Excluded Service Clause Samples

Excluded Service. Generally, all service with the Employer counts for purposes of applying the Plan’s vesting schedules. However, the Employer may elect under AA §8-3 to exclude certain service with the Employer in calculating an Employee’s vesting Years of Service.

Excluded Service. Unless the Employer elects to exclude certain service with the Employer under Part 6, #20 of the Agreement [Part 6, #38 of the 401(k) Agreement], all service with the Employer is counted for vesting purposes. (1) Service before the Effective Date of the Plan. Under Part 6, #20.a. of the Agreement [Part 6, #38.a. of the 401(k) Agreement], the Employer may elect to exclude service during any period for which the Employer did not maintain the Plan or a Predecessor Plan. For this purpose, a Predecessor Plan is a qualified plan maintained by the Employer that is terminated within the 5-year period immediately preceding or following the establishment of this Plan. A Participant’s service under a Predecessor Plan must be counted for purposes of determining the Participant’s vested percentage under this Plan. (2) Service before a certain age. Under Part 6, #20.b. of the Agreement [Part 6, #38.b.of the 401(k) Agreement], the Employer may elect to exclude service before an Employee attains a certain age. For this purpose, the Employer may not designate an age greater than 18. An Employee will be credited with a Year of Service for the Vesting Computation Period during which the Employee attains the requisite age, provided the Employee satisfies all other conditions required for a Year of Service.

Excluded Service. Outside Services. Fees paid under this Agreement do not include and do not cover any Excluded Services. If Member elects to receive these services and/or products, including those ordered by Infinium, Member resumes full responsibility for any associated costs of those services and/or products. Infinium will not reimburse Member for any charges Member may incur for any of these services and/or products received or paid for, for any reason.

Excluded Service. In determining the Years of Service of an Employee for the purpose of vesting, all Years of Service with the Company and Related Companies shall be included except for the following Years of Service: (a) ( ) Years of Service before the Employer maintained this Plan or a predecessor plan. No more than five prior Years of Service may be credited to an Employee. If you have maintained a predecessor plan, please state the name, type of plan and effective date of the predecessor plan:

Excluded Service. Repairs, including labor, parts and travel expense, required due to damage by the following are not covered under the Agreement: fire, water, burglary, accident, abuse, acts of God, acts of terrorism, failure of User to operate or maintain the Equipment in conformity with Hobart’s or other manufacturer’s recommended operating and maintenance instructions, usage that is not deemed appropriate by Hobart, improper water conditions, failure due to not properly cleaning the unit, failure of User to provide proper water quality to the Equipment as required by equipment manufacturer specifications, failure of User to maintain water treatment equipment, and relocation, adjustment or repair of Equipment other than by or under the supervision of a representative of the Service Office. Hobart shall have no obligation to provide Service or Parts under this Agreement for any Equipment that is damaged due to any of the foregoing causes until such Equipment is repaired by the applicable Service Office. Any such repairs shall be at Hobart Rates.

Excluded Service. Seller will not provide accounting services. Seller will provide detail on transition related transactions that Purchaser requires to book necessary entries on their ledger. The parties will work together to provide the Administrative Services necessary to operate the Business. Assistance will be required from employees of Purchaser in this pursuit. The parties recognize that transition services of this nature will require manual intervention in Seller systems and will therefore require some additional time and collaboration to complete. Purchaser agrees to provide reasonable and periodic access to Purchaser's Controller through July 31, 2007, for purposes of assisting Seller in transitioning such position to a replacement resource and to assist in closing the books of Seller's ExpeData business unit. {00295504.DOC;} Seller shall provide information technology, network services, information technology management, and telecommunications support (collectively "IT Support"), as currently provided to the Business, but shall not include access to Seller's confidential applications.

Excluded Service. Oakdale of La Mesa shall not be responsible for furnishing or paying for any health care or other items or services not expressly included in this Agreement, including, but not limited to home health, hospice, physician services, nursing services, surgery, hospital care, treatment or examination of eyes or teeth, medications, vitamins, eyeglasses, contact lenses, hearing aides, orthopedic appliances, prosthetic devices, medical supplies, incontinence products, laboratory tests and x-ray services. You are responsible for paying for any of these items and services.

Excluded Service. InTouch Receipting is not obligated to provide service under the Agreement for service necessitated by vandalism, theft, misuse, hardware malfunction, Client neglect, acts of third parties, fire, water, casualty, act of God, mob violence, labor disputes, malfunction of affiliated equipment, unauthorized modification of the Software, electrical failure, accidents, climatic conditions, or from other causes unrelated to the ordinary operation of the Software. InTouch excludes services to protect data, data transmission, and data access by unauthorized persons by any methods including software with malicious intent. This Agreement is void if service is performed on the Software by unauthorized individuals, or if attempts are made to modify the Software or use the Software in a manner not set out in the instruction manual or license agreement. Should it be necessary to perform services outlined in this Agreement at the Client's site, Client shall be responsible for reasonable actual out-of-pocket expenses incurred in travel.

Excluded Service. The following services are specifically excluded from coverage under the stated maintenance charges, and if such services are performed shall be charged (labor, parts and travel-related expenses) to Customer at ST's prevailing prices and hourly rates (portal-to-portal) with a minimum charge of two (2) hours per call. 5.1 Electrical work external to Equipment or maintenance of accessories, attachments or other devices not listed on the Maintenance Schedule. 5.2 Repair of equipment damage or increase in service time due to misuse, accident, modifications, unsuitable physical or operating environment including failure to provide adequate electrical power, temperature or humidity control, or improper service by someone other than ST. 5.3 ST will not be liable or responsible for the cost of any service and/or parts replacement resulting from fraud, tampering, latent defects, the use of paper or ink not supported by the printer manufacturer, or the use of counterfeit components, assemblies and modules, including but not limited to memory cards, boards and re- manufactured consumables. 5.4 Accessories or certain parts, such as missing parts, supplies, such as labels, or those items identified by the manufacturer as Customer's responsibility. This includes damages or down time associated with the usage, non-usage or misusage of the above mentioned accessories or parts. 5.5 Equipment relocation services, systems engineering services, programming, reinstallation of Customer's operating system or application software, or operational procedures of any sorts. 5.6 Routine cleaning or lubrication and set-up as described in the operations manual published by the Equipment manufacturer. 5.7 Any necessary major refurbishment or overhauling of the Equipment which is needed after four (4) years of normal Equipment use. 5.8 The repair and/or replacement of toner cartridges, developers, chargers, fusers, ribbons, print bands or consumable supplies as defined by the manufacturer. 5.9 Damages due to causes external to the printer, including but not limited to fire, flood, wind and lightning.