Common use of In-Room Equipment Clause in Contracts

In-Room Equipment. If SONIFI, in its sole discretion, determines a reported problem with In-Room Equipment is attributable to a defect in materials or workmanship in the In-Room Equipment during the Limited Warranty Period, and an on-site visit is required, SONIFI will dispatch service personnel to begin correction of 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 XXXXXX’s service personnel with full access to the affected In-Room Equipment. After inspecting the In-Room Equipment, SONIFI shall confirm whether the reported problem is the result of a defect in materials or workmanship in the In-Room Equipment. If the reported problem is attributable to a defect in materials or workmanship in the In-Room Equipment, excluding Licensed Software, and the problem was reported to the TAC or discovered by SONIFI within the Limited Warranty Period, SONIFI, in its sole discretion, shall repair or replace the defective part or In-Room Equipment with an identical or comparable part or piece of equipment that may be new or refurbished, at no additional cost to Company. If, during the 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 In-Room Equipment, or if the reported problem is due to a defect in Licensed Software installed on, stored on or embedded in In-Room Equipment, 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 (if not covered under this SONIFI Limited Warranty), (ii) the trip charge specified on the Rate Card, (iii) lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight. For any problem with the In-Room Equipment and/or the Licensed Software installed on, stored on or embedded in In-Room Equipment that is reported to TAC or discovered by SONIFI after the expiration of the Limited Warranty Period for which SONIFI dispatches service personnel to a Premises, Company shall be charged for labor at SONIFI’s then current 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 (if not covered under this SONIFI Limited Warranty), (ii) the trip charge specified on the Rate Card, (iii) lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight.

In-Room Equipment. If In the event SONIFI determines that a problem is associated with the In-Room Equipment during the In-Room Equipment Limited Warranty Period, SONIFI, in its sole discretion, determines a reported (a) will remotely install any available Updates on the In-Room Equipment, at no additional charge to Company, if SONIFI concludes the problem with is software- related and Updates eliminating or mitigating the problem are commercially available to SONIFI from the applicable In-Room Equipment manufacturer, supplier or licensor or (b) if a problem is attributable to a defect in materials or workmanship in the Innot software-Room Equipment during the Limited Warranty Period, and an on-site visit is requiredrelated, SONIFI will dispatch service personnel to begin correction 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 identified in the Products & Fee Schedule and as set forth and described below. Based on information supplied by the FTG Equipment, the Licensed Software and/or Company’s designated contact person, SONIFI shall ascertain and classify the severity of a reported 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 problem as soon as reasonably possible taking into consideration repairs, replacements, or Updates necessary or available to fix the availability of service personnelidentified problem(s) with the In-Room Equipment and/or Licensed Software installed on, other contractual commitments and/or stored on or embedded in the existence of a Force Majeure EventIn-Room Equipment. Company shall provide XXXXXXSONIFI’s service personnel with full access to In-Room Equipment and Licensed Software installed on, stored on or embedded in the affected In-Room Equipment, upon request. After inspecting the In-Room Equipment, SONIFI shall confirm whether or not the reported problem is the result of a defect in materials or workmanship in the In-Room EquipmentEquipment and/or a defect in the Licensed Software installed on, stored on or embedded in the In-Room 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 In-Room Equipment, excluding Licensed Software, and the problem was reported to the TAC or discovered by SONIFI within the In-Room Equipment Limited Warranty Period, SONIFI, in its sole discretion, shall repair or replace the defective part or defective In-Room Equipment with an identical or comparable part or piece of equipment that may be new or refurbished, at no additional cost charge to Company. If the reported problem is attributable to a defect in the Licensed Software installed on, stored on or embedded in the In- Room Equipment that prevents it from substantially conforming to any published Documentation, SONIFI will install any Updates commercially available to SONIFI from the applicable In-Room Equipment manufacturer, supplier or licensor, at no additional charge to Company. SONIFI’s obligations under this Subsection 2.3 with respect to In-Room Equipment Licensed Software are limited to installing any such commercially available Updates. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI is not responsible or liable for any In-Room Equipment problems (i) for which Updates are unavailable from the applicable In-Room Equipment manufacturer, supplier or licensor or (ii) for which available Updates are ineffective. If, during the In-Room 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 In-Room Equipment, Equipment or if the reported problem is due to a defect in the Licensed Software installed on, stored on or embedded in the In-Room EquipmentEquipment 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 (iA) the cost of parts, components and other materials (if not covered under this SONIFI Limited Warranty)materials, (iiB) the trip charge specified on the most current Rate Card, (iiiC) travel expenses, lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight. For any problem with the In-Room Equipment and/or the Licensed Software installed on, stored on or embedded in In-Room Equipment that is reported to TAC or discovered by SONIFI after the expiration of the Limited Warranty Period for which SONIFI dispatches service personnel to a Premises, Company shall be charged for labor at SONIFI’s then current 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 (if not covered under this SONIFI Limited Warranty), (ii) the trip charge specified on the Rate Card, (iii) lodging expenses, parking fees and tolls and (ivD) applicable taxes, shipping, handling and freight.

In-Room Equipment. If SONIFI, in its sole discretion, determines a reported problem with In-Room Equipment is attributable to a defect in materials or workmanship in the In-Room Equipment during the Limited Warranty Period, and an on-site visit is required, SONIFI will dispatch service personnel to begin the correction of the problem in accordance with the appropriate issue classification and service response times specified in the applicable service level package selected by the Company, as soon as reasonably possible taking into consideration set forth in the availability of service personnelProducts & Fee Schedule, other contractual commitments and described below. Based on information supplied by the Covered Equipment, 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 to fix the identified problem(s) with the In-Room Equipment. Company shall provide XXXXXX’s service personnel with full access to the affected In-Room Equipment. After inspecting the In-Room Equipment, SONIFI shall confirm whether the reported problem is the result of a defect in materials or workmanship in the In-Room Equipment. If the reported problem is attributable to a defect in materials or workmanship in the In-Room Equipment, excluding Licensed Software, and the problem was reported to the TAC or discovered by SONIFI within the Limited Warranty Period, SONIFI, in its sole discretion, shall repair or replace the defective part or In-Room Equipment with an identical or comparable part or piece of equipment that may be new or refurbished, at no additional cost to Company. If, during the 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 In-Room Equipment, or if the reported problem is due to a defect in Licensed Software installed on, stored on or embedded in In-Room Equipment, 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 (if not covered under this SONIFI Limited Warranty), (ii) the trip charge specified on the Rate Card, (iii) lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight. For any problem with the In-Room Equipment and/or the Licensed Software installed on, stored on or embedded in In-Room Equipment that is reported to TAC or discovered by SONIFI after the expiration of the Limited Warranty Period for which SONIFI dispatches service personnel to a Premises, Company shall be charged for labor at SONIFI’s then current 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 (if not covered under this SONIFI Limited Warranty), (ii) the trip charge specified on the Rate Card, (iii) lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight.,