Res 1995-082 - Laserfiche WebLink

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. !':J'1{/ WILTEL Customer's failure to provide a suitable operating environment, failures or changes required resulting from the local exchange company, interexchange carrier, the power company, other transmission providers, unauthorized attachments or modification, or improper software i changes, wiring, installation, repair or alteration by persons unauthorized by WilTel or additions of hardware which exceed the software's specified capacity. WilTel may perform repairs necessitated by any excluded cause at Customer's request at WilTe~'s then prevailing rates. - e) Unless specified otherwise in a current Service Agreement or Service Addendum with WilTeI, WiITel will respond to requests to perfonn service during the Warranty Period and under any Service Addendum for any significant malfunction of the System, including station or trunk failure (Basic Service Plan) no later than 5:00 p.m. of WilTel' s next business day after receipt of notice from Customer requesting such service. WilTel will respond remotely or on-site as may be necessary to requests to perform service for a total system outage of the System (Emergency Service) within two (2) hours of receipt of notice from Customer requesting such service. Emergency Service will be provided only for System outage resulting in Customer's complete inability to: (i) receive all incoming calls; (ii) make all outside calls; (m) make all station-ta-station calls; or (iv) use the attendant console. Service calls made beyond WilTeI 's nonnaI working hours for both non-emergency and Emergency Service will be performed by i WiITel upon Customer request. Customer agrees to pay WiITeI, at WilTel' s then prevailing : rate, at a minimum increment of three (3) hours initially with subsequent increments of one-haIf (112) hour. Maintenance after the Warranty Period will be provided by WilTeI only under Service Addendum or a separate written Service Agreement. , 11) INDEMNIFICATION. i a) In consideration of the benefits received herein, WiITel specifically agrees to fully and completely indemnify, defend at its expense and hold harmless Customer, its officers, directors, employees, agents contractors, successors and\pr assigns from and against any and all claims, liabilities, costs, causes of action, Iosses~ judgments or damages for personal injury, death or damage to tangible physical property in any way arising out of or incidental to the perfonnance of any work or activities to the extent caused by the negligence of WilTel during delivery, installation or maintenance and which is reported to WilTel promptly in writing. Nothing herein shall create an obligation of WiITel to indemnify and hold harmless Customer from any claim, loss or liability resulting from the sole negligence of Customer. b) \VilTel shall defend and indemnify Customer against any claims or suits bròught against Customer based upon a claim of infringement of any United States patent arising out of the use of the System. A condition precedent to WilTel' s obligation stated above shall be that ! , Customer shall have fully complied with the requirements of this Agreement with respect to . f retention of, assignment of, and/or sublicense of the right to use the software. WiITeI shaH pay costs and damages in any such suit, provided WilTel is notified promptly in writing of the suit, Customer gives WilTel or its equipment supplier the sole right to defend and settle any - 5 - ,