Common use of On-site Break/Fix Services Clause in Contracts

On-site Break/Fix Services. The type of Maintenance Services for which Gap has subscribed hereunder entitles Gap to specify the Priority Response Level it requires for On-site Break/Fix Services on a Service Request by Service Request basis, based on the nature and severity of the reported Problem. Descriptions of the different Priority Response Levels and their respective timeframes for On-site Arrival and Problem Resolution Periods are contained in Exhibit B.1 (Service Level Matrix). Gap will specify the Priority Response Level it requires during the Service Request call. If Gap does not specify a Priority Response Level during the Service Request call, Supplier will consider the request to be Urgent (T4/C4). Supplier will dispatch its CSR(s) for arrival on-site at the affected Covered Location in accordance with the applicable timeframe for On-site Arrival as set forth in Exhibit B.1 (Service Level Matrix). Upon arriving at a Gap location, the CSR will inform the Gap store manager on duty of his or her presence and obtain his or her consent to perform the On-site Break/Fix Service. If the manager on duty consents the CSR will carry out the On-site Break/Fix Service in accordance with the applicable timeframe for Problem Resolution Service Level set forth in Exhibit B.111 (Service Level Matrix). If the Gap manager on duty does not consent, the CSR will contact Gap Store Support for a final decision about whether to proceed with the On-site Break/Fix Service or to defer it to a Scheduled Call and Gap Store Support shall communicate this decision to the CSR and the Gap manager on duty. If Gap Store Support defers the On-site Break/Fix Service, that Service Call shall be excluded from the measurement of Supplier’s compliance with the Service Levels for the affected * and will be chargeable at the customary hourly rate. If the Supplier CSR defers the Service Call without the approval of Gap Store Support, __________________________ *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Exhibit A.3.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information that Service Call shall be considered a missed SLA for the measurement of Supplier’s compliance with the Service Levels for the affected *. The Supplier CSR(s) will reload or reconfigure, as necessary, any Software from the appropriate backup media, if available and provided by Gap, to restore the Covered Machine(s) so that it functions in accordance with its Specifications provided that this work is required due to a Covered Machine malfunction. If requested by the IBM Help Desk the Supplier CSR(s) will stand by on site for up to one hour upon completion of the On-site Break/Fix Service. The CSR will call the IBM Help Desk to verify the successful completion of the On-site Break/Fix Service. Upon receipt of the call from the CSR the help desk will (i) verify successful completion of the On-site Break/Fix Service, or (ii) inform the CSR that the On-site Break/Fix Service has not been successful. If (a) the CSR leaves the Gap site prior to verification of successful completion, or (b) the original Problem reported remained unresolved, and (c) Gap places another Service Request with respect to that Problem, then Supplier will use the same trouble ticket for second and any subsequent Service Requests with respect to the same original Problem on the same Covered Machine and the initial Service Request shall be considered unresolved until the Problem is in fact Resolved. The Supplier CSR(s) will report to Supplier and to * the device type, model, serial number and Covered Location of any de-installed * Covered Machine and replacement * Covered Machine installed as part of the On-site Break/Fix Service. Supplier will record the actual On-site Arrival Period and Problem Resolution Period in Supplier’s call tracking system, which will electronically communicate that information to IBM’s Help Desk problem management system. Should Gap select a Third Party Vendor to install store Equipment listed on Exhibit C (Pricing), Supplier will provide break/fix services as described in this SOW; however, if a breakage occurs within * of the installation, Supplier’s service call to repair the Equipment will be billable.

On-site Break/Fix Services. The type of Maintenance Services for which Gap has subscribed hereunder entitles Gap to specify the Priority Response Level it requires for On-site Break/Fix Services on a Service Request by Service Request basis, based on the nature and severity of the reported Problem. Descriptions of the different Priority Response Levels and their respective timeframes for On-site Arrival and Problem Resolution Periods are contained in Exhibit B.1 (Service Level Matrix). Gap will specify the Priority Response Level it requires during the Service Request call. If __________________________ *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Exhibit A.3.1 Gap Confidential and Proprietary Information Second Amended Master Services Agreement Gap does not specify a Priority Response Level during the Service Request call, Supplier will consider the request to be Urgent (T4/C4)Urgent. Supplier will dispatch its CSR(s) for arrival on-site at the affected Covered Location in accordance with the applicable timeframe for On-site Arrival as set forth in Exhibit B.1 (Service Level Matrix). Upon arriving at a Gap location, the CSR will inform the Gap store manager on duty of his or her presence and obtain his or her consent to perform the On-site Break/Fix Service. If the manager on duty consents the CSR will carry out the On-site Break/Fix Service in accordance with the applicable timeframe for Problem Resolution Service Level set forth in Exhibit B.111 B.1 (Service Level Matrix). If the Gap manager on duty does not consent, the CSR will contact Gap Store Support for a final decision about whether to proceed with the On-site Break/Fix Service or to defer it to a Scheduled Call and Gap Store Support shall communicate this decision to the CSR and the Gap manager on duty. If Gap Store Support defers the On-site Break/Fix Service, that Service Call shall be excluded from the measurement of Supplier’s compliance with the Service Levels for the affected * and will be chargeable at the customary hourly ratemonth. If the Supplier CSR defers the Service Call without the approval of Gap Store Support, __________________________ *Certain information on this page has been omitted and filed separately with such that Resolution is not completed within the Commission. Confidential treatment has been requested with respect to the omitted portions. Exhibit A.3.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information required SLA, then that Service Call shall be considered a missed SLA for the measurement of Supplier’s compliance with the Service Levels for the affected *. The Supplier CSR(s) will reload or reconfigure, as necessary, any Software from the appropriate backup media, if available and provided by Gap, to restore the Covered Machine(s) so that it functions in accordance with its Specifications provided that this work is required due to a Covered Machine malfunction. If requested by the IBM Help Desk the Supplier CSR(s) will stand by on site for up to one hour upon completion of the On-site Break/Fix Service. The CSR will call the IBM Help Desk to verify the successful completion of the On-site Break/Fix Service. Upon receipt of the call from the CSR the help desk will (i) verify successful completion of the On-site Break/Fix Service, or (ii) inform the CSR that the On-site Break/Fix Service has not been successful. If (a) the CSR leaves the Gap site prior to verification of successful completion, or (b) the original Problem reported remained unresolved, and (c) Gap places another Service Request with respect to that Problem, then Supplier will use the same trouble ticket for second and any subsequent Service Requests with respect to the same original Problem on the same Covered Machine and the initial Service Request shall be considered unresolved until the Problem is in fact Resolved. The Supplier CSR(s) will report to Supplier and to * the device type, model, serial number and Covered Location of any de-installed * Covered Machine and replacement * Covered Machine installed as part of the On-site Break/Fix Service. Supplier will record the actual On-site Arrival Period and Problem Resolution Period in Supplier’s call tracking system, which will electronically communicate that information to IBM’s Help Desk problem management systemmonth. Should Gap select a Third Party Vendor to install store Equipment listed on Exhibit C (Pricing), Supplier will provide break/fix services as described in this SOWSOW *; however, if a breakage occurs within * of the installation, Supplier*. Supplier is not responsible to verify the quality of the Third Party Vendor’s service call to repair the Equipment will be billableperformance.

On-site Break/Fix Services. The type of Maintenance Services for which Gap has subscribed hereunder entitles entitle Gap to specify the Priority Response Level it requires for On-site Break/Fix Services on a Service Request by Service Request basis, based on the nature and severity of the reported Problemproblem. Descriptions of the different Priority Response Levels and their respective timeframes for On-site Arrival and Problem Resolution Periods are contained in Exhibit B.1 B (Service Level MatrixAgreement). Gap will specify the Priority Response Level it requires during the Service Request call. If Gap does not specify a Priority Response Level during the Service Request call, Supplier IBM will consider the request to be Urgent (T4/C4)Urgent. Supplier IBM will dispatch its CSR(s) for arrival on-site at the affected Covered Location in accordance with the applicable timeframe for On-site Arrival as set forth in Exhibit B.1 B (Service Level MatrixAgreement). Upon arriving at a Gap location, the CSR will inform the Gap store manager on duty of his or her presence and obtain his or her consent to perform the On-site Break/Fix Service. If the manager on duty consents the CSR will carry out the On-site Break/Fix Service in accordance with the applicable timeframe for Problem Resolution Service Level set forth in Exhibit B.111 B (Service Level MatrixAgreement). If the Gap manager on duty does not consent, the CSR will contact Gap Store Support for a final decision about whether to proceed with the On-site Break/Fix Service or to defer it to a Scheduled Call and Gap Store Support shall communicate this decision to the CSR and the Gap manager on duty. If Gap Store Support defers the On-site Break/Fix Service, that Service Call shall be excluded from the measurement of SupplierIBM’s compliance with the Service Levels for the affected * and will be chargeable at the customary hourly rate. If the Supplier CSR defers the Service Call without the approval of Gap Store Support, __________________________ *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Exhibit A.3.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information that Service Call shall be considered a missed SLA for the measurement of Supplier’s compliance with the Service Levels for the affected *month. The Supplier IBM CSR(s) will reload or reconfigure, as necessary, any Software software from the appropriate backup media, if available and provided by Gap, to restore the Covered Machine(s) so that it functions in accordance with its Specifications provided that this work is required due to a Covered Machine malfunction. If * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested by with respect to the omitted portions. The IBM Help Desk the Supplier CSR(s) will stand by on site for up to one hour upon completion of the On-site Break/Fix Service. The Service for the CSR will to call the IBM Help Desk Gap Store Support and for Gap to verify the successful completion of the On-site Break/Fix Service. Upon Service provided Gap promptly after receipt of the call from the CSR the help desk will (i) verify verifies successful completion of the On-site Break/Fix Service, or (ii) inform informs the CSR that the On-site Break/Fix Service has not been successful. If (a) the CSR leaves the Gap site prior to Gap’s verification of successful completion, or (b) the original Problem problem reported remained unresolved, and (c) Gap places another Service Request with respect to that Problemproblem, then Supplier IBM will use the same trouble ticket for second and any subsequent Service Requests with respect to the same original Problem problem on the same Covered Machine and the initial Service Request shall be considered unresolved until the Problem problem is in fact Resolvedresolved. The Supplier IBM CSR(s) will report to Supplier IBM and to * the device type, model, serial number and Covered Location of any de-installed * Covered Machine and replacement * Covered Machine installed as part of the On-site Break/Fix Service. Supplier An IBM Branded Covered Machine that replaces another of the same model shall retain the same serial number as appropriate. IBM will record the actual On-site Arrival Period and Problem Resolution Period in SupplierIBM’s call tracking system, which will electronically communicate that information to IBMGap’s Help Desk problem management system. Should Gap select a Third Party Vendor to install store Equipment listed on Exhibit C (Pricing), Supplier will provide break/fix services as described in this SOW; however, if a breakage occurs within * of the installation, Supplier’s service call to repair the Equipment will be billable.

On-site Break/Fix Services. The type of Maintenance Services for which Gap has subscribed hereunder entitles Gap to specify the Priority Response Level it requires for On-site Break/Fix Services on a Service Request by Service Request basis, based on the nature and severity of the reported Problem. Descriptions of the different Priority Response Levels and their respective timeframes for On-site Arrival and Problem Resolution Periods are contained in Exhibit B.1 B (Service Level MatrixAgreement). Gap will specify the Priority Response Level it requires during the Service Request call. If Gap does not specify a Priority Response Level during the Service Request call, Supplier will consider the request to be Urgent (T4/C4)Urgent. Supplier will dispatch its CSR(s) for arrival on-site at the affected Covered Location in accordance with the applicable timeframe for On-site Arrival as set forth in Exhibit B.1 B (Service Level MatrixAgreement). Upon arriving at a Gap location, the CSR will inform the Gap store manager on duty of his or her presence and obtain his or her consent to perform the On-site Break/Fix Service. If the manager on duty consents the CSR will carry out the On-site Break/Fix Service in accordance with the applicable timeframe for Problem Resolution Service Level set forth in Exhibit B.111 B (Service Level MatrixAgreement). If the Gap manager on duty does not consent, the CSR will contact Gap Store Support for a final decision about whether to proceed with the On-site Break/Fix Service or to defer it to a Scheduled Call and Gap Store Support shall communicate this decision to the CSR and the Gap manager on duty. If Gap Store Support defers the On-site Break/Fix Service, that Service Call shall be excluded from the measurement of Supplier’s compliance with the Service Levels for the affected * and will be chargeable at the customary hourly rate. If the Supplier CSR defers the Service Call without the approval of Gap Store Support, __________________________ *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Exhibit A.3.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information that Service Call shall be considered a missed SLA for the measurement of Supplier’s compliance with the Service Levels for the affected *month. The Supplier CSR(s) will reload or reconfigure, as necessary, any Software from the appropriate backup media, if available and provided by Gap, to restore the Covered Machine(s) so that it functions in accordance with its Specifications provided that this work is required due to a Covered Machine malfunction. If requested by the IBM Help Desk Gap Store Support personnel the Supplier CSR(s) will stand by on site for up to one hour upon completion of the On-site Break/Fix Service. The Service for the CSR will to call the IBM Help Desk Gap Store Support and for Gap to verify the successful completion of the On-site Break/Fix Service. Upon Service provided Gap promptly after receipt of the call from the CSR the help desk will (i) verify verifies successful completion of the On-site Break/Fix Service, or (ii) inform informs the CSR that the On-site Break/Fix Service has not been successful. If (a) the CSR leaves the Gap site prior to Gap’s verification of successful completion, or (b) the original Problem reported remained unresolved, and (c) Gap places another Service Request with respect to that Problem, then Supplier will use the same trouble ticket for second and any subsequent Service Requests with respect to the same original Problem on the same Covered Machine and the initial Service Request shall be considered unresolved until the Problem is in fact Resolved. The Supplier CSR(s) will report to Supplier and to * the device type, model, serial number and Covered Location of any de-installed * Covered Machine and replacement * Covered Machine installed as part of the On-site Break/Fix Service. An IBM Branded Covered Machine that replaces another of the same model shall retain the same serial number as appropriate. Supplier will record the actual On-site Arrival Period and Problem Resolution Period in Supplier’s call tracking system, which will electronically communicate that information to IBMGap’s Help Desk problem management system. Should Gap select a Third Party Vendor to install store Equipment listed on Exhibit C (Pricing), Supplier will provide break/fix services as described in this SOW; however, if a breakage occurs within * of the installation, Supplier’s service call to repair the Equipment will be billable.