Common use of Informatics Hardware and Equipment Support Clause in Contracts

Informatics Hardware and Equipment Support. During the Initial Term and any Renewal Term, provided Seller receives the reasonable requested cooperation from Buyer, Seller will do the following: 2533 Confidential Information Equipment Supply & Technology Licensing Contract (a) Remedial maintenance will be provided by Seller during normal working hours. Buyer will provide [***] access to the Hardware as needed to perform any services hereunder. (b) During the Warranty Period (as defined in Section 8.3), Seller will[***] maintain the Hardware in accordance with the warranty set forth in the Contract, including replace or repair (collectively “Remedy”) parts as deemed necessary by Seller. After the end of the Warranty Period (provided Buyer extends the maintenance and support services to be provided under this Annex beyond the Initial Term), Seller will Remedy parts at Buyer’s expense. In either of the foregoing, Seller will pay for the labor and services required to Remedy the parts (but will not pay for the parts beyond the Warranty Period). Buyer shall inform Seller if any replaced parts may be contaminated with hazardous or toxic materials. All parts may be furnished on an exchange basis and may be new or refurbished spares. Replaced parts removed from the Hardware will, at Seller’s sole option, become the property of Seller. All [***] items, including but not limited to [***] are excluded from coverage hereunder. Cost of [***]and [***], including [***] are to be covered by Buyer. Buyer is responsible for maintenance, and cost, of support equipment which are not listed in the Sign-Off. (c) Seller shall not be responsible for maintenance and support services under the contract based on damage caused by (i) Equipment operation outside of specified hardware limits and process conditions, (ii) adjustments, repairs or replacement parts required because of operator-caused error or repeated misuse of Hardware; (iii) a non-conformity arising from or after relocation of the Hardware without prior written approval of Seller, which shall not be unreasonably withheld, unless Buyer can demonstrate by clear and convincing evidence that the relocation did not cause the non-conformity, in whole or in part, or (iv) damages covered arising out of force majeure. All repairs required by such excluded damage will be subject to an additional charge, as agreed in advance in writing by Seller and Buyer.

Informatics Hardware and Equipment Support. During the Initial Term and any Renewal Term, provided Seller receives the reasonable requested cooperation from Buyer, Seller will do the following: 2533 Confidential Information Equipment Supply & Technology Licensing Contract: (a) Remedial maintenance will be provided by Seller during normal working hours. Buyer will provide [***] access to the Hardware as needed to perform any services hereunder. (b) During the Warranty Period (as defined in Section 8.3), Seller will[***] maintain the Hardware in accordance with the warranty set forth in the Contract, including replace or repair (collectively “Remedy”) parts as deemed necessary by Seller. After the end of the Warranty Period (provided Buyer extends the maintenance and support services to be provided under this Annex beyond the Initial Term), Seller will Remedy parts at Buyer’s expense. In either of the foregoing, Seller will pay for the labor and services required to Remedy the parts (but will not pay for the parts beyond the Warranty Period). Buyer shall inform Seller if any replaced parts may be contaminated with hazardous or toxic materials. All parts may be furnished on an exchange basis and may be new or refurbished spares. Replaced parts removed from the Hardware will, at Seller’s sole option, become the property of Seller. All [***] items, including but not limited to [***] are excluded from coverage hereunder. Cost of [***]and [***], including [***] are to be covered by Buyer. Buyer is responsible for maintenance, and cost, of support equipment which are not listed in the Sign-Off. (c) Seller shall not be responsible for maintenance and support services under the contract based on damage caused by (i) Equipment operation outside of specified hardware limits and process conditions, (ii) adjustments, repairs or replacement parts required because of operator-caused error or repeated misuse of Hardware; (iii) a non-conformity arising from or after relocation of the Hardware without prior written approval of Seller, which shall not be unreasonably withheld, unless Buyer can demonstrate by clear and convincing evidence that the relocation did not cause the non-conformity, in whole or in part, or (iv) damages covered arising out of force majeure. All repairs required by such excluded damage will be subject to an additional charge, as agreed in advance in writing by Seller and Buyer.