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government agency which may be required for specific applications or installations shall be the <br />sole responsibility of the WSP. WaveRider declines any responsibility whatsoever for failure of <br />WSP to ensure the compliance of Products in connection with any legal requirements which may <br />be imposed by any level of government in the United States, other than FCC approval and <br />licensure as specified herein. <br />4.4 WSP's service and support policies and procedures shall at all times meet the reasonable <br />standards of WaveRider. WSP acknowledges that it is responsible for all direct interaction with <br />its end user customers. To this end, WSP will provide end user support, including but not limited <br />to: provision of installation services, including site surveys, link path analysis and other <br />appropriate installation services; telephone hot-line, field service or other appropriate technical <br />support; and, maintenance of sufficient spare units to provide replacement of defective units <br />under WaveRider's warranty program. <br />5. WSP PURCHASE ORDERS <br />5.1 Orders accepted by WaveRider may be changed or canceled only with WaveRider's written <br />consent and subject to WaveRider's right to charge WSP reasonable costs based on expenses <br />already incurred and commitments made by WaveRider. In no event may WSP cancel any order <br />or portion thereof after shipment of the Products. <br />5.2 WaveRider shall have an obligation to accept WSP's purchase orders that conform to the terms <br />and requirements of this Agreement provided WSP is not in arrears on payments due to <br />WaveRider and, further provided, WSP is not otherwise in breach of any other terms or <br />conditions of this Agreement at the time of scheduled shipment. <br />6. DELIVERY/SECURITY INTEREST <br />6.1 Delivery will be made on a Free Carrier ("FCA") basis from WaveRider's manufacturing <br />facility. Delivery schedules are approxirriate and based on conditions at the time of acceptance. <br />WaveRider reserves the right to make partial shipments and to submit invoices for partial <br />shipments. WaveRider will make every effort to complete shipments as indicated but assumes <br />no responsibility or liability for loss or damage by reason of delay or inability to ship caused by <br />acts of God, fires, floods, war, embargoes, labor disputes, acts of sabotage, riots, accidents, <br />delays of carriers, subcontractors or suppliers, voluntary or mandatory compliance with any <br />government act, regulation or request, shortage of labor, material or manufacturing facilities or <br />any other cause or causes beyond WaveRider's reasonable control. <br />7. PAYMENT TERMS <br />7.1 Terms of payment for Products ordered by WSP hereunder shall be paid thiriy (30) days from the <br />date of WaveRider's invoice. <br />7.2 Invoices not paid when due shall be subject to the Minnesota Governmental Prompt Payment <br />law. <br />90115 3 <br />