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B. PRE-CONTRACT INSPECTION. Pre-contract time of system installation and make them available full time inspection is required for all equipment. except devices covered by for Remote Assistance provided by the CSC for the duration DGC warranty or maintained by DGC immediately before their of this Agreement. In addition, the Customer agrees to inclusion under this Agreement. Coverage for particular devices may permit DGC to utilize the Machine-Initiated function on be withheld or delayed if pre-contract inspection reveals that a systems equipped with this feature. Customer will also device is not the same device quoted or is in need of refurbishment, provide DGC with user-passwords necessary for system or if the lead time indicated. in the quotation for a cpr Product has access, comply with DGC requests to load diagnostic media, not expired. Customer agrees to pay DGC's charges for any required provide online system storage for DGC CoResident pre-contract inspection. No charge is made for pre-contract Diagnostics and PC-LAN remote access software. and assist inspection of CPP Products. DGC engineers in problem determination. 3. HOURS OF SERVICE C. PROPRIETARY TOOLS. DGC may store. diagnostic DGC will provide service during the Pdncipal Pel'iod of and operational maintenance software, modems, communicatinns Maintenance (PPM), which is a Customer-selected consecutive switches, cables and other DGC-proprietary hardware, software, nine-hour period between 8 A.M. and 6 P. M. Monday through documentation useful for maintaining equipment (Proprietary !tel Friday excluding locally-observed legal holidays. The Contracted at the Installation Location. Proprietary Items shall remain Period of Maintenance (CPM) is the PPM together with any exclusive property of DGC. A. copyright notice on any. Propriel_o) extended on-site coverage beyond the PPM purchased by Customer. Item does not of itself constitute or evidence a publication or public 4. SCOPE OF SERVICES disclosure. CUSTOMER ACKNOWLEDGES DGC'S EXCLUSIVE DGC will provide all parts and labor necessary to maintain the RIGHTS IN AND TO SUCH PROPRIETARY ITEMS, AND ALL UPDATES AND ADDITIONS THERETO. CUSTOMER equipment in good operating condition. Parts removed for AGREES (i) NOT TO COpy PROPRIETARY ITEMS, IN WHOLE replacement shallbe DGC's property. Replacement parts instaJled OR IN PART; (ii) TO RESERVE PROPRIETARY ITEMS FOR by DGC shall be Customer's property, and shall be new or USE ONLY ON COVERED EQUIPMENT AND ONLY BY DGC func1ionally equivalent to new standard parts. OR, WHEN AUTHORIZED BY DGC, BY THE CUSTOMER; (iii) A. ON-SITE SERVICE. DGC will provide remedial NOT TO DISCLOSE OR MAKE PROPRIETARY ITEMS maintenance on-site during the CPM. DGC WIll provide AVAILABLE TO ANY THIRD PARTY; (iv) TO RETAIN ONLY scheduled maintenance, appropriate to the equipment Iype, on THE MOST CURRENT REVISION OF DIAGNOSTIC site during the PPM at the intervals specified in DGC's policy. SOFTWARE AND RETURN ALL PRIOR REVISIONS TO DGC Scheduled maintenance may be performed concurrently Wilh UPON RECEIPT OF AN UPDATE; AND (v) TO RETURN ALL remedial maintenance. Customer shall give DGC free access to the PROPRIETARY ITEMS TO DGC UPON TERMINATION OF covered equipment, working space in accordance with DGC sHe THIS AGREEMENT. specifications, adequate facilities near the equipment . and use of any 5. TERM OF AGREEMENT machines, altachments, features, user ports or other materials necessary for maintenance services. Customer may. at any lime The Initial Term of this Agreement shall be as noted above but not during the term of this Agreement and upon 60 days written notice to less than one (1) year nor greater than sixty (60) months. After the DGC, change the level of service response. Initial Term, this Agreement shall continue in force until terminated i. 4-Hour Response. DGC will normally arrive within the by either. party upon sixty (60) days written notice; but if the Customer has had the benefit of multiyear discounts under Paragraph next four CPM hours following Customer's request for 6.C, termination by the Customer after the Initial Term shall require remedial maintenance if the Installation Location is within at least one hundred eighty (ISO) days written notice. fifty miles of a DGC Service Center. Customer agrees to provide a purchase document confirming its commitment to pay all amounts coming due during the entire Initial ii. 24-Hour Next Day Response. Customer may select a Term and any extension. 24-hour response in lieu of normal A-hour response, by 6. CHARGES marking the Optional (24-Hour) Next Day Response box on the cover page, for equipment which is eligible under DGC's A. The Basic Monthly Cha'ge (BMC) is the sum of policy and is within fifty miles from a DGC Service Center. monthly charges for on-site maintenance of all of the Sys V"'hile the 24-hour response remains in effect, Customer will components, exclusive of all applicable surcharges and discounts. receive DGC'sdiscounted 24-hour rate/price structure. The Total Monthly Charge (TMC) is the sum of the BMC plus any charges for extended coverage and other applicable surcharges B. REMOTE DIAGj'.;OSTIC SERVICE. DGC may and discounts. The invoice period shall be monthly in advance proceed directly with em-site service in any instance, but. will unless the TMC is less than $1,000 per month, in which case the normally attempt remote diagnosis and repair first, through ils invoice period shall be quarterly in advance. Customer Support Center (CSC), as follows: B. The Basic Monthly Charge in effect when this Agreement is i. Phone Assistance (voice only), Customer agrees to made shall remain in effect for the entire l.nitial Term, except for changes necessary to reflect additions to and deletions from the execute DGC proprietary diagnostics where applicable covered equipment as provided in the section entitled" Changes in (normally DGC Desktop and PC products) and report the Equipment" and except for. increases permitted by paragraph C of output to CSC by telephone to help the CSC identify the this section. After the Initial Term DGC shall have the right to problem before service personnel are dispatched to the site. increase the BMC to an amount no greater than the BMC calculated at DGC's then current prices. DGC shall give Customer written ìi. Remote Asslst<lm.:c (voIce and on-line). Remote notice of the increase at least sixty (60) days before its effective diagnostic service does not apply to standalone PC-type date. Systems, but is mandatory for PC-LAN Systems. The Customer shall provide the necessary on-site modem for C. MULTIYEAR. If the Initial Term of this Agreement is at PC-LAN systems. For any other System type, unless remote least 36 months long, DGC will grant a discount of 5% of the BMC diagnostic service is waived as marked on the cover page, for the thirteenth (13th) through the twenty-fourth (24th) months, Customer agrees to provide a dedicated 1MB (measured and 10% of the BMC for the remainder oLthe Initial'Term. If the business) telephone line and an RJ41S data wall jack at the Consumer Price Index (CPI), as reported in the Wall Street Journal