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renew Support Services (if allowed by Eka Systems), Customer must first pay Eka Systems (i) the <br />annual Support Services fee and (ii) a reinstatement charge equal to twenty percent (20 percent) of <br />the Support Services fee. <br />4. TERM AND TERMINATION <br />The "Term" of this Warranty and Support Agreement shall be for the length of the last to expire <br />warranty period set forth in section 7 below. Support Services shall be provided to Customer free <br />of charge for two (2) years from the date of installation of the last installed Eka-enabled electric <br />meter. Subsequent Support Services shall be provided to Customer per the payments set forth in <br />section 3 Fees and Payment above for the Term, subject to the cancellation and default terms of this <br />Warranty and Support Agreement. <br />5. ERROR PRIORITY LEVELS <br />Eka Systems shall exercise commercially reasonable efforts to correct any Error reported by <br />Customer in the then-current unmodified release of SOFTWARE in accordance with the priority <br />level reasonably assigned to such Error by Eka Systems. <br />(a) Critical Errors <br />Priority: 1 <br />Example Characteristics: <br />Product network is completely down or performance severely degraded, causing critical impact to <br />the business operations if the network is not restored quickly. No Work-around exists. Call Back <br />Time: 2 hours (Monday -Friday 8 AM - 5 PM Eastern Time) <br />Response shall be as follows: <br />1. Assign Eka Systems support staff to correct the Error; <br />2. Notify Eka Systems management that such Errors have been reported and the steps being taken <br />to correct such Error(s); <br />3. Provide Customer with periodic reports on the status of the corrections; and <br />4. Initiate work to provide Customer with aWork-around or Fix. <br />(b) Serious Errors <br />Priority: 2 <br />Example Characteristics: <br />Product network is degraded. The degradation in network performance is impacting significant <br />aspects of the business operations. AWork-around exists to bring the network back online. Call <br />Back Time: 6 hours (Monday -Friday 8 AM-5 PM Eastern Time) <br />Response shall be as follows: <br />I. Provide existing fix to Customer. <br />2. Eka Systems shall exercise commercially reasonable efforts to include the Fix for the Error in the <br />next regular SOFTWARE maintenance release. <br />6. EXCLUSIONS <br />Eka Systems shall have no obligation to support: <br />(a) Altered or modified SOFTWARE or any portion of the SOFTWARE incorporated with or into <br />other software <br />Advanced Metering Infrastructure Agreement Page 31 <br />