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<br />Servicf' Center Telephone No.
<br />1-8OC.DG-HELPS
<br />
<br />DG5J Agreement No. 4121 52
<br />40967
<br />
<br />048104-007
<br />
<br />Data General Service, Inc.
<br />A Subsidiary of Data General Corporation
<br />
<br />Customer No.
<br />
<br />Form 303
<br />Rey: 1/86
<br />013-103-04
<br />
<br />5.0. No.
<br />
<br />ON-CALL SERVICE AGREEMENT
<br />
<br />
<br />49857531
<br />
<br />Initial Term From
<br />
<br />9/15
<br />
<br />9/14
<br />
<br />19~To
<br />
<br />19~
<br />
<br />Principal Period of Maintenance (PP~)'
<br />Contracted Period of Maintenance (CPM)'
<br />Extended Period of Diagnosis (EPD)'
<br />Optional (24 Hour) Response (Ref. Paragraph 4.C.ii): Yes
<br />'Excluding Legal Holidays.
<br />
<br />INVOICE TO: (BUYER)
<br />:ity of San Marcus
<br />
<br />630 East Hopkins,
<br />
<br />San Marcus
<br />
<br />City Hall
<br />
<br />CITY
<br />
<br />STATE
<br />
<br />TX
<br />
<br />ZIP
<br />
<br />78666
<br />
<br />CONTACT
<br />TELEPHONE
<br />
<br />Ramona Brown
<br />
<br />512-353-4444
<br />
<br />X230
<br />
<br />auyer agrees to purchase and Data General Service Incorporated (DGS!) agrees to furnish,
<br />at the Installation Location specified above, maintenance service on the as installed
<br />equipment configuration shown on Schedule A (Form 303A), a copy of which will be
<br />furnished to Buyer atter installation. Such Schedule A is incorporated herein and made a
<br />part of this Agreement. For reference purposes only, fhe DGC/DGSI quotation attached
<br />hereto reflects a quoted (preliminary) equipment configuration. This quotation is subject
<br />to adjustment to reflect the actual equipment configuration shown on Schedule A, if
<br />different.
<br />1, EUGIBIUTY
<br />. Any System or Intelligent Workstation located within the 50 United States or District of
<br />Columbia, at the Installation Location specified above, is eligible for inclusion under this
<br />Agreement subject to the following:
<br />A. A System is defined as a combination of computer equipment supplied by Data
<br />.General Corporation (DGC) which is interconnected by power or signal. cables and
<br />connections, and which meets DGC's minimum equipment contiguration requirements,
<br />including without limitation: (i) a Central Processing Unit (CPU); (ii) minimum memory based
<br />on CPU type in accordance with then current DGSI policy; and (iii) a DGC terminal/console
<br />device or equivalent input/output device deemed acceptable by DGSI. All DGC supplied
<br />equipment at the Installation Location which comprises such System must be covered
<br />hereunder.
<br />B. An Intelligent Workstation is defined as a combination of computer equipment supplied
<br />y DGC W',th the minimum equipment configuration requirements defined under a System
<br />'aragraph 1.A above) which is enclosed in a single cabinet and identified in DGC's Price
<br />st as members of Discount Families 400 through 405.
<br />C. A System or Intelligent Workstation (both hereinafter referred to as the 'Equipment')
<br />)vered either under a DGC warranty or an existing DGSI Service Agreement immediately
<br />pnor to the effective date of this Agreement, is eligible for inclusion under this Agreement
<br />immediately upon expiration of such DGC Warranty or Service Agreement without a pre-
<br />contract inspection.
<br />D. Equipment covered under a DGC OEM Supplementary Warranty (Form 315) imme-
<br />diately prior to the effective date of this Agreement, is eligible for inclusion under this
<br />Agreement without a pre-contract inspection by DGSI if the Buyer has taken the' DGC
<br />OEM Supplementary Warranty consecutively with the DGC OEM Initial Warranty.
<br />E. Acceptance of all Equipment (except as provided in Paragraphs 1.C and 1.0 above)
<br />is subject to pre-contract inspection charges and refurbishment charges by DGSI.
<br />F. Acceptance of Equipment designated by DGC as customer installable and Equipment
<br />installed prior to execution of this Agreement, is subject to the receipt by DGSI of identifying
<br />documentation (e.g. DGC Acknowledgement Form) listing DGC model and, when applicable,
<br />serial numbers of all components of Equipment delivered to Buyer. If said documentatIon
<br />is not received by DGSI prior to the expiration of the applicable Equipment warranty
<br />penod, acceptance hereunder will be subject to Paragraph f.E above.
<br />2, TERM OF AGREEMENT
<br />The Initial Term of this Agreement will commence as noted above and shall be not
<br />less than ttiree months nor greater than twelve months. Thereafter, this Agreement shall
<br />continue unless terminated by either party, upon a minimum of sixty days prior written
<br />notice.
<br />3. PERIOD OF COVERAGE
<br />A. The standard period of coverage for on-site service, designated here as the Principal
<br />Period of Maintenance (PPM) , is any' consecutive nine hours, selected by the Buyer,
<br />between 8 A.M. and 6 P.M., Monday through Friday, excluding Legal holidays. Extended
<br />on-site coverage beyond the PPM is available ,to the Buyer in accordance with DGSl's
<br />then current policies and rates subject to DGSl's prior approval. The entire period of on-
<br />site coverage (standard and extended) shall be the same for all Equipment covered herein
<br />and shall be designated the Contracted Period of Maintenance (CPM).
<br />B. The standard period of coverage for Remote Diagnostic Service is the same as the
<br />CPM for on-site service. Extended Diagnostic Coverage beyond the CPM may be available
<br />to Buyer, depending on the Equipment type and in accordance with DGSl's then current
<br />policies and rates subject to DGSl's prior approval. The period of diagnostic support
<br />
<br />o~B?5. F~500
<br />-mmo = U5U 0
<br />
<br />Sat,:
<br />
<br />N/A
<br />
<br />Sun,:
<br />N/A
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />INSTALLATION LOCATION
<br />City of San Marcus
<br />
<br />401 East Hopkins
<br />
<br />San Marcus
<br />
<br />CITY
<br />
<br />STATE
<br />
<br />TX
<br />
<br />ZIP 78666
<br />
<br />CONTACT
<br />TELEPHONE
<br />
<br />outside the CPM shall be designated the Extended Period of Diagnosis (EPD).
<br />4. SCOPE OF SERVICES
<br />A. REMOTE DIAGNOSTIC SERVICE. DGSI endeavors to diagnose Equipment taì\ures
<br />prior to providing on-site service but reserves the right, when appropriate, to provide on-
<br />site service as the sole service resource under this Agreement. When the Equipment listed
<br />on Schedule A is serviced under Remote Diagnostic Service (Remote Assistance or Phone
<br />Assistance), as determined by then current DGSI policies, OGSI will use its best efforts
<br />to provide such service appropriate to the Equipment through the Customer Support
<br />Center (CSC), as follows
<br />i. REMOTE ASSISTANCE (voice and on-line) - DGSI, in Cooperation with Buyer, will
<br />employ the DGSI proprietary service technology and tools noted in Section 4.B to
<br />provide Remote Assistance utilizing voice and on-line connections, as appropriate. In
<br />connection therewith, Buyer agrees to: (a) provide, at its sole cost and expense and
<br />maintain in good working order, a 1MB (measured business) line and an RJ41S data
<br />wall iack. Buyer's items must be in place and operating no later than sixty (60) days
<br />from the Equipment installation date shown in Schedule A; (b) fully comply with and
<br />implement DGSl's then current procedures as established for Remote Diagnostic Service;
<br />(c) be responsive to requests to load diagnostic media and assist DGSI engineers in
<br />problem determination; and (d) upon execution of this Agreement, provide DGSI with
<br />valid user-passwords (and any changes thereto) necessary for Equipment access.
<br />,BUYER MUST COMPLETE THE FOLLOWING:
<br />~ System Software Load Device Model
<br />(Tape drive or diskette drive)
<br />User Port Communications Interface
<br />(RS-232, Current Loop, RS-422)
<br />. Ii. PHONE ASSISTANCE (voice only) - DGSI, in cooperation with Bu. yer, will employ the
<br />DGSI proprietary service technology and tools noted in Section 4 B to provide Phone
<br />Assistance, utilizing voice connections, as appropriate. In connection therewith, Buyer
<br />agrees to: (a) execute the DGSI propnetary diagnostics prior to initiating a report of
<br />EquIpment failure and (b) assist the CSC in problem identification prior to the dispatch
<br />of on-site service.
<br />D BUYER HEREBY ELECTS TO WAIVE USE OF THE ABOVE REMOTE DIAGNOSTIC
<br />SERVICE AND AGREES TO PAY DGSI A TWENTY PER CENT (20%) MONTHLY
<br />SURCHARGE BASED ON THE BASIC MONTHLY CHARGE FOR THE FULL TERM
<br />OF THIS AGREEMENT.
<br />B. PROPRIETARY SERVICES. During the term of this Agreement, DGSI will install and
<br />maintain, at the Installation Location, DGSI proprietary hardware, software and related
<br />documentation (hereinafter "Proprietary Items") which are the exclusive property of DGSI
<br />and DGC, as appropnate to the Equipment. A copyright notice on any Proprietary Item
<br />by itself does not constitute or evidence a publication or public disclosure. Such Proprietary
<br />Items may inetude but not be limited to the following: Communications Switch, modem,
<br />cables, diagnostics and operational maintenance software. Buyer agrees to implement
<br />DGSl's then current diagnostic programs by utilizing such programs on media specified
<br />by DGSI. DGC Equipment diagnostics and documentation are included with DESKTOP
<br />GENERATION Computer Systems and Intelligent Workstations when such Equipment is
<br />sold by DGC.
<br />BUYER RECOGNIZES AND ACKNOWLEDGES THE EXCLUSIVE RIGHTS OF DGSI IN AND
<br />TO THE ABOVE PROPRIETARY ITEMS AND ALL RELATED DOCUMENTATION, INCLUDING
<br />ALL MODIFICATIONS, UPDATES, ENHANCEMENTS, ETC. ACCOROINGL Y, BUYER AGREES:
<br />(i) TO RESERVE THE PROPRIETARY ITEMS FOR THE EXCLUSIVE USE OF OGSI AND!
<br />OR BUYER UNDER THIS AGREEMENT; (ii) NOT TO COpy THE PROPRIETARY ITEMS, IN
<br />WHOLE OR IN PART; (iii) NOT TO DISCLOSE OR MAKE AVAILABLE TO ANY THIRD
<br />PARTY THE PROPRIETARY ITEMS, NOR USE THEM FOR ANY PURPOSE EXCEPT AS
<br />SPEÇIFICALL Y AUTHORIZED BY THIS AGREEMENT: (IV) TO RETAIN ONLY THE MOST
<br />CURRENT REVISION OF DIAGNOSTICS AND RETURN ALL OUTDATED REVISIONS TO
<br />DGSI UPON RECEIPT OF AN UPDATE; AND (v) TO RETURN ALL THE PROPRIETARY
<br />ITEMS TO DGSI UPON EXPIRATION OR CANCELLATION/TERMINATION OF THIS AGREE-
<br />MENT.
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