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RFP 211 -037 The successful Proponent is responsible for any costs incurred by the City in an attempt to enforce these terms, including court costs and attorney fees. L. SYSTEM FAILURES: The successful Proponent will notify the City periodically concerning the status of all phases of system repair. The successful Proponent will provide a system certified technician (the "technician ") for all system failures defined below. If the technician is required to leave the City site for any period prior to completion of repair, the technician will inform the City of the reason for departure and the estimated time of return. If the technician is delayed in returning, the technician will notify the City of a new estimated time of return. The following outlines the guidelines, procedures, and definitions required in the event of system failures: 1. Maior Svstem Failure: a. A major system failure is defined as any of the following: 1. Inability to process incoming or outgoing public network calls, i.e. local, DID, or long distance services. 2. Repetitive calls for recurring minor system problems. b. If a major system failure occurs, the successful Proponent will respond and correct the failure as follows: 1. The successful Proponent will provide an onsite technician within four (4) hours of its receiving a failure notification. The successful Proponent will initiate the correction of the failure within four (4) hours after the arrival of its technician. The successful Proponent will ensure that the system is functional within twenty -four (24) hours from the initial notification of a system failure. In the event the technician is unable to remedy the failure, the successful Proponent will notify the City of the status. The successful Proponent will provide the City with an estimated timeframe for the correction of the failure and it is the City's decision whether to accept the estimated timeframe provided or solicit alternative solutions from the successful Proponent. The successful Proponent will provide the City with hourly status updates until the failure is corrected. 2. The successful Proponent will immediately inform the City of corrective actions taken. c. The successful Proponent will replace any component found defective with a new component within twenty -four (24) hours. 2. Minor Svstem Failure: A minor system failure is any system failure not described above as a major system failure. If a minor system failure occurs, the successful Proponent will respond correct the failure as follows: 7