Common use of Fault and/or Problem Management Clause in Contracts

Fault and/or Problem Management. Fault and/or Problem Management refers to the management of all Generator and associated auxiliary equipment faults and/or problems reported by USP including those faults automatically reported via GPRS modems. USP shall report all Generator and auxiliary equipment faults and/or problems via; The local USP Facilities Helpdesk/Campus Security to the Service Provider’s Service Centre (a “Service Call”). OR The installed GPRS modem capable of automatic SMS, email or online monitoring and alert platforms (where installed) Both Parties shall follow the fault and/or problem reporting procedures set out in Clause 10 below. A qualified technician, employed by the Service Provider, will be available during Service Hours (Refer Table 1 below) to provide troubleshooting/assistance through site visits in compliance with the response times as set out in Table 1 below. Upon arrival at the relevant Generator site the Service Provider’s technician shall report on the exact nature of the fault and provide a timeline for its resolution in the event that the fault cannot be resolved immediately. Table 1 below sets out the different types of Service Calls, the hours between which the Services will be available (“Service Hours”) and each specific type of call that can be placed for Generator malfunctions and/or failures. Table 1 – Response Times Incidents Service Hours Response Times from Receipt of Notification (including travel time) Impact Emergency 24 Hours a day, 7 days a week 15 minutes Failures have a major impact on USP operations and or failure constitutes danger to health, personnel or equipment Urgent Normal Business Hours Monday to Friday 1 hour Failures do not pose immediate impact to health, personnel or equipment but have a negative impact on USP operations Important Normal Business Hours Monday to Friday 1 Business day Failures do not impact USP operations but can escalate as an URGENT incident if left unattended The Service Provider guarantees a compliance rate of 97.50% (ninety seven point five zero percent) with the Response Times Targets set out in Table 1 measured over a thirty (30) day calendar month period per Generator site (“Service Level Target”) in respect of Fault and/or Problem Management (“Service Level”) .

Fault and/or Problem Management. Fault and/or Problem Management refers refer to the management of all Generator and associated auxiliary equipment Fire Protection Equipment faults and/or problems reported by USP including those faults automatically reported via GPRS modemsUSP. USP shall report all Generator and auxiliary Fire Protection equipment faults and/or problems via; The the local USP Facilities Helpdesk/Campus Security Helpdesk/ to the Service Provider’s Service Centre (a “Service Call”). OR The installed GPRS modem capable of automatic SMS, email or online monitoring and alert platforms (where installed) Both Parties shall follow the fault and/or problem reporting procedures set out in Clause 10 below. A qualified technician, employed by the Service Provider, will be available during Service Hours (Refer Table 1 below) to provide troubleshooting/assistance through site visits in compliance with the response times as set out in Table 1 below2 above. Upon arrival at the relevant Generator site the Service Provider’s technician shall report on the exact nature of the fault and provide a timeline for its resolution in the event that the fault cannot be resolved immediately. Table 1 below above sets out the different types of Service Calls, the hours between which the Services will be available (“Service Hours”) and each specific type of call that can be placed for Generator Fire equipment malfunctions and/or failures. Breakdown Repairs (Problem Resolution) The Service Provider shall provide this Breakdown Repair as part of this service level agreement. The following procedure will apply for breakdown repairs; Report to the nominated USP representative the nature of the fault (breakdown report) including a quote for any additional cost of repairs. (Quotations must be supplied within the repair times in table 2 below). Table 1 2 – Response Times Incidents Service Hours Response Nature of Breakdown Nature of Breakdown Impact Repair Times from Receipt Diagnosis of Notification (including travel time) Breakdown Financial Impact Emergency Minor Repair/Replacement parts available on site, no additional assistance required 15 min to 1 hour Within the agreed cost of parts and labor rates of the service level agreement. Moderate Repair/Replacement parts in stock but nature of repair requires additional assistance/equipment on site 1 hour up to 24 Hours a day, 7 days a week 15 minutes Failures have a major impact on USP operations hours Costs are within the agreed parts and labor rates of the service level agreement with additional costs associated with off-site tools and or equipment and or subcontractor, specialist requirements. USP Senior Management Approvals may be required. Major Major system failure constitutes danger requiring complete replacement, off site works and additional assistance Greater than 24hrs up to health3 days. A detailed cost benefit analysis must be carried out in conjunction with time to restore service assessments. These breakdowns require USP Senior Management intervention. Upon receipt of the necessary approvals through the USP representative, personnel carry out fault repairs within the repair timelines of table 2; (Written work authorization is separate to this Service agreement and must be obtained prior to work commencing). The contractor is required to keep parts and consumables in stock. Commission and testing, and sign off by USP representative; Services normalized; Report on completed works, including submission of warrantees as applicable NOTE: USP will on written request reimburse the Service Provider for special or equipment Urgent Normal Business Hours Monday to Friday 1 hour Failures do not pose immediate impact to healthunusual expenses, personnel or equipment but have a negative impact on USP operations Important Normal Business Hours Monday to Friday 1 Business day Failures do not impact USP operations but can escalate incurred at the USPs specific request with prior written approval including those agreed as an URGENT incident if left unattended part of breakdown repairs and approved in terms of USPs internal procurement policy. Fire Protection System Availability The Service Provider guarantees a compliance rate strict adherence to the Preventative Maintenance Schedule as included in the Annexures which will help to avoid Fire Protection Equipment unavailability. The Service Provider guarantees availability of 97.50% the Services of Fire Protection Equipment to ninety-eight percent (ninety seven point five zero percent98%) with the Response Times Targets set out in Table 1 percent measured over a thirty (30) day calendar month period per Generator site (“Service Level Target”). Failure to meet the above metric shall be regarded as a Service Level Failure. For the purpose of this Clause, Fire equipment “unavailability” means any Fire Protection Equipment that is not operational in: accordance with all of its manufacturer’s specifications, and/or Fire Protection Equipment functions are below the designed, configured, authorized or enabled capacity level. the auxiliary or equipment (where fitted) has failed causing the Fire Protection Equipment to be unable to operate in accordance with the designed and installation requirements. A downtime that is either approved in advance by USP or is otherwise permitted shall not be regarded as time that the Fire Protection Equipment is unavailable. SERVICE LEVEL FAILURES Failure to adhere to any of the Service Levels mentioned in Clauses 5 and 6 will be regarded as a Service Level Failure and will result in USP issuing first warning letter for first failure and 2nd warning letter for second failure and may levy a financial penalty set out in the Table below. A financial penalty is not a substitute for any other claims that USP may have against the Service Provider in respect of Fault and/or Problem Management breach of this Agreement. For any given calendar month, the following financial penalties will apply to any Service. Service Level Failure Penalty Number of incidents Percentage of Penalty First incident of Service Level Failure 20% of Amount at Risk based on the total invoice per Semester. Second incident of Service Level Failure 40% of Amount at Risk based on the total invoice per semester. Third incident of Service Level Failure 60% of Amount at Risk based on the Total invoice per semester. Fourth incident of Service Level Failure 80% of Amount at Risk based on the Total invoice per semester. Fifth incident of Service Level Failure 100% of Amount at Risk based on the Total invoice by semester; alternatively USP reserves the right to cancel the agreement. The following instances shall be excluded from being regarded as a failure to adhere to the agreed Services Levels; Where the Service Call is suspended in agreement with USP; Where the Service Call has been referred back to USP for further clarification; or Where planned pre-approved access to the relevant Fire Protection Equipment is delayed by USP. SERVICE CHARGES AND PAYMENT TERMS In respect of the Services supplied to USP in terms of this Agreement from time to time, USP undertakes to pay to the Service Provider the service charges calculated in accordance with the agreed charges within thirty (“30) days of receipt of an accurate invoice which must be accompanied by the required monthly report, in accordance with the template provided in this agreement as well as any accompanying call out reports undertaken in that month. All fees, charges and disbursements are quoted inclusive of VAT. The Service Level”Provider shall within 7 days of the month, in which the Services were rendered, issue USP with an invoice for the relevant month, which is accurate and contains all relevant information as required by law. All invoices shall be accompanied by a service report, signed off by the USP Representative, detailing the Services that were rendered. All payments in terms of or arising out of this Agreement shall be made free of administration costs, bank exchange, commission or any other deduction to the Party thereto; and in accordance to Clause 8.7, neither Party shall have the right to defer, adjust or withhold any payment due to the other in terms of or arising out of this Agreement or to obtain deferment of judgment for such amounts or any execution of such judgment by reason of any set-off or counterclaim of whatsoever nature or howsoever arising. USP will on written request reimburse the Service Provider for special or unusual expenses incurred at the USPs specific request and approved in terms of its internal procurement policy. USP may withhold payment of fees, charges and disbursements that USP disputes in good faith or, if the disputed fees have already been paid, USP may withhold an equal amount from a later payment, including disputes in respect of an error on an invoice or an amount paid. USP shall within five (5) working days of receipt of the invoice notify the Service Provider in writing that it is disputing such amount providing a reasonable explanation of the rationale therefore; and the Parties shall promptly first address such dispute in accordance with this Clause.

Fault and/or Problem Management. Fault and/or Problem Management refers refer to the management of all Generator Generators System and associated auxiliary equipment faults and/or problems reported by USP including those faults automatically reported via GPRS modemsUSP. USP shall report all Generator Units and auxiliary equipment faults and/or problems via; The the local USP Facilities Helpdesk/Campus Security Helpdesk/ to the Service Provider’s Service Centre (a “Service Call”). OR The installed GPRS modem capable of automatic SMS, email or online monitoring and alert platforms (where installed) Both Parties shall follow the fault and/or problem reporting procedures set out in Clause 10 below. A qualified technician, employed by the Service Provider, will be available during Service Hours (Refer Table 1 below) to provide troubleshooting/assistance through site visits in compliance with the response times as set out in Table 1 below2 above. Upon arrival at the relevant Generator site the Service Provider’s technician shall report on the exact nature of the fault and provide a timeline for its resolution in the event that the fault cannot be resolved immediately. Table 1 below above sets out the different types of Service Calls, the hours between which the Services will be available (“Service Hours”) and each specific type of call that can be placed for Generator malfunctions and/or failures. Breakdown Repairs (Problem Resolution) The Service Provider shall provide this Breakdown Repair as part of this service level agreement. The following procedure will apply for breakdown repairs; Report to the nominated USP representative the nature of the fault (breakdown report) including a quote for any additional cost of repairs. (Quotations must be supplied within the repair times in table 2 below). Table 1 2 – Response Times Incidents Service Hours Response Nature of Breakdown Nature of Breakdown Impact Repair Times from Receipt Diagnosis of Notification (including travel time) Breakdown Financial Impact Emergency Minor Repair/Replacement parts available on site, no additional assistance required 15 min to 1 hour Within the agreed cost of parts and labor rates of the service level agreement. Moderate Repair/Replacement parts in stock but nature of repair requires additional assistance/equipment on site 1 hour up to 24 Hours a day, 7 days a week 15 minutes Failures have a major impact on USP operations hours Costs are within the agreed parts and labor rates of the service level agreement with additional costs associated with off-site tools and or equipment and or subcontractor, specialist requirements. USP Senior Management Approvals may be required. Major Major system failure constitutes danger requiring complete replacement, off site works and additional assistance Greater than 24hrs up to health3 days. A detailed cost benefit analysis must be carried out in conjunction with time to restore service assessments. These breakdowns require USP Senior Management intervention. Upon receipt of the necessary approvals through the USP representative, personnel carry out fault repairs within the repair timelines of table 2; (Written work authorization is separate to this Service agreement and must be obtained prior to work commencing). The contractor is required to keep parts and consumables in stock. Commission and testing, and sign off by USP representative; Services normalized; Report on completed works, including submission of warrantees as applicable NOTE: USP will on written request reimburse the Service Provider for special or equipment Urgent Normal Business Hours Monday to Friday 1 hour Failures do not pose immediate impact to healthunusual expenses, personnel or equipment but have a negative impact on USP operations Important Normal Business Hours Monday to Friday 1 Business day Failures do not impact USP operations but can escalate incurred at the USPs specific request with prior written approval including those agreed as an URGENT incident if left unattended part of breakdown repairs and approved in terms of USPs internal procurement policy. Generator AVAILABILITY The Service Provider guarantees a compliance rate strict adherence to the Preventative Maintenance Schedule as included in the Annexures which will help to avoid Generator unavailability. The Service Provider guarantees availability of 97.50% the Services of Generator Units to ninety-eight percent (ninety seven point five zero percent98%) with the Response Times Targets set out in Table 1 percent measured over a thirty (30) day calendar month period per Generator site (“Service Level Target”). Failure to meet the above metric shall be regarded as a Service Level Failure. For the purpose of this Clause, Generator “unavailability” means any Generator Units that is not operational in: accordance with all of its manufacturer’s specifications, and/or Generator Units functions are below the designed, configured, authorized or enabled capacity level. the auxiliary or equipment (where fitted) has failed causing the Generator to be unable to operate in accordance with the designed and installation requirements. A downtime that is either approved in advance by USP or is otherwise permitted shall not be regarded as time that the Generator is unavailable. SERVICE LEVEL FAILURES Failure to adhere to any of the Service Levels mentioned in Clauses 5 and 6 will be regarded as a Service Level Failure and will result in USP issuing first warning letter for first failure and 2nd warning letter for second failure and may levy a financial penalty set out in the Table below. A financial penalty is not a substitute for any other claims that USP may have against the Service Provider in respect of Fault and/or Problem Management (“breach of this Agreement. For any given calendar month, the following financial penalties will apply to any Service. Service Level”) Level Failure Penalty Number of incidents Percentage of Penalty First incident of Service Level Failure 20% of Amount at Risk based on the total invoice per Semester. Second incident of Service Level Failure 40% of Amount at Risk based on the total invoice per semester. Third incident of Service Level Failure 60% of Amount at Risk based on the Total invoice per semester. Fourth incident of Service Level Failure 80% of Amount at Risk based on the Total invoice per semester. Fifth incident of Service Level Failure 100% of Amount at Risk based on the Total invoice by semester; alternatively USP reserves the right to cancel the Agreement. The following instances shall be excluded from being regarded as a failure to adhere to the agreed Services Levels; Where the Service Call is suspended in agreement with USP; Where the Service Call has been referred back to USP for further clarification; or Where planned pre-approved access to the relevant Generator is delayed by USP.

Fault and/or Problem Management. Fault and/or Problem Management refers refer to the management of all Generator water and associated wastewater pumps and auxiliary equipment faults and/or problems reported by USP including those faults automatically reported via GPRS modemsUSP. USP shall report all Generator water and auxiliary waste water equipment faults and/or problems via; The the local USP Facilities Helpdesk/Campus Security Helpdesk/ to the Service Provider’s Service Centre (a “Service Call”). OR The installed GPRS modem capable of automatic SMS, email or online monitoring and alert platforms (where installed) Both Parties shall follow the fault and/or problem reporting procedures set out in Clause 10 below. A qualified technician, employed by the Service Provider, will be available during Service Hours (Refer Table 1 below) to provide troubleshooting/assistance through site visits in compliance with the response times as set out in Table 1 below2 above. Upon arrival at the relevant Generator site the Service Provider’s technician shall report on the exact nature of the fault and provide a timeline for its resolution in the event that the fault cannot be resolved immediately. Table 1 below above sets out the different types of Service Calls, the hours between which the Services will be available (“Service Hours”) and each specific type of call that can be placed for Generator water and wastewater pumps malfunctions and/or failures. Breakdown Repairs (Problem Resolution) The Service Provider shall provide this Breakdown Repair as part of this service level agreement. The following procedure will apply for breakdown repairs; Report to the nominated USP representative the nature of the fault (breakdown report) including a quote for any additional cost of repairs. (Quotations must be supplied within the repair times in table 2 below). Table 1 2 – Response Times Incidents Service Hours Response Nature of Breakdown Nature of Breakdown Impact Repair Times from Receipt Diagnosis of Notification (including travel time) Breakdown Financial Impact Emergency Minor Repair/Replacement parts available on site, no additional assistance required 15 min to 1 hour Within the agreed cost of parts and labor rates of the service level agreement. Moderate Repair/Replacement parts in stock but nature of repair requires additional assistance/equipment on site 1 hour up to 24 Hours a day, 7 days a week 15 minutes Failures have a major impact on USP operations hours Costs are within the agreed parts and labor rates of the service level agreement with additional costs associated with off-site tools and or equipment and or subcontractor, specialist requirements. USP Senior Management Approvals may be required. Major Major system failure constitutes danger requiring complete replacement, off site works and additional assistance Greater than 24hrs up to health3 days. A detailed cost benefit analysis must be carried out in conjunction with time to restore service assessments. These breakdowns require USP Senior Management intervention. Upon receipt of the necessary approvals through the USP representative, personnel carry out fault repairs within the repair timelines of table 2; (Written work authorization is separate to this Service agreement and must be obtained prior to work commencing). The contractor is required to keep parts and consumables in stock. Commission and testing, and sign off by USP representative; Services normalized; Report on completed works, including submission of warrantees as applicable NOTE: USP will on written request reimburse the Service Provider for special or equipment Urgent Normal Business Hours Monday to Friday 1 hour Failures do not pose immediate impact to healthunusual expenses, personnel or equipment but have a negative impact on USP operations Important Normal Business Hours Monday to Friday 1 Business day Failures do not impact USP operations but can escalate incurred at the USPs specific request with prior written approval including those agreed as an URGENT incident if left unattended part of breakdown repairs and approved in terms of USPs internal procurement policy. Water and Wastewater Pump System Availability The Service Provider guarantees a compliance rate strict adherence to the Preventative Maintenance Schedule as included in the Annexures which will help to avoid Water and Wastewater Equipment unavailability. The Service Provider guarantees availability of 97.50% the Services of water and wastewater Equipment to ninety-five percent (ninety seven point five zero percent95%) with the Response Times Targets set out in Table 1 percent measured over a thirty (30) day calendar month period per Generator site from the last inspection/service to the next scheduled inspection (“Service Level Target”). Failure to meet the above metric shall be regarded as a Service Level Failure. For the purpose of this Clause, Water and Wastewater equipment “unavailability” means any Water and Waste Equipment that is not operational in: accordance with all of its manufacturer’s specifications, and/or Water and Waste water pumps functions are below the designed, configured, authorized or enabled capacity level. the auxiliary or equipment (where fitted) has failed causing the water and waste water Equipment to be unable to operate in accordance with the designed and installation requirements. A downtime that either is approved in advance by USP or is otherwise permitted shall not be regarded as time that the Water and Wastewater Equipment is unavailable. SERVICE LEVEL FAILURES Failure to adhere to any of the Service Levels mentioned in Clauses 5 and 6 will be regarded as a Service Level Failure and will result in USP issuing first warning letter for first failure and 2nd warning letter for second failure and may levy a financial penalty set out in the Table below. A financial penalty is not a substitute for any other claims that USP may have against the Service Provider in respect of Fault and/or Problem Management (“breach of this Agreement. For any given calendar month, the following financial penalties will apply to any Service. Service Level”) Level Failure Penalty Number of incidents Percentage of Penalty First incident of Service Level Failure 20% of Amount at Risk based on the total invoice per Semester. Second incident of Service Level Failure 40% of Amount at Risk based on the total invoice per semester. Third incident of Service Level Failure 60% of Amount at Risk based on the Total invoice per semester. Fourth incident of Service Level Failure 80% of Amount at Risk based on the Total invoice per semester. Fifth incident of Service Level Failure 100% of Amount at Risk based on the Total invoice by semester; alternatively, USP reserves the right to cancel the agreement. The following instances shall be excluded from being regarded as a failure to adhere to the agreed Services Levels; Where the Service Call is suspended in agreement with USP; Where the Service Call has been referred back to USP for further clarification; or Where planned pre-approved access to the relevant Water and Wastewater Equipment is delayed by USP.