Common use of SUPPORT AND RESPONSE TIME Clause in Contracts

SUPPORT AND RESPONSE TIME. (i) Licensor shall provide telephone support solely for the reporting and correction of suspected Errors ("Support") Monday through Friday, 9:30 a.m. to 5:30 p.m., Mountain Standard Time, except Licensee holidays ("Maintenance Period"). Licensor will also have personnel on call outside of the Maintenance Period during which time Licensee may request Maintenance Services. Maintenance Services, both in and outside of the Maintenance Period, shall be provided as set forth below. (ii) Licensor shall provide to Licensee, and keep current, a list of persons and telephone numbers ("Calling List") for Licensee to contact for Support. Such Calling List shall include: (1) the first person to contact for the answer or assistance desired, and (2) the persons in successively more responsible or qualified positions to provide the answer or assistance desired. (iii) If Licensee desires Maintenance Services, Licensee shall contact Licensor's telephone Support service in accordance with the Calling List. Licensor shall make best efforts to respond to Licensee's initial telephone call with off-site telephone consultation, assistance and advice relating to Support of the Software within thirty (30) minutes of Licensee's first call for Maintenance Services or, as to requests for assistance not involving suspected Class 1 or 2 Errors made outside of the Maintenance Period, within thirty (30) minutes after the start of the next day occurring during the Maintenance Period and, in any event, Licensor shall respond within two hours of such allowed response times. If Licensor fails to so respond; or if Licensee is unable, after three or more calls within a fifteen (15) minute period, to reach Licensor's telephone Support service; or if the designated person from the Calling List is not available when Licensee makes contact with Licensor to obtain consultation and assistance, then Licensee shall attempt to contact the next more responsible or qualified person on the Calling List until contact is made and a designated person responds to the call. (iv) After Licensee reports a suspected Class 1 or 2 Error, Licensor shall provide a correction or workaround as soon as possible. Licensee shall consult with Licensor to convey the severity of the Error. If Licensor has not diagnosed and corrected a Class 1 or Class 2 Error on the same day as Licensee's initial telephone call, Licensee shall submit to Licensor a listing of output and such other data as Licensor may request and is reasonably available to Licensee in order to reproduce operating conditions similar to those present when Licensee detected such Error. (v) For Class 1 Errors, Licensor shall provide a workaround reasonable in Licensee's judgment, or a correction, in any event within three days after receipt of output or other documentation of such Error. Licensor shall, upon Licensee's request, without limitation, assign fully-qualified technicians to work with Licensee at Licensee's site without interruption (i.e., 24 hours per day) until Licensor provides a workaround reasonable in Licensee's judgment, or a correction. (vi) For Class 2 Errors, Licensor shall provide a workaround reasonable in Licensee's judgment, or a correction, in any event within five days after receipt of output or other documentation of such Error. Licensor shall, upon Licensee's request, without limitation, assign fully-qualified technicians to work with Licensee at Licensee's site during Licensee's regular business hours until Licensor provides a workaround reasonable in Licensee's judgment, or a correction. (vii) For Class 3 Errors, Licensor shall correct such Error by modifying the Software no later than the next update, unless Licensor has scheduled release of such update less than thirty (30) days after Licensee's notice, in which case Licensor shall correct the Error in the following update.