Common use of Emergency Technical Assistance Clause in Contracts

Emergency Technical Assistance. (a) When a prob- lem is encountered that adversely affects service or performance with respect to the Products, any PCS System and/or PCS Sub-System, the System or any part thereof, in each case provided by the Vendor, an Owner maintenance techni- cian will attempt to repair or replace any malfunctioning Product adversely affecting such service or performance using the procedures recommended in the Maintenance and Instruction Manuals or the Operating Manuals. If unsuccess- ful, a technical representative of the Owner will consult the Vendor's desig- nated ETA group at the telephone number provided by the Vendor in subsection 2.26.3(c) below. Following receipt of notification by the ETA group, the ETA group will utilize all available technical resources and will ensure that a qualified technical engineer is communicating with the Owner's personnel regarding the problem on average within fifteen (15) minutes of any such noti- fication; provided that no single response will exceed thirty (30) minutes. If necessary and appropriate the Owner's technician will be dispatched to assist in the normal change-out of replaceable hardware units. (b) A problem adversely affecting service that has a severity level defined below either as an "E1 Emergency Condition" or an "E2 Emergency Condition" is to be addressed under the ETA procedures set forth below in this subsection 2.26.3 and in subsection 2.26. (i) An E1 Emergency Condition (this roughly corresponds to a Critical Condition in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]. The Vendor must clear all E1 Emergency Conditions within twelve (12) hours of notification of their occurrence. Work must continue without any cessation until the defect causing the E1 Emergency Condition is solved or the severity thereof is reduced to a "P1 Major Condition", as defined below, or less. (ii) An E2 Emergency Condition (this roughly corresponds to Severity 1 Conditions in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]. The Vendor must clear all E2 Emergency Conditions within twenty-four (24) hours of notification of such E2 Emergency Conditions. Work must continue without any cessation until the defect causing the E2 Emergency Condition is solved or the severity is reduced to a P1 Major Condition or less. (c) In the event that an E1 Emergency Condition or an E2 Emergency Condition should remain unresolved following referral to the Vendor. by the Owner, the problem causing such condition must be reported to the levels of management set forth below (with comparable titles, if different) to ensure all available resources necessary to address the problem will be committed in accordance with the following: The following are the reporting levels if an E1 Emergency Condition or an E2 Emergency Condition is not resolved within the time periods set forth below, as amended from time to time with the reasonable acceptance of the Owner, following referral thereof to the Vendor by the Owner: Vendor Contact Vendor Contact Name Telephone Number One hour -- Technical Assistance Mgr. to be designated to be designated Two hours -- Customer Service Director to be designated to be designated Three hours -- Customer Service AVP X.X. Xxxxxxx (000) 000-0000 Four hours -- Vice President X.X. Xxxxxxxxx to be designated (d) If the Owner reasonably determines that the Vendor has not provided sufficient ETA to resolve any E1 Emergency Condition or E2 Emergency Condition on a timely basis, the Owner will be entitled to withhold all payments with respect to the affected PCS System and/or PCS Sub-System then due or outstanding prior to the date of such determination until such time as adequate ETA is provided to the Owner to resolve such Emergency Condition. (e) If an E1 Emergency Condition or an E2 Emergency Condition exists in a PCS System and/or PCS Sub-System prior to Final Acceptance of such PCS System or PCS Sub-System, as the case may be, the Vendor will use all reasonable efforts to deliver to the Owner each Software Upgrade and each Equipment Upgrade developed by or on behalf of the Vendor to resolve any E1 Emergency Condition or E2 Emergency Condition within forty-eight (48) hours following completion of development of such Software Upgrades or availability of such Equipment Upgrades. (f) The term "Non-Emergency Services" includes providing to the Owner any requested technical assistance and support, remote monitoring and outage review consultation and the handling of CSRs.

Emergency Technical Assistance. (a) When a prob- lem is encountered that adversely affects service or performance with respect to the Products, any PCS System and/or PCS Sub-System, the System or any part thereof, in each case provided by the Vendor, an Owner maintenance techni- cian will attempt to repair or replace any malfunctioning Product adversely affecting such service or performance using the procedures recommended in the Maintenance and Instruction Manuals or the Operating Manuals. If unsuccess- ful, a technical representative of the Owner will consult the Vendor's desig- nated ETA group at the telephone number provided by the Vendor in subsection 2.26.3(c) below. Following receipt of notification by the ETA group, the ETA group will utilize all available technical resources and will ensure that a qualified technical engineer is communicating with the Owner's personnel regarding the problem on average within fifteen (15) minutes of any such noti- fication; provided that no single response will exceed thirty (30) minutes. If necessary and appropriate the Owner's technician will be dispatched to assist in the normal change-out of replaceable hardware units. (b) A problem adversely affecting service that has a severity level defined below either as an "E1 Emergency Condition" or an "E2 Emergency Condition" is to be addressed under the ETA procedures set forth below in this subsection 2.26.3 and in subsection 2.26. (i) An E1 Emergency Condition (this roughly corresponds to a Critical Condition in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]- Any system-initiated event or unplanned manual restart (warm, cold, reload or image) which causes a system loss of all call processing capability for more than thirty (30) seconds. Manual restarts with twenty-four (24) hour notice would be planned. - Useable billing data not being collected. - Two (2) or more contiguous BTSs failing causing a loss of coverage. - Ten percent (10%) or more of the total number of voice trunks (BTS and switch) are out-of-service. - Ten percent (10%) or more of the total number of any links (including IS-41, ISUP, X.25 and SS7 are out of service. - Total loss of access to one or more specific services because of a fault condition in the MSC and related Equipment. - Any BTS having a total failure in excess of thirty (30) minutes after recovery attempts from the OMP are executed. The Vendor must clear all E1 Emergency Conditions within twelve (12) hours of notification of their occurrence. Work must continue without any cessation until the defect causing the E1 Emergency Condition is solved or the severity thereof is reduced to a "P1 Major Condition", as defined below, or less. (ii) An E2 Emergency Condition (this roughly corresponds to Severity 1 Conditions in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]- Loss of the duplex functionality for any equipment that is duplicated. - Single BTS failing less than thirty (30) minutes that is not contiguous with another failed BTS. - Loss of the master clock. - Fifty percent (50%) or more of the equipped tape or disk drive units out-of-service. - Loss of duplex recording of billing information. - Inability to dump or initialize an office image (e.g., translations and/or software). - Inability to perform critical maintenance procedures. - Loss of all links within a single link-set. The Vendor must clear all E2 Emergency Conditions within twenty-four (24) hours of notification of such E2 Emergency Conditions. Work must continue without any cessation until the defect causing the E2 Emergency Condition is solved or the severity is reduced to a P1 Major Condition or less. (c) In the event that an E1 Emergency Condition or an E2 Emergency Condition should remain unresolved following referral to the Vendor. by the Owner, the problem causing such condition must be reported to the levels of management set forth below (with comparable titles, if different) to ensure all available resources necessary to address the problem will be committed in accordance with the following: The following are the reporting levels if an E1 Emergency Condition or an E2 Emergency Condition is not resolved within the time periods set forth below, as amended from time to time with the reasonable acceptance of the Owner, following referral thereof to the Vendor by the Owner: Vendor Contact Vendor Contact Name Telephone Number One hour -- Technical Assistance Mgr. to be designated to be designated Two hours -- Customer Service Director to be designated to be designated Three hours -- Customer Service AVP X.X. Xxxxxxx (000) 000-0000 Four hours -- Vice President X.X. Xxxxxxxxx to be designated (d) If the Owner reasonably determines that the Vendor has not provided sufficient ETA to resolve any E1 Emergency Condition or E2 Emergency Condition on a timely basis, the Owner will be entitled to withhold all payments with respect to the affected PCS System and/or PCS Sub-System then due or outstanding prior to the date of such determination until such time as adequate ETA is provided to the Owner to resolve such Emergency Condition. (e) If an E1 Emergency Condition or an E2 Emergency Condition exists in a PCS System and/or PCS Sub-System prior to Final Acceptance of such PCS System or PCS Sub-System, as the case may be, the Vendor will use all reasonable efforts to deliver to the Owner each Software Upgrade and each Equipment Upgrade developed by or on behalf of the Vendor to resolve any E1 Emergency Condition or E2 Emergency Condition within forty-eight (48) hours following completion of development of such Software Upgrades or availability of such Equipment Upgrades. (f) The term "Non-Emergency Services" includes providing to the Owner any requested technical assistance and support, remote monitoring and outage review consultation and the handling of CSRs.

Emergency Technical Assistance. ETA"). (a) When a prob- lem problem is -------------------------------------- encountered that adversely affects service or performance with respect to the Products, any PCS System and/or PCS Sub-System, the System or any part thereof, in each case provided by the Vendor, an Owner maintenance techni- cian technician will attempt to repair or replace any malfunctioning Product adversely affecting such service or performance using the procedures recommended in the Maintenance and Instruction Manuals or the Operating Manuals. If unsuccess- fulunsuccessful, a technical representative of the Owner will consult the Vendor's desig- nated designated ETA group at the telephone number provided by the Vendor in subsection 2.26.3(c) below. Following receipt of notification by the ETA group, the ETA group will utilize all available technical resources and will ensure that a qualified technical engineer is communicating with the Owner's personnel regarding the problem on average within fifteen (15) minutes of any such noti- ficationnotification; provided that no single response will exceed thirty -------- ---- (30) minutes. If necessary and appropriate the Owner's technician will be dispatched to assist in the normal change-out of replaceable hardware units. (b) A problem adversely affecting service that has a severity level defined below either as an "E1 Emergency Condition" or an "E2 Emergency Condition" is to be addressed under the ETA procedures set forth below in this subsection 2.26.3 and in subsection 2.26. (i) An E1 Emergency Condition (this roughly corresponds to a Critical Condition in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]- Any system-initiated event or unplanned manual restart (warm, cold, reload or image) which causes a system loss of all call processing capability for more than thirty (30) seconds. Manual restarts with twenty-four (24) hour notice would be planned. - Useable billing data not being collected. - Two(2) or more contiguous BTSs failing causing a loss of coverage. - Ten percent (10%) or more of the total number of voice trunks (BTS and switch) are out-of-service. - Ten percent (10%) or more of the total number of any links (including IS-41, ISUP, X.25 and SS7) are out of service. - Total loss of access to one or more specific services because of a fault condition in the MSC and related Equipment. - Any BTS having a total failure in excess of thirty (30) minutes after recovery attempts from the OMP are executed. The Vendor must clear all E1 Emergency Conditions within twelve (12) hours of notification of their occurrence. Work must continue without any cessation until the defect causing the E1 Emergency Condition is solved or the severity thereof is reduced to a "P1 Major Condition", as defined below, or less. (ii) An E2 Emergency Condition (this roughly corresponds to Severity 1 Conditions in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]- Loss of duplex functionality for any equipment that is duplicated. - Single BTS failing less than thirty (30) minutes that is not contiguous with another failed BTS. - Loss of the master clock. - Fifty percent (50%) or more of the equipped tape or disk drive units out-of-service. - Loss of duplex recording of billing information. - Inability to dump or initialize an office image (e.g. translations and/ or software). - Inability to perform critical maintenance procedures. - Loss of all links within a single link-set. The Vendor must clear all E2 Emergency Conditions within twenty-four (24) hours of notification of such E2 Emergency Conditions. Work must continue without any cessation until the defect causing the E2 Emergency Condition is solved or the severity is reduced to a P1 Major Condition or less. (c) In the event that an E1 Emergency Condition or an E2 Emergency Condition should remain unresolved following referral to the Vendor. Vendor by the Owner, the problem causing such condition must be reported to the levels of management set forth below (with comparable titles, if different) to ensure all available resources necessary to address the problem will be committed in accordance with the following: The following are the reporting levels if an E1 Emergency Condition or an E2 Emergency Condition is not resolved within the time periods set forth below, below as amended from time to time with the reasonable acceptance of the Owner, Owner following referral thereof to the Vendor by the Owner: Vendor Contact Vendor Contact Name Telephone Number ------------------------- ------------------- ---------------- One hour -- - Technical Assistance Mgr. to be designated to be designated Two hours -- - Customer Service Director to be designated to be designated Three hours -- - Customer Service AVP X.X. Xxxxxxx (000) 000-0000 Four hours -- - Vice President X.X. Xxxxxxxxx to be designated (d) If the Owner reasonably determines that the Vendor has not provided sufficient ETA to resolve any E1 Emergency Condition or E2 Emergency Condition on a timely basis, the Owner will be entitled to withhold all payments with respect to the affected PCS System and/or PCS Sub-System then due or outstanding prior to the date of such determination until such time as adequate ETA is provided to the Owner to resolve such Emergency Condition. (e) If an E1 Emergency Condition or an E2 Emergency Condition exists in a PCS System and/or PCS Sub-System prior to Final Acceptance of such PCS System or PCS Sub-System, as the case may be, the Vendor will use all reasonable efforts to deliver to the Owner each Software Upgrade and each Equipment Upgrade developed by or on behalf of the Vendor to resolve any E1 Emergency Condition or E2 Emergency Condition within forty-eight (48) hours following completion of development of such Software Upgrades or availability of such Equipment Upgrades. (f) The term "Non-Emergency Services" Services includes providing to the Owner any requested technical assistance and support, remote monitoring and outage review consultation and the handling of CSRs. (g) Technical assistance and support must be provided for the purpose of resolving non-emergency problems defined below as "P1 Major Condition", "P2 Significant Problem" and "P3 Minor Problem" which are reported to the Vendor.

Emergency Technical Assistance. (a) When a prob- lem problem is ------------------------------ encountered that which adversely affects service or and/or performance with respect to the Products, any PCS System and/or PCS Sub-System, the System or and/or any part thereof, in each case provided by the Vendor, an Owner maintenance techni- cian technician will attempt to repair or replace any malfunctioning Product adversely affecting such service or and/or performance using the procedures recommended in the Maintenance and Instruction Manuals or and/or the Operating Manuals. If unsuccess- fulunsuccessful, a an Owner technical representative of the Owner will consult the Vendor's desig- nated designated ETA group at the telephone number provided by the Vendor in subsection 2.26.3(c) below. Following receipt of notification by the ETA group, the ETA group will utilize all available technical resources and will ensure that a qualified technical engineer is communicating with the Owner's personnel regarding the problem on average within fifteen (15) minutes of any such noti- fication; provided that no single response will exceed thirty (30) minutes. If necessary and appropriate the Owner's technician will be dispatched to assist in the normal change-out of replaceable hardware unitsnotification. (b) A problem adversely affecting service that has a severity level defined below either as an "E1 Emergency Condition" or an "E2 Emergency Condition" is to be addressed under the ETA procedures set forth below in this subsection 2.26.3 and in subsection 2.26. (i) An E1 Emergency Condition (this roughly corresponds to a Critical Condition in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]- An event including loss of origination and termination capability in all terminations for a period longer than thirty (30)seconds. - Any system-initiated or unplanned manual restart (warm, cold, reload, or image) which causes a system loss of call processing capability for more than thirty (30) seconds. Manual restarts with twenty-four (24) hour notice would be planned. - Useable billing data not being collected. - Two (2) or more contiguous BTSs failing causing a loss of coverage. - Ten percent (10%) or more of the total number of trunks are out-of-service, where the disrupted traffic demand exceeds the alternate routing capability. - A one-hundred percent (100%) trunk group failure disrupting connections between any switching offices, where the disrupted traffic demand exceeds the alternate routing capability. - IS41 networking failures, isolation of the MSC and related Equipment from the rest of the network. - Common channel signaling system networking failures, isolation of the MSC and related Equipment from the rest of the network. - Total loss of access to a specific service, total loss of access to one or more specific services because of a fault conditions in the MSC and related Equipment. - Any BTS having a hard failure in excess of thirty (30) minutes. The Vendor must clear all E1 El Emergency Conditions within twelve (12) hours of notification of their occurrence. Work must continue without any cessation until the defect causing the E1 Emergency Condition is solved or the severity thereof is reduced to a "P1 Major Condition", as defined below, or less. (ii) An E2 Emergency Condition (this roughly corresponds to Severity 1 Conditions in the Vendor's ISO 9001 documentation) means a problem resulting from any one or more of the following events: o [ ]. The Vendor must clear all E2 Emergency Conditions within twenty-four (24) hours of notification of such E2 Emergency Conditions. Work must continue without any cessation until the defect causing the E2 Emergency Condition is solved or the severity is reduced to a P1 Major Condition or less. (c) In the event that an E1 Emergency Condition or an E2 Emergency Condition should remain unresolved following referral to the Vendor. by the Owner, the problem causing such condition must be reported to the levels of management set forth below (with comparable titles, if different) to ensure all available resources necessary to address the problem will be committed in accordance with the following: The following are the reporting levels if an E1 Emergency Condition or an E2 Emergency Condition is not resolved within the time periods set forth below, as amended from time to time with the reasonable acceptance of the Owner, following referral thereof to the Vendor by the Owner: Vendor Contact Vendor Contact Name Telephone Number One hour -- Technical Assistance Mgr. to be designated to be designated Two hours -- Customer Service Director to be designated to be designated Three hours -- Customer Service AVP X.X. Xxxxxxx (000) 000-0000 Four hours -- Vice President X.X. Xxxxxxxxx to be designated (d) If the Owner reasonably determines that the Vendor has not provided sufficient ETA to resolve any E1 Emergency Condition or E2 Emergency Condition on a timely basis, the Owner will be entitled to withhold all payments with respect to the affected PCS System and/or PCS Sub-System then due or outstanding prior to the date of such determination until such time as adequate ETA is provided to the Owner to resolve such Emergency Condition. (e) If an E1 Emergency Condition or an E2 Emergency Condition exists in a PCS System and/or PCS Sub-System prior to Final Acceptance of such PCS System or PCS Sub-System, as the case may be, the Vendor will use all reasonable efforts to deliver to the Owner each Software Upgrade and each Equipment Upgrade developed by or on behalf of the Vendor to resolve any E1 Emergency Condition or E2 Emergency Condition within forty-eight (48) hours following completion of development of such Software Upgrades or availability of such Equipment Upgrades. (f) The term "Non-Emergency Services" includes providing to the Owner any requested technical assistance and support, remote monitoring and outage review consultation and the handling of CSRs.