables are excluded. . PCMCIA Modems are excluded. . Therapy cables are excluded, . Sp02 Sensors are excluded. . Case Changes are excluded, . Discount of 17% from the field installed list price for any current and/or future available LIFEP AK@12 upgrade is included when installed by Medtronic Physio-Control Technical Services. . Discount of 17% from list price for any Medtronic Physio-Control@ Data Management product is included, . Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic Physio-Control Fastpak@, Fastpak 2, Lifepak SLA and Lifepak NiCd Battery . Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the operating instruction manual and to replace batteries that do not pass the conditions outlined under "Discarding/ Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). . If customer provides evidence that a Medtronic Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic Physio-Control shall replace said Medtronic Physio-Control Battery Pak (like for like) i.e. F ASTP AK for F ASTP AK, F ASTP AK2 for F ASTP AK2, LIFEP AK SLA for LIFEP AK SLA, or LIFEP AK NiCd for LIFEP AK NiCd, up to a maximum of 4 Medtronic Physio-Control Battery Paks every two years (including prior Support Plan periods) per LIFEP AK@ 12 defibrillator/monitor (listed on Schedule A). To assist in proper recycling and removal oflow capacity batteries, replaced Battery Paks become the property of Medtronic Physio-Control and must be returned at the time of exchange. . Only batteries manufactured by Medtronic Physio-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Medtronic Physio-Control cannot guarantee the operation, safety and/or performance of our product when operating with a non-Medtronic Physio-Control battery, Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic Physio-Control battery. Any repairs, as determined by a Medtronic Physio-Control Service Representative, resulting from the use of a non-Medtronic Physio-Control battery, wiJI be billed at our standard list prices for parts and labor, including actual travel charges incurred. Lifepak@12 Software Updates , If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory for Lifepak 12 units, at the customer's request, a Medtronic Physio-Control Technical Services Representative will install Lifepak 12 software updates at no additional charge provided it is installed at the time of a regularly scheduled inspection. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled inspection will be billed at $205 per unit per software update. The cost ofthe software update will be billed on a separate invoice. . If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units, at the customer's request a Medtronic Physio-Control Technical Services Representative wiJI install a Lifepak 12 software update at a discounted price of $205 per unit per software update. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current list price ofa new assembly. The cost of the software update will be billed on a separate invoice. . Discounts may not be combined with any other special terms, discounts and/or promotions. When Life Depends on Medical Technology Reference Number: S59-1277 Printed: 7/7/2004 Renewal Page 8 of 8