Common use of Maintenance and Support Services Clause in Contracts

Maintenance and Support Services. If this Agreement is for IT goods or services, this section applies: Unless otherwise specified in this Agreement: The Contractor shall promptly provide the Court with all Upgrades, including without limitation: (i) all Upgrades generally made available by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies with the Specifications and Applicable Law (including changes in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases of the Court’s operating system or database platform; and (iv) all on-site services necessary for installation of Upgrades. Without limiting any other obligation of Contractor under this Agreement, Contractor represents and warrants that it will maintain services, equipment, software or any other part of the Work so that they operate in accordance with their Specifications and Documentation; and The Contractor shall respond to the Court within four (4) hours after the Court reports a Technical Support Incident (such hours all occurring during Standard M&S Hours) to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests in the Court upon payment of the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheets.

Maintenance and Support Services. If (a) CIS shall provide maintenance services for the Equipment through CIS's third-party maintenance providers as set forth in Exhibit B. Customer shall have the right to use an alternative Equipment maintenance provider, provided that at least sixty (60) days' prior written notice is given to CIS and CIS, in its reasonable discretion, approves such proposed alternative Equipment maintenance provider. (b) Subject to availability, CIS will provide additional on-site installation support to Customer at CIS's hourly rates then in effect. In exchange for the software maintenance fees set forth in Exhibit B hereto, CIS will provide level one customer assistance through its customer support center in a manner consistent with that provided to a Facility prior to the Distribution Date. (c) CIS shall not be required to provide maintenance or support Services to any portion of the Software that has been altered by Customer (without the prior written approval of CIS) if such alteration adversely affects CIS's ability to provide such Services, as determined by CIS in its reasonable discretion. (d) Customer may utilize other vendors of computer systems requiring interface with the Systems provided hereunder and, upon prior written notice to and approval by CIS (which approval will not be unreasonably withheld), CIS shall cooperate with such vendors or Customer in the development and maintenance of necessary interfaces with the Systems, provided that nothing herein shall require CIS to provide programming support in respect of such interfaces. All programming costs and other expenses incurred by CIS pursuant to this Agreement is paragraph shall be reimbursed by Customer at the then-current CIS billing rates for IT goods time and materials. Except as provided in this paragraph, CIS shall have no obligation to provide Services for systems provided by a person other than CIS or services, this section applies: Unless otherwise specified a vendor preferred by CIS. All such Services shall be Customer's responsibility and at Customer's cost. (e) The provision of Services may result in the disclosure to CIS of third-party confidential or proprietary information in possession of Customer and in which CIS has no rights. Customer shall indemnify and hold harmless CIS from the failure of Customer to obtain any third-party consents that may be required so that CIS may provide the Services. (f) In the event Customer requires services beyond those provided in this Agreement: The Contractor , or as a result of Customer's use of Software or Systems other than in conformity with applicable specifications, then to the extent that CIS agrees to provide additional services, the services shall promptly provide be provided at the Court with all Upgrades, including without limitation: then-current CIS billing rates for time and materials. (ig) all Upgrades generally made CIS agrees to make its Wide Area Network available to Customer for access and use only at Facilities listed in Exhibit A hereto. CIS agrees to make the Information Systems portion of Koala System available to Customer for access by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies Facilities in a manner consistent with the Specifications and Applicable Law (including changes use prior to the Distribution Date. Customer agrees that any information obtained by a Facility from the Koala System, to the extent such information is not otherwise publicly available, will not be disclosed to third parties or used other than as required in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases operation of the Court’s operating system or database platform; and (iv) all on-site services necessary for installation of Upgrades. Without limiting any other obligation of Contractor under this Agreement, Contractor represents and warrants that it will maintain services, equipment, software or any other part of the Work so that they operate in accordance with their Specifications and Documentation; and The Contractor shall respond to the Court within four (4) hours after the Court reports a Technical Support Incident (such hours all occurring during Standard M&S Hours) to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests in the Court upon payment of the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheetsFacility.

Maintenance and Support Services. If this Agreement is for IT goods or services, this section applies: Unless otherwise specified in For purposes of this Agreement, "Maintenance and Support" means that ABT will: The Contractor shall promptly (a) use reasonably diligent efforts to correct and resolve Errors that ABT/UK reports to ABT in accordance with the escalation procedures set forth in Attachment F and (b) provide the Court with all Error Corrections, Updates and Upgrades, including without limitation: (i) all Upgrades generally made available if any, to the Software, Business Procedures and Documentation that ABT releases during the current period covered by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies Minimum Maintenance Fee, in accordance with the Specifications and Applicable Law (including changes in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases of the Court’s operating system or database platformSection 2.6; and (ivc) all onup to twenty-site five hundred (2,500) hours of technical support per year, in English, pursuant to the escalation procedures in Attachment F, and the software development resource commitment guidelines in Attachment G. The parties acknowledge that such technical support services necessary for installation may be applied to any Services performed by ABT pursuant to the Services Agreement in Attachment D and will not include any time spent by ABT to create or provide Error Corrections, Updates, or Upgrades, or to provide telephone support related thereto, except as mutually agreed in a Work Order as specified in Attachment D. ABT shall provide ABT/UK with a monthly report of Upgrades. Without limiting any other obligation the hours of Contractor technical support provided by ABT under this AgreementSection 6.2. Each month, Contractor represents ABT shall invoice ABT/UK in arrears for Fees for any Maintenance and warrants that it will maintain services, equipment, software or any other part Support services in excess of one-twelfth of the Work so that they operate allotted twenty-five hundred (2,500) hours for the year, in accordance with their Specifications and Documentation; and The Contractor shall respond reasonable detail showing such additional hours to the Court within four nearest quarter hour, and Customer shall pay such Fees no later than fifteen (415) hours days after the Court reports invoice date. Any such additional Maintenance and Support services will be billed at a Technical Support Incident (rate equal to [*] per hour. ABT may increase such hours all occurring during Standard M&S Hours) rate after the first year of the Term, in proportion to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests any increase in the Court upon payment of Consumer Price Index over the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheetsprevious year.