Res 1997-092 - Laserfiche WebLink

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J UI'i- \::]... '.1.-:;-:;. ( l~: \::]"( wlLII::.L 71..5 ..507 4090 P. 10/13 t{~ minimum increment of two (2) hours initially with subsequent increments of one-half (1h) hour. b) For the purposes of this Agreement and the Service Plan Attachment. "Emergency Service" refers 1:0 service for a major as any problem that results in the hardware tàílure of any component with is considered part of the Customer network backbone as listed on Attachment III of the Purchase AgreemenL The term "Non-Emergency Service" refers ro service required for all other outages. Response times for Emergency and Non-Emergency Service calls are set forth in Attachments I-A and I-B of the Purcluise Agreement. c) Maintenance service for hardware shall consist of furnishing all parts and labor necessary to maintain the System in good operating condition as a result of Customer's normal use. WilTel shall provide replacement parts on an exchange basis as a result of normal use. The replacement parts may be refurbished or contain refurbished materials. Any parts replaced by WilTel will become the property of WilTel. Customer have access to WilTel' s technical answering/dispatch service during the hours of the Service Period. Maintenance service for software will include provision of all maintenance releases and patches to correct performance of the software. d) Although not included in the Service Fee set forth in Section 3, maintenance service for the system also includes network alann monitoring and network engineering and design support as deraned in the Proposal. For the initial tenn of this Agreement, WilTe! agrees to provide such services as of the commencement date of the Agreement bur invoice Customer separately, in arrears an annual Additional Service Fee of $41,460 for the services set forth in this subsection, with the fust payment due and payable thirty (30) days after Acceptance or Ocrober 1, 1997, whichever is later. In each of the ren€wal terms, the Additional Service Fee will be added to the Service Fee and the combined fee will be due and payable in accordance with the tenns of section 3 of this Agreement. 6) THIS AGREEl\-ŒNT L"'lCL(JDES THE PROVISIONS SET FORTH ON A~~ A TT ACHMENTS. Customer acknowledges that it has received and reviewed this Agreement, including any and all documents referenced in it, understands it, and is bound by its terms. 7) ADDITIONS TO SYSTEl\;f a) New or relocated equipment added to thç System ("Additions") may be included in the service coverage provided by this Agreement only by v,rritten amendment to this Agreement; such amendment shall staœ the location of additional items of equipment quantity description. serial number and pan number and the necessary adjustment to the Service Fee, if any. The inspection and repair charges for such additional equipment shall be at the hourly service rates of \VilTel then in effect and Customer agrees to pay such charges. b) Any Additions performed by WilTel require a separate agreement between the parties such as an executed Quotation pertaining to the AddÜion. 8) EXCLUSIONS. WilTel maintenance service provided hereunder does nor include: (a) electrical work external to the System; (b) repair of damage resulting from accident, transportation, neglect or misuse, operation of the System outside the manufacrurer's envlronmentaJ specifications, failure of electrical power, air conditioning or humidity control or causes other than ordinary use; (c) furnishing supplies or accessories, painting or refinishing the System or furnishing mare rial therefore, making 3