Common use of MAINTENANCE GENERAL PROVISIONS Clause in Contracts

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the maintenance options which may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under the separate maintenance contract. B. Warranty will become effective subsequent to Acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All maintenance options shall be included in the NYS Net Price Sheets in Appendix C. Complete details of each type of maintenance option shall be provided in Appendix C. E. Unless the agreement between the Authorized User and the Contractor specifies otherwise and so long as the malfunction is attributable to Contractor’s Product, Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. If at any time during the warranty period or any subsequent maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. If preventive maintenance (PM) is recommended by the manufacturer, (PM) shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. Nothing in this Contract shall be construed to prevent Authorized Users from acquiring peripheral equipment from a Third Party. In the event Authorized Users acquire such equipment, Contractor shall be obligated to cooperate with the Third Party, as necessary, in the performance of each party’s maintenance obligations.

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the maintenance options which that may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under as outlined in the separate maintenance contractsecond paragraph of Section 1. Contract Scope/Term. B. Warranty will become effective subsequent to Acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All maintenance options shall be included in the NYS Net Price Sheets in Appendix C. E. Complete details of each type of maintenance option shall be provided in Appendix C.E, Submission 4. E. Unless the agreement between the Authorized User and the Contractor specifies otherwise and so long as the malfunction is attributable to Contractor’s Product, The Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. . If at any time during the warranty period or any subsequent maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. . The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), or willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users Users’ personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. If preventive maintenance (PM) is recommended by the manufacturer, (PM) PM shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. Nothing in this Contract shall be construed to prevent Authorized Users User from acquiring peripheral Power Protection equipment from a Third Party. In the event Authorized Users acquire such equipment, Contractor shall be obligated to cooperate with the Third Party, as necessary, in the performance of each party’s maintenance obligations.

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the first year maintenance options which that may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under as outlined in the separate maintenance contract. B. second paragraph of Section 1. Contract Scope/Term. Warranty will become effective subsequent to Acceptance of the Product. C. . Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay delay, or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. . Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All First year maintenance options shall be included in the NYS Net Price Sheets in Appendix C. E. Complete details of each type of maintenance option shall be provided in Appendix C. E. E, Submission 4. Unless the agreement (SLA) between the Authorized User and the Contractor specifies otherwise otherwise, and so long as the malfunction is attributable to Contractor’s Product, Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. . If at any time during the warranty period or any subsequent the first year maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. . The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), or willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users Users’ personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. . If preventive maintenance (PM) is recommended by the manufacturer, (PM) PM shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. . Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. . Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. . Nothing in this Contract shall be construed to prevent Authorized Users User from acquiring peripheral Ancillary equipment from a Third Party. In To assist authorized users in complying with the event Authorized HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) requirements, contractors are required to work with users who wish to either destroy the information on hard drives or retain possession of the drive when trading equipment or receiving maintenance/warranty replacement. The State is seeking alternatives to insure a purchaser has the right to maintain ownership of the hard drive at time of warranty replacement and/or when trading in equipment. Contract Users acquire are encouraged to address this requirement prior to placing orders with contractors. Contractors are asked to include such equipmentoptions as part of their warranty service and trade-in programs or as an extra, chargeable item. While all users may not wish to exercise this/these option(s), they should be available as contract options. Contractor shall be obligated comply with all security procedures of the Authorized User clearly communicated to cooperate with the Third Party, as necessary, it in the performance of each party’s this Agreement. Contractor acknowledges that such security procedures may vary based on the specific facility at which the Contractor is providing services including but not limited to maintenance obligations.and installation

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the maintenance options which may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under the separate maintenance contract. B. Warranty will become effective subsequent to Acceptance acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All maintenance options shall be included in the NYS Net Price Sheets in Appendix C. Complete details of each type of maintenance option shall be provided in Appendix C. E. Unless the agreement between the Authorized User and the Contractor specifies otherwise and so long as the malfunction is attributable to Contractor’s Product, Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. If at any time during the warranty period or any subsequent maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. If preventive maintenance (PM) is recommended by the manufacturer, (PM) shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. J. Nothing in this Contract shall be construed to prevent Authorized Users from acquiring peripheral equipment from a Third Party. In the event Authorized Users acquire such equipment, Contractor shall be obligated to cooperate with the Third Party, as necessary, in the performance of each party’s maintenance obligations.

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the maintenance options which that may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under as outlined in the separate maintenance contractsecond paragraph of Section 1. Contract Scope/Term. B. Warranty will become effective subsequent to Acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All maintenance options shall be included in the NYS Net Price Sheets in Appendix C. E. Complete details of each type of maintenance option shall be provided in Appendix C.E, Submission 4. E. Unless the agreement (SLA) between the Authorized User and the Contractor specifies otherwise and so long as the malfunction is attributable to Contractor’s Product, Contractor guarantees that within forty-forty- eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. If at any time during the warranty period or any subsequent maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), or willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users Users’ personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. If preventive maintenance (PM) is recommended by the manufacturer, (PM) PM shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. Nothing in this Contract shall be construed to prevent Authorized Users User from acquiring peripheral equipment from a Third Party. In the event Authorized Users acquire such equipment, Contractor shall be obligated to cooperate . L. To assist authorized users in complying with the Third PartyHEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) requirements, contractors are required to work with users who wish to either destroy the information on hard drives or retain possession of the drive when trading equipment or receiving maintenance/warranty replacement. The State is seeking alternatives to insure a purchaser has the right to maintain ownership of the hard drive at time of warranty replacement and/or when trading in equipment. Contract Users are encouraged to address this requirement prior to placing orders with contractors. Contractors are asked to include such options as necessarypart of their warranty service and trade-in programs or as an extra, in the performance of each party’s maintenance obligationschargeable item. While all users may not wish to exercise this/these option(s), they should be available as contract options.

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the first year maintenance options which that may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under as outlined in the separate maintenance contractsecond paragraph of Section 1. Contract Scope/Term. B. Warranty will become effective subsequent to Acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All First year maintenance options shall be included in the NYS Net Price Sheets in Appendix C. E. Complete details of each type of maintenance option shall be provided in Appendix C.E, Submission 4. E. D. Unless the agreement (SLA) between the Authorized User and the Contractor specifies otherwise and so long as the malfunction is attributable to Contractor’s Product, Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. E. If at any time during the warranty period or any subsequent the first year maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. F. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), or willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly Unless otherwise prohibited by the applicable agreements set forth in Sections 78(j) and 78(k), properly trained Authorized Users Users’ personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. G. If preventive maintenance (PM) is recommended by the manufacturer, (PM) PM shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. H. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. I. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. J. Nothing in this Contract shall be construed to prevent Authorized Users User from acquiring peripheral Ancillary equipment from a Third Party. K. To assist authorized users in complying with the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) requirements, contractors are required to work with users who wish to either destroy the information on hard drives or retain possession of the drive when trading equipment or receiving maintenance/warranty replacement. In The State is seeking alternatives to insure a purchaser has the event Authorized right to maintain ownership of the hard drive at time of warranty replacement and/or when trading in equipment. Contract Users acquire are encouraged to address this requirement prior to placing orders with contractors. Contractors are asked to include such equipmentoptions as part of their warranty service and trade-in programs or as an extra, chargeable item. While all users may not wish to exercise this/these option(s), they should be available as contract options. L. Contractor shall be obligated comply with all security procedures of the Authorized User clearly communicated to cooperate with the Third Party, as necessary, it in the performance of each party’s this Agreement. Contractor acknowledges that such security procedures may vary based on the specific facility at which the Contractor is providing services including but not limited to maintenance obligationsand installation.

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the first year maintenance options which that may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under as outlined in the separate maintenance contractsecond paragraph of Section 1. Contract Scope/Term. B. Warranty will become effective subsequent to Acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay delay, or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All First year maintenance options shall be included in the NYS Net Price Sheets in Appendix C. E. Complete details of each type of maintenance option shall be provided in Appendix C.E, Submission 4. E. Unless the agreement (SLA) between the Authorized User and the Contractor specifies otherwise otherwise, and so long as the malfunction is attributable to Contractor’s Product, Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. F. If at any time during the warranty period or any subsequent the first year maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), or willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users Users’ personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. If preventive maintenance (PM) is recommended by the manufacturer, (PM) PM shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. Nothing in this Contract shall be construed to prevent Authorized Users User from acquiring peripheral Ancillary equipment from a Third Party. L. To assist authorized users in complying with the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) requirements, contractors are required to work with users who wish to either destroy the information on hard drives or retain possession of the drive when trading equipment or receiving maintenance/warranty replacement. In The State is seeking alternatives to insure a purchaser has the event Authorized right to maintain ownership of the hard drive at time of warranty replacement and/or when trading in equipment. Contract Users acquire are encouraged to address this requirement prior to placing orders with contractors. Contractors are asked to include such equipmentoptions as part of their warranty service and trade-in programs or as an extra, chargeable item. While all users may not wish to exercise this/these option(s), they should be available as contract options. M. Contractor shall be obligated comply with all security procedures of the Authorized User clearly communicated to cooperate with the Third Party, as necessary, it in the performance of each party’s this Agreement. Contractor acknowledges that such security procedures may vary based on the specific facility at which the Contractor is providing services including but not limited to maintenance obligations.and installation

MAINTENANCE GENERAL PROVISIONS. A. The Contractor shall advise Authorized Users of the maintenance options which may be ordered with the Product and the costs associated with each option. Maintenance may be ordered separately at any time during the contract period and/or license term. Authorized Users will have the option of selecting a monthly/annual maintenance contract or maintenance on a time and materials basis. The Purchase Order, or equivalent, shall identify which option has been selected. The initial maintenance term and any renewal(s) thereof may survive expiration of the contract term under the separate maintenance contract. B. Warranty will become effective subsequent to Acceptance of the Product. C. Where Authorized User elects support and maintenance services, Contractor shall maintain the Product so as to provide Authorized User with the ability to utilize the Product without interruption, delay or significant functional downtime to the Authorized User’s ongoing business operations during the maintenance term in accordance with the terms and conditions of the applicable service descriptions. D. Maintenance shall be provided upon expiration of the warranty or under circumstances not covered by said warranty. All maintenance options shall be included in the NYS Net Price Sheets in Appendix C. Complete details of each type of maintenance option shall be provided in Appendix C. E. Unless the agreement between the Authorized User and the Contractor Contractor, or the maintenance option detailed in Appendix C which is being purchased by the Authorized User, specifies otherwise otherwise, and so long as the malfunction is attributable to Contractor’s Productproduct, Contractor guarantees that within forty-eight (48) continuous hours of its response for any maintenance as provided above that repairs will be successfully completed and that system service will be fully restored. . F. If at any time during the warranty period or any subsequent maintenance period, service is performed on the Product by anyone other than the Contractor, without the Contractor’s consent, or if the Product is removed from the premises without the Contractor’s supervision and consent, then at the option of the Contractor, the warranty agreement or maintenance contract may become null and void for those items of Product affected by the prohibitions. The Contractor shall notify the OGS Procurement Services Group of any such cancellation. OGS reserves the right to review the validity of such cancellation with the Contractor and Authorized User and take appropriate action. G. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor), willful or grossly negligent operation or handling of the Product by the Authorized User’s employees. Properly trained Authorized Users personnel may make software changes to Authorized Users’ configuration without the Contractor’s prior written consent. Should the Contractor’s consent be required, it shall not be unreasonably withheld. The Authorized User shall be responsible for updating of all records associated with the modifications. H. If preventive maintenance (PM) is recommended by the manufacturer, (PM) shall be performed during the Authorized User’s working hours at a time acceptable to the Authorized User. I. Authorized Users will pay monthly in arrears for any services utilized for maintenance, service, and parts in accordance with the Contractor’s established rates. Prepaid Annual Maintenance will be available only with an additional 5% or greater discount. Rates are to be adjusted monthly in arrears by Contractor for increases and decreases in the quantity of the Product. J. Authorized Users shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. K. Nothing in this Contract shall be construed to prevent Authorized Users from acquiring peripheral equipment from a Third Party. In the event Authorized Users acquire such equipment, Contractor shall be obligated to cooperate with the Third Party, as necessary, in the performance of each party’s maintenance obligations.