PROVISION OF MAINTENANCE SERVICES. 7.2.1 The Maintenance Services shall apply only in respect of Equipment as set out in the Order Form and any other equipment which it is agreed between the parties in writing shall be included under the Contract for Maintenance Services, which for the purposes of this condition 7 shall be deemed Equipment.
7.2.2 Unless it is otherwise stated on the Order Form that a different level of Service (in terms of response times and hours of attendance) will apply, Guru Technology will use its reasonable endeavours to, within two Business Days of receipt of notification from the Client of a request for the provisions of Maintenance Services and the Equipment being made available, commence during Normal Working Hours all adjustments, repairs and replacements of defective components resulting from fair wear and tear and/or faulty workmanship of Guru Technology and/or materials which in the opinion of Guru Technology are necessary for the proper functioning of the Equipment. Any time period stated in respect of Guru Technology’s obligations under a Contract is not guaranteed nor deemed to be of the essence of the Contract.
7.2.3 Where Guru Technology replaces defective Equipment or part thereof, it shall be entitled to supply serviceable reconditioned items in substitution thereof. These Conditions shall continue to apply to the Equipment embodying such substituted items.
7.2.4 Guru Technology does not warrant that the provision of Maintenance Services (or any additional services supplied pursuant to conditions 7.3.1 and 7.3.2) will ensure that the Equipment and/or Leased Equipment operates without interruption or error.
7.2.5 Subject to spare part availability, Guru Technology shall provide all necessary spare parts (in the reasonable opinion of Guru Technology) required to keep the Equipment and/or Leased Equipment in satisfactory operation. All replaced parts shall become the property of Guru Technology.
7.2.6 Subject to condition 7.3.1, Maintenance Services shall not include the following (the “Excepted Services”):
a) the repair of damage to the Equipment and/or Leased Equipment resulting from accident, neglect or causes other than ordinary use (including failure to observe any instructions supplied by Guru Technology regarding the operation of the Equipment and/or Leased Equipment);
b) repair, labour or materials required as a result of theft, vandalism, fire, lightning, water damage, fluctuations in electrical power supply, unsatisfactory environmental condition...
PROVISION OF MAINTENANCE SERVICES. 20.1. During the Conservation Term and Maintenance Term, as defined below, the Contractor shall provide maintenance services in accordance with the Maintenance Appendix (hereinafter “Maintenance Services”). Without derogating from the above, the Contractor shall, as part of the Maintenance Services, repair all errors, bugs, defects or inconsistencies in the System, including any defect in the interfaces between the System and other ISR Systems, repair and/or replace equipment, and/or materials, and/or parts, as required, including in the event of a decline in the System’s performance, as stipulated in the Specifications, in accordance with the timetable set forth in the Maintenance Appendix for repair of errors. ISR’s determination that a component of equipment, hardware and/or material is defective, shall constitute conclusive evidence of such defect.
PROVISION OF MAINTENANCE SERVICES. The Authority shall provide the Maintenance Services in accordance with applicable law.
PROVISION OF MAINTENANCE SERVICES. Ford Pro agrees to provide the Maintenance Services specified in the Sales Order applicable to such Hardware. During the Maintenance Services Term, Customer promptly will provide Notice to Ford Pro (and concurrently to the Person that provided Installation of the Hardware (each, an “Installer”)) of any Hardware Malfunction. Ford Pro ordinarily will respond to Customer within two (2) business days of receiving such Notice (in each case, during regular business hours of 9:00 a.m. to 5:00 p.m. Eastern Time, Monday to Friday, excluding generally recognized United States holidays). Ford Pro’s obligations under this Section 5(b)(ii) do not include repairing, replacing, monitoring or servicing Hardware that is malfunctioning due to an Installer Error, as determined by Ford Pro in its sole discretion. If an Installer Error occurs and is caused by an Installer other than an Authorized Installer, Ford Pro may, in its reasonable discretion, void its obligation to provide Maintenance Services under the Sales Contract.
PROVISION OF MAINTENANCE SERVICES. This Clause 9.15 shall apply to the provision of the Maintenance Services. The Supplier shall supply the Maintenance Services during the Term in accordance with the specification for maintenance services set out in Schedule 2 of the Framework Agreement or as otherwise set out in the Order Form. The Maintenance Services shall include the provision of spares, replacement parts, consumables, toner and staples and the Supplier shall not be entitled to make any additional charge for the supply of such items, except where expressly set out in the Call Off Order Form. If any of the Goods breaks down and the Supplier is not able to repair the Goods in accordance with the specification and timescales set out in Schedule 2 of the Framework Agreement or as otherwise set out in this Lease Agreement, the Supplier shall, at its own cost, without delay, replace any Goods that are not operational with goods of the same type and upon the same terms as the original Goods. All replacement parts fitted to the Goods and all substitutions for the Goods shall remain the property of the Supplier. Clause 12.14.5 shall not apply to upgrades or improvements to the Goods made in accordance with Clause 9.16. The Supplier shall be entitled to inspect the Goods at any time having given reasonable notice to the Customer. At any time the Customer may upgrade or improve the Goods by replacing component parts (but not the Goods in their entirety) with new or used parts or by installing new software with the prior written consent of the Supplier (such consent not to be unreasonably withheld or delayed). If the Customer upgrades or improves the Goods by replacing component parts of the Goods with new or used component parts or by installing software, such upgrades or improvements shall belong to the Customer and the Customer shall have the option to remove any such replacement parts, or uninstall any software that it has installed, before the Supplier collects the Goods on expiry or earlier termination of the Lease Agreement provided that the removal of such replacement parts shall not damage the Goods and the Customer shall: reinstate the original component parts or re-install the original software; or substitute component parts or install software (where possible from the same manufacturer) reasonably similar to the removed component parts or software; or offer for acceptance by the Supplier in substitution for the removed parts or uninstalled software (such acceptance not to be unreasonabl...
PROVISION OF MAINTENANCE SERVICES. The provision of maintenance services by the Licensor via the website xxx.xxxxxxxxxxxxxx.xxx.
PROVISION OF MAINTENANCE SERVICES. On or before January 7, 2005, NetIQ will (a) pay to Ixia, by wire transfer in immediately available funds, all of NetIQ’s deferred revenues (as of January 1, 2005) related to any Distribution Product Maintenance (the “Deferred Revenues”), and (b) provide to Ixia a detailed accounting for such Deferred Revenues on a customer-by-customer basis (which accounting will specify the amount of Deferred Revenues being provided to Ixia per Chariot Product, and NetIQ’s remaining Distribution Product Maintenance period for each such Chariot Product). Separately, and within 30 days of the Option Effective Date, NetIQ will provide Ixia with reasonable supporting documentation for the accounting of Deferred Revenues such as customer invoices. Subject to all of the foregoing (and NetIQ’s compliance therewith), Ixia agrees as follows:
(i) Beginning on the Amendment Effective Date, Ixia shall provide Chariot Product maintenance services (“Maintenance Services”) to those NetIQ customers who are entitled to receive Distribution Product Maintenance from NetIQ as of the Amendment Effective Date; (ii) Ixia shall provide such Maintenance Services substantially in accordance with the Ixia 12-Month Limited Warranty and Technical Support Services Agreement attached hereto as Exhibit A; and (iii) Ixia shall provide such Maintenance Services for the remaining term of the Distribution Product Maintenance period to which NetIQ is obligated. Notwithstanding the foregoing, Ixia shall not be required to provide Maintenance Services to a specific customer if the amount of Deferred Revenues paid to Ixia pursuant to this Section 3 for that customer does not equal or exceed the greater of: (a) the amounts actually billed (or to be billed) to such customer for any Distribution Product Maintenance that continues beyond December 31, 2004 (which amounts shall be deemed to be eighteen percent (18%) of the corresponding Chariot Products’ July 2003 list prices if such amounts are not listed as separate line items on the corresponding invoice or similarly identified), and (b) fifty percent (50%) of NetIQ’s standard July 2003 list price for such Distribution Product Maintenance (the “Minimum Maintenance Amount”), provided that the amounts paid as Deferred Revenue shall be prorated on a straight-line basis to reflect the portion of the Distribution Product Maintenance term that remains after December 31, 2004. In the event the amount paid by the customer is less than the Minimum Maintenance Amount, Ixia...
PROVISION OF MAINTENANCE SERVICES. This Clause 9.13 shall apply to the provision of the Maintenance Services. The Supplier shall supply the Maintenance Services during the Call Off Contract Period in accordance with the specification for maintenance services set out in Schedule 2 of the Framework Agreement or as otherwise set out in the Call Off Order Form. The Maintenance Services shall include the provision of spares, replacement parts, consumables, toner and staples and the Supplier shall not be entitled to make any additional charge for the supply of such items, except where expressly set out in the Call Off Order Form. If any of the Goods breaks down and the Supplier is not able to repair the Goods in accordance with the specification and timescales set out in Schedule 2 of the Framework Agreement or as otherwise set out in this Call Off Agreement, the Supplier shall, at its own cost, without delay, replace any Goods that are not operational with goods of the same type and upon the same terms as the original Goods. All replacement parts fitted to the Goods and all substitutions for the Goods shall remain the property of the Supplier.
PROVISION OF MAINTENANCE SERVICES. In consideration of the payments to be made to the Vendor, the Vendor agrees to provide the Maintenance Services described in this Agreement with respect to the Software. The location(s) at which the Services shall be performed, and the term of this Agreement, shall be as set forth in Section 5 herein and any schedule attached hereto.
PROVISION OF MAINTENANCE SERVICES. Subject to the exclusions set out in Section 4.2 and 4.3 and the payment by Licensee to the designated 724 Distribution Company of the relevant Maintenance Fees and other charges provided for herein, Licensor and/or its Affiliates or their contractors, agents, employees and representatives that have been approved by Licensee (such approval not to be unreasonably withheld) shall provide to Licensee the Maintenance Services described in Exhibit E in respect of the 724 Technology during the term of the license granted hereunder. Licensee shall obtain Maintenance Services from Licensor or its Affiliates for as long as Licensee uses the Licensed Technology.
