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Page 2 <br /> • 7 . CHANGE OF CHARGES OR OTHER TERMS <br /> CMS, at its discretion, may change its standard Schedule of <br /> Charges upon 30 days prior written notice to Client . <br /> 8 . TARES/POSTAGE/SHIPPING CHARGES <br /> Client agrees to pay all sales taxes, direct .postage <br /> expenses and direct shipping charges related to the Client <br /> use of the services covered in this agreement. <br /> 9 . RULES OF OPERATION <br /> For the purpose of providing the most effective system, CMS <br /> may at any time , establish rules and procedures and/or <br /> change such rules and procedures already in effect , <br /> regarding accessibility periods , customer identification <br /> procedures., types of terminal equipment , system programming <br /> languages , storage organization and other operation <br /> procedures. <br /> In the event of an error in or loss of data resulting from <br /> use of the CMS computer system caused by ( 1 ) a defect in <br /> such system, (2 ) faulty or negligent operation of such <br /> system by any CMS employee, or (3 ) errors or omissions in <br /> system programming languages , computer subsystems and <br /> computer programs provided by CMS , Client will not be <br /> • charged for the amount of terminal connect time and central <br /> process time in processing such data . <br /> Except as .provided in paragraph above , CMS shall have no <br /> liability of any kind with respect to its performance or <br /> non-performance under this Agreement (1 ) -for breach of <br /> warranty , expressed or implied , ( including , without <br /> limitation, any warranties or mechantability or fitness) , <br /> ( 2 ) for negligence, ( 3 ) for losses or damanges arising out of <br /> the disclosure by CMS or its agents or employees to persons <br /> not associated with or authorized by CMS or Client of data <br /> or programs or other material transmitted by Client to CMS , <br /> (4) for damages resulting for inaccurate input data or <br /> inaccurate output results, or (5 ) for any damages resulting <br /> from causes beyond the reasonable control of CMS. In no <br /> event shall CMS be liable for any incidental or <br /> consequential damages . <br /> Client agrees to defend , indemnify, and hold harmless CMS , <br /> its employees or agents, from any liability or claims of any <br /> kind for any injury to the person or property of , or any <br /> loss , expense , or damage incurred by any employee, client or <br /> invitee of Client, or any other person or party (except <br /> agents or employees of CMS) however such injury , loss , <br /> expense , or damage arises if such injury , loss expense, or <br /> damage arises in any manner from the performance of CMS <br /> • pursuant to the Agreement . <br />