Common use of Headend Equipment and Licensed Software on Headend Equipment Clause in Contracts

Headend Equipment and Licensed Software on Headend Equipment. If SONIFI, in its sole discretion, determines a reported problem with Headend Equipment or Licensed Software installed on, stored on or embedded in the Headend Equipment is attributable to (a) a defect in materials or workmanship in the Headend Equipment during the Headend Equipment Limited Warranty Period or (b) a defect in the Licensed Software that prevents it from substantially conforming to any published Documentation during the Headend Equipment Limited Warranty Period, and an on-site visit is required, SONIFI will dispatch service personnel to begin correcting the problem as soon as reasonably possible taking into consideration the availability of service personnel, other contractual commitments and/or the existence of a Force Majeure Event. Company shall provide SONIFI’s service personnel with full access to the Headend Equipment and the Licensed Software, upon request. After inspecting the Headend Equipment and/or Licensed Software, SONIFI shall confirm whether or not the reported problem is the result of a defect in materials or workmanship in the Headend Equipment and/or a defect in the Licensed Software installed on, stored on or embedded in the Headend Equipment that prevents it from substantially conforming to any published Documentation. If the reported problem is attributable to a defect in materials or workmanship in the Headend Equipment and/or a defect in the Licensed Software installed on, stored on or embedded in the Headend Equipment that prevents it from substantially conforming to any published Documentation, and the problem was reported to TAC or discovered by SONIFI within the Headend Equipment Limited Warranty Period, SONIFI, in its sole discretion, shall repair or replace the defective part or Headend Equipment with an identical or comparable part or piece of equipment that may be new or refurbished, at no additional cost to Company or, in the case of the Licensed Software, correct or mitigate the defect through an Update so that the Licensed Software substantially conforms with any published Documentation, in each instance, at no additional charge to Company. If, during the Headend Equipment Limited Warranty Period, SONIFI determines, after performing an on-site inspection, that a reported problem is not due to a defect in materials or workmanship in the Headend Equipment or a defect in the Licensed Software installed on, stored on or embedded in the Headend Equipment that prevents it from substantially conforming to any published Documentation, Company shall be charged for labor at SONIFI’s rate(s) set forth on the most current SONIFI Rate Card, available upon request to SONIFI at xxxxxxxxxxxxxxx@xxxxxx.xxx or as made available at xxx.xxxxxx.xxx, plus (i) the cost of parts, components and other materials, (ii) the trip charge specified on the most current Rate Card, (iii) parking fees and tolls and (iv) applicable taxes, shipping, handling and freight.

Headend Equipment and Licensed Software on Headend Equipment. If SONIFI, in its sole discretion, determines a reported problem with Headend Equipment or Licensed Software installed on, stored on or embedded in the Headend Equipment is attributable to (a) a defect in materials or workmanship in the Headend Equipment during the Headend Equipment Limited Warranty Period or (b) a defect in the Licensed Software that prevents it from substantially conforming to any published Documentation during the Headend Equipment Limited Warranty Period, and an on-site visit is required, SONIFI will dispatch service personnel to begin correcting the problem in accordance with the appropriate issue classification and service response times specified in the applicable service level package selected by Company, as soon identified in the Products & Fee Schedule and as reasonably possible taking into consideration set forth and described below. Based on information supplied by the availability of service personnelHeadend Equipment, other contractual commitments the Licensed Software and/or Company’s designated contact person, SONIFI shall ascertain and classify the existence severity of a Force Majeure Eventreported issue as “low,” “moderate” or “high,” in its sole discretion. The service response times for a particular issue classification and service level package only indicate the time by which SONIFI service personnel will be dispatched to the Premises and do not indicate the required on-site arrival of SONIFI service personnel or the required completion of the repairs, replacements, or Updates necessary or available to fix the identified problem(s) with the Headend Equipment and/or Licensed Software. Company shall provide SONIFIXXXXXX’s service personnel with full access to the Headend Equipment and the Licensed Software, upon request. After inspecting the Headend Equipment and/or Licensed Software, SONIFI shall confirm whether or not the reported problem is the result of a defect in materials or workmanship in the Headend Equipment and/or a defect in the Licensed Software installed on, stored on or embedded in the Headend Equipment that prevents it from substantially conforming to any published Documentation. If the reported problem is attributable to a defect in materials or workmanship in the Headend Equipment and/or a defect in the Licensed Software installed on, stored on or embedded in the Headend Equipment that prevents it from substantially conforming to any published Documentation, and the problem was reported to TAC or discovered by SONIFI within the Headend Equipment Limited Warranty Period, SONIFI, in its sole discretion, shall repair or replace the defective part or Headend Equipment with an identical or comparable part or piece of equipment that may be new or refurbished, at no additional cost charge to Company or, in the case of the Licensed Software, correct or mitigate the defect through an Update so that the Licensed Software substantially conforms with any published Documentation, in each instance, at no additional charge to Company. If, during the Headend Equipment Limited Warranty Period, SONIFI determines, after performing an on-site inspection, that a reported problem is not due to a defect in materials or workmanship in the Headend Equipment or a defect in the Licensed Software installed on, stored on or embedded in the Headend Equipment that prevents it from substantially conforming to any published Documentation, Company shall be charged for labor at SONIFI’s rate(s) set forth on the most current SONIFI Rate Card, available upon request to SONIFI at xxxxxxxxxxxxxxx@xxxxxx.xxx or as made available at xxx.xxxxxx.xxx, plus (i) the cost of parts, components and other materials, (ii) the trip charge specified on the most current Rate Card, (iii) travel expenses, lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight.