Common use of ETA and CSR Clause in Contracts

ETA and CSR. In the event that emergency technical support provided from the Vendor's technical support center is not sufficient to resolve an E1 Emergency Condition, the Vendor must send a technically qualified person or persons to the site of such emergency condition or problem to assist the Owner's employees in solving such condition or problem. The Vendor's technically qualified person or persons must be on-site as soon as possible, but in no event more than twenty-four (24) hours after notification to the Vendor by the Owner, or at such later time as may be mutually agreed on by the Parties. In the event that emergency technical support provided from the Vendor's technical support center is not sufficient to resolve an E2 Emergency Condition, then the Parties will mutually agree to a desired course of action, which may include requiring the Vendor to send a technically qualified person or persons to the site of such emergency. A CSR may be submitted by the Owner to request a repair or work-around of an emergency condition or repair of a non-emergency problem, or to request a Software Upgrade or an Equipment Upgrade or other Software or Equipment operational enhancement. The Owner's CSRs will define the condition or problem and state whether the Owner considers the CSR to be for a Software Upgrade or an Equipment Upgrade or other Software or Equipment operational enhancement. Changes to the System, any PCS System or any PCS Sub-System resulting from any CSR must be fully tested and accepted in accordance with the Specifications. The Vendor must respond to the submission of a CSR by the Owner within five (5) Business Days, acknowledging receipt of the CSR. Within thirty (30) days of receipt of the CSR, the Vendor will respond to the CSR summarizing the Vendor's intended actions to handle the CSR. A CSR may result in System fixes or enhancements, or in Product modifications reasonably acceptable to the Owner. Notwithstanding the above, no event, lack of functionality or failure of the Test-bed Laboratory will be assigned as an E1 Emergency Condition or E2 Emergency Condition. Any such event, lack of functionality or failure applicable to the Test-bed Laboratory, which would otherwise be assigned such a category in accordance with the definitions above, will be assigned a P1 Major Condition.

ETA and CSR. In the event that emergency technical support ----------- provided from the Vendor's technical support center is not sufficient to resolve an E1 Emergency Condition, the Vendor must send a technically qualified person or persons to the site of such emergency condition or problem to assist the Owner's employees in solving such condition or problem. The Vendor's technically qualified person or persons must be on-site as soon as possible, but in no event more than twenty-four (24) hours after notification to the Vendor by the Owner, or at such later time as may be mutually agreed on by the Parties. In the event that emergency technical support provided from the Vendor's technical support center is not sufficient to resolve an E2 Emergency Condition, then the Parties will mutually agree to a desired course of action, which may include requiring the Vendor to send a technically qualified person or persons to the site of such emergency. A CSR may be submitted by the Owner to request a repair or work-around of an emergency condition or repair of a non-emergency problem, or to request a Software Upgrade or an Equipment Upgrade or other Software or Equipment operational enhancement. The Owner's CSRs will define the condition or problem and state whether the Owner considers the CSR to be for a Software Upgrade or an Equipment Upgrade or other Software or Equipment operational enhancement. Changes to the System, any PCS System or any PCS Sub-System resulting from any CSR must be fully tested and accepted in accordance with the Specifications. The Vendor must respond to the submission of a CSR by the Owner within five (5) Business Days, acknowledging receipt of the CSR. Within thirty (30) days of receipt of the CSR, the Vendor will respond to the CSR summarizing the Vendor's intended actions to handle the CSR. A CSR may result in System fixes or enhancements, or in Product modifications reasonably acceptable to the Owner. Notwithstanding the above, no event, lack of functionality or failure of the Test-bed Laboratory will be assigned as an E1 Emergency Condition or E2 Emergency Condition. Any such event, lack of functionality or failure applicable to the Test-bed Laboratory, which would otherwise be assigned such a category in accordance with the definitions above, will be assigned a P1 Major Condition.