Common use of Non-Subscription Support Clause in Contracts

Non-Subscription Support. Even if Customer chooses not to subscribe to, or renew, a Service Program, Customer may still receive access to the TAC at the No Subscription, Flat Rate Repair Cost as published in Section 1 (and as may be changed pursuant to Section 3.5) and subject to scheduling/availability of Xenogen’s technical support personnel. Xenogen must receive full payment before any such service or repair by Xenogen authorized personnel is initiated. In the event Xenogen determines that there has been Misuse, abnormal conditions, unauthorized modification (e.g. unauthorized installation of hardware or software), unauthorized repair or servicing, neglect, abuse, accident or alteration of a Covered System or any use inconsistent with Covered System instruction manual, Customer shall pay for any travel, labor, shipping, decontamination, on-site service, material and actual repair costs in excess of the then-current No Subscription, Flat Rate Repair Cost, Xenogen may interrupt the operation of the Covered System to ensure such receipt of payment from the Customer.