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)¿~ X t-f ¡ Ö/~I (LA ~ 122 Service Center Telephone No. Data General Service, Inc. ' DG 51 Agreement No. 4L:15: 1-800-DG-HELPS Customer No. 4G96ï A Subsidiary of Data General COl'pOl"ation- Form 303 048104-GO7 Rev: 1/86 5.0. No. 013-103-04 X Buyer P.O. No, ß:1l1.¡¿ ~ I lo.rY""j ON-CALL SERVICE AGREEMENT 49357531 9B3 (\: 00 85 Initiàl Term. From 9/15 19 B (3 To 9 /1 ,~ 1 9 ---..2..L Mon. - Fri.: Sat.: Sun.: Principal Period of Maintenance (PPM). OgOO osoa NIA NIA Contracted Period of Maintenance (CPM). OP(VL OSOO - - - - - - Extended Period of Diagnosis (EPD)' - - - - - - - - - ClQtional (24 Hour) Response (Ref. Paragraph 4.C.ii): Yes xcluding Legal Holidays. VOICE TO: (BUYER) INSTALLATION LOCATION city -F San Narcus City of San ~Iarcus 0.. 630 East Hopkins, City Hall 401 Eas.t Hopkins CITY Sa.!1 Marcus CITY San Marcus STATE TX ZIP 78666 STATE TX ZIP 78'556 CONTACT Ramona Brown CONTACT TELEPHONE C;12-V:;1-4444 X?10 TELEPHONE Buyer agrees to purchase and Data General Service Incorporated (DGSI) agrees to furnish, outside the CPM shall be designated the Extended Period of Diagnosis (EPD). at the Installation Location specified above, maintenance service on the as installed 4. SCOPE OF SERVICES equipment configuration shown on Schedule A (Form 303A), a copy of which will be A. REMOTE DIAGNOSTIC SERVICE. DGSI endeavors to diagnose Equipment failures furnished to Buyer after installation. Such Schedule A is incorporated herein and made a prior to providing on-site service but reserves the right, when appropriate, to provide on- part of this Agreement. For reference purposes only, the DGC/DGSI quotation attached site service as the sole service resource under this Agreement. When the Equipment listed hereto reflects a quoted (preliminary) equipment configuration. This quotation is subject on Schedule A is serviced under Remote Diagnostic Service (Remote Assistance or Phone to adjustment to reflect the actual equipment configuration shown on Scheduie A, it Assistance), as determined by then current DGSI policies, DGSI will use its best efforts different. to provide such service appropriate to the Equipment through the Customer Support 1. ELIGIBILITY Center (CSC), as follows: Any System or Intelligent Workstation located within the 50 United States or District of i. REMOTE ASSISTANCE (voice and on-line) - DGSI, in cooperation with Buyer, will Columbia, at the Installation Location specified above, is eligible for inclusion under this employ the DGSI proprietary service technology and tools noted in Section 4.B to Agreement subject to the following: provide Remote Assistance utilizing voice and on-line connections, as appropriate. In A. A System is defined as a combination of computer equipment supplied by Data connection therewith, Buyer agrees to: (a) provide, at its sole cost and expense and General Corporation (DGC) which Is interconnected by power or signal cables and maintain in good working order, a 1MB (measured business) line and an RJ41S data connections, and which meets DGC's minimum equipment configuration requirements, wall jack. Buyer's items must be in place and operating no later than sixty (60) days including without limitation: (i) a Central Processing Unit (CPU); (ii) minimum memory based from the Equipment installation date shown in Schedule A; (b) fully comply with and on CPU type in accordance with then current DGSI policy; and (iii) a DGC terminal! console implement DGSI's then current procedures as established for Remote Diagnostic Service; device or equivalent input! output device deemed acceptable by DGSI. All DGC supplied (c) be responsive to requests to load diagnostic media and assist DGSI engineers in equipment at the Installation Location which comprises such System must be covered problem determination; and (d) upon execution of this Agreement, provide DGSI with ~reunder. . ,valid user-passwords (and any changes thereto) necessary for Equipment access. B. An Intelligent Workstation is defined as a combination of computer equipment supplied \ \ BUYER MUST COMPLETE THE FOLL~<jn T Q.. ø ' DGC with the minimum equipment configuration requirements defined under a System System Software Load Device Model laragraph 1.A above) which is enclosed in a single cabinet and identified in DGC's Price 1 (Tape drive or diskette drive) ~<; d. ~ . st as members of Discount Families 400 through 405. User Port Communications Interface - d .~ C. A System or Intelligent Workstation (both hereinafter referred to as the "Equipment") . (RS-232, Current Loop, RS-422) covered either under a DGC warranty or an existing DGSI Service Agreement immediately ¡ ii. PHONE ASSISTANCE (voice only) - DGSI, in cooperation with Buyer, will employ the prior to the effective date of this Agreement, is eligible for inclusion under this Agreement' i DGSI proprietary service technology and tools noted in Section 4.B to provide Phone immediately upon expiration of such DGC Warranty or Service Agreement without a pre- Assistance, utilizing voice connections, as appropriate. In connection therewith, Buyer contract inspection. agrees to: (a) execute the DGSI proprietary diagnostics prior to initiating a report of D. Equipment covered under a DGC OEM Supplementary Warranty (Form 315) imme- Equipment failure and (b) assist the CSC in problem identification prior to the dispatch diately prior to the effective date of this Agreement, is eligible for inclusion under this of on-site service. Agreement without a pre-contract inspection by DGSI if the Buyer has taken the DGC 0 BUYER HEREBY ELECTS TO WAIVE USE OF THE ABOVE REMOTE DIAGNOSTIC OEM Supplementary Warranty consecutively with the DGC OEM Initial Warranty. SERVICE AND AGREES TO PAY DGSI A TWENTY PER CENT (20%) MONTHLY E. Acceptance of all Equipment (except as provided in Paragraphs j.C and 1.D above) SURCHARGE BASED ON THE BASIC MONTHLY CHARGE FOR THE FULL TERM is subject to pre-contract inspection charges and refurbishment charges by DGSI. OF THIS AGREEMENT F. Acceptance of Equipment designated by DGC as customer installable and Equipment B. PROPRIETARY SERVICES. During the term of this Agreement, DGSI will install and installed prior to execution of this Agreement, is subject to the receipt by DGSI of identifying maintain, at the Installation Location, DGSI proprietary hardware, software and related documentation (e.g. DGC Acknowledgement Form) listing DGC model and, when applicable, documentation (hereinafter "Proprietary Items') which are the exclusIve property of DGSI serial numbers of all components of Equipment delivered to Buyer. If said documentation and DGC, as appropriate to the Equipment. A copyright notice on any Proprietary Item is not received by DGSI prior to the expiration of the applicable Equipment warranty by itself does not constitute or evidence a publication or public disclosure. Such Proprietary period, acceptance hereunder will be subject to Paragraph 1.E above. Items may include but not be limited to the following: CommunIcations Switch, modem, 2. TERM OF AGREEMENT cables, diagnostics and operational maintenance software. Buyer agrees to implement The Initial Term of this Agreement will commence as noted above and shall be not DGSI's then current diagnostic programs by utilizing such programs on media specified less than three months nor greater than twelve months. Thereafter, this Agreement shall by DGSI. DGC Equipment diagnostics and documentation are included with DESKTOP continue unless terminated by either party, upon a minimum of sixty days prior written GENERATION Computer Systems and Intelligent Workstations when such Equipment is notice. sold by DGC. 3. PERIOD OF COVERAGE BUYER RECOGNIZES AND ACKNOWLEDGES THE EXCLUSIVE RIGHTS OF DGSIIN AND A. The standard period of coverage for on-site service, designated here as the Principal TO THE ABOVE PROPRIETARY ITEMS AND ALL RELATED DOCUMENTATION, INCLUDING Period of Maintenance (PPM), is any consecutive nine hours, selected by the Buyer, ALL MODIFICATIONS, UPDATES, ENHANCEMENTS, ETC. ACCORDINGLY, BUYER AGREES between 8 A.M. and 6 P.M., Monday through Friday, excluding Legal holidays. Extended (i) TO RESERVE THE PROPRIETARY ITEMS FOR THE EXCLUSIVE USE OF DGSI AND/ on-site coverage beyond the PPM is available to the Buyer in accordance with DGSI's OR BUYER UNDER THIS AGREEMENT; (ii) NOT TO COpy THE PROPRIETARY ITEMS, IN then current policies and rates subject to DGSI's prior approval. The entire period of on- WHOLE OR IN PART; (iii) NOT TO DISCLOSE OR MAKE AVAILABLE TO ANY THIRD site coverage (standard and extended) shall be the same for all Equipment covered herein PARTY THE PROPRIETARY ITEMS, NOR USE THEM FOR ANY PURPOSE EXCEPT AS and shall be designated the Contracted Period of Maintenance (CPM). SPECIFICALLY AUTHORIZED BY THIS AGREEMENT; (iv) TO RETAIN ONLY THE MOST B. The standard period of coverage for Remote Diagnostic Service is the same as the CURRENT REVISION OF DIAGNOSTICS AND RETURN ALL OUTDATED REVISIONS TO CPM for on-site service. Extended Diagnostic Coverage beyond the CPM may be available DGSI UPON RECEIPT OF AN UPDATE; AND (v) TO RETURN ALL THE PROPRIETARY to Buyer, depending on the Equipment type and in accordance with DGSI's then current ITEMS TO DGSI UPON EXPIRATION OR CANCELLATION/TERMINATION OF THIS AGREE- policies and rates subject to DGSl's prior approval. The period of diagnostic support MENT.