Common use of Support Obligations Clause in Contracts

Support Obligations. Company shall: 2.1 Correct any failure of the Product to perform in accordance with the Specifications and provide such services and repairs required to maintain the Product so that it operates properly, in accordance with the Specifications. 2.2 Provide unlimited telephone support twenty-four (24) hours a day, seven (7) days a week. 2.3 Provide monthly support usage, incident reports and Company’s compliance with the response time service levels, below. 2.4 Respond to Priority Levels, achieve the required Service Levels, and provide the remedies set forth in Service Levels. 2.5 In the event any Priority One Issue or Priority Two Issue occurs during the Term, Company shall promptly investigate the root causes of such Service Level Failure and shall provide to Saint Luke’s within four (4) hours for Priority One and within one (1) day for Priority Two after knowledge of such Service Level Failure an analysis of such root causes and a proposed corrective action plan for Saint Luke’s review, comment and approval (the “Corrective Action Plan”). The Corrective Action Plan shall include, at a minimum: (i) a commitment by Company to Saint Luke’s to devote the appropriate time, skilled personnel, systems support and equipment, and/or resources to remedy, and prevent any further occurrences of, the Service Level Failure; (ii) a strategy for developing any programming/Product updates, fixes, patches, etc. necessary to remedy, and prevent any further occurrences of, the Service Level Failure; and (iii) time frames for implementation of the Corrective Action Plan. There shall be no additional charge (other than those fees set forth in the Agreement) for Company’s implementation of such Corrective Action Plan in the time frames and manner set forth in the Corrective Action Plan. In addition to the foregoing, Company will participate in Saint Luke’s problem management processes and participate in technical support lines or problem management resolution processes, including post mortem analyses. Company shall establish a defined internal escalation process. Company shall not require named contacts for Saint Luke’s personnel contacting Company’s help desk. Company shall provide telephonic support through an operations center available 7x24x365. 2.6 As contemplated in the Agreement, Company may from time to time make material enhancements and changes to Products. In the event of such enhancements or changes, (i) the new version of the Product will include at least the functionality, level or quality of services that Saint Luke’s previously received and shall continue to comply with the Specifications, and (ii) Saint Luke’s shall be provided, at least sixty (60) days in advance of any such changes, written notice and a demonstration of such changes. If such advanced demonstration reveals material adverse effects on functionality or operation of the Product, including, but not limited to, a failure to comply with the requirements of this Agreement, or compatibility with Saint Luke’s business or regulatory requirements, then Saint Luke’s may in its sole discretion reject such changes and remain on the current version of the Product for the remainder of the Term and continue to receive Support Services as required hereunder.

Support Obligations. Company shall: 2.1 Correct any failure of the Product to perform in accordance with the Specifications and provide such services and repairs required to maintain the Product so that it operates properly, in accordance with the Specifications. 2.2 Provide unlimited telephone support twenty-four (24) hours a day, seven (7) days a week. 2.3 Provide monthly support usage, incident reports and Company’s compliance with the response time service levels, below. 2.4 Respond to Priority Levels, achieve the required Service Levels, and provide the remedies set forth in Service Levels. 2.5 In the event any Priority One Issue or Priority Two Issue occurs during the Term, Company shall promptly investigate the root causes of such Service Level Failure and shall provide to Saint Luke’s within four (4) hours for Priority One and within one (1) day for Priority Two after knowledge of such Service Level Failure an analysis of such root causes and a proposed corrective action plan for Saint Luke’s review, comment and approval (the “Corrective Action Plan”). The Corrective Action Plan shall include, at a minimum: (i) a commitment by Company to Saint Luke’s to devote the appropriate time, skilled personnel, systems support and equipment, and/or resources to remedy, and prevent any further occurrences of, the Service Level Failure; (ii) a strategy for developing any programming/Product updates, fixes, patches, etc. necessary to remedy, and prevent any further occurrences of, the Service Level Failure; and (iii) time frames for implementation of the Corrective Action Plan. There shall be no additional charge (other than those fees set forth in the Agreement) for Company’s implementation of such Corrective Action Plan in the time frames and manner set forth in the Corrective Action Plan. In addition to the foregoing, Company will participate in Saint Luke’s problem management processes and participate in technical support lines or problem management resolution processes, including post mortem analyses. Company shall establish a defined internal escalation process. Company shall not require named contacts for Saint Luke’s personnel contacting Company’s help desk. Company shall provide telephonic support through an operations center available 7x24x365. 2.6 As contemplated in the Agreement, Company may from time to time make material enhancements and changes to Software and/or Products. In the event of such enhancements or changes, (i) the new version of the Product or Software will include at least the functionality, level or quality of services that Saint Luke’s previously received and shall continue to comply with the Specifications, and (ii) Saint Luke’s shall be provided, at least sixty (60) days in advance of any such changes, written notice and a demonstration of such changes. If such advanced demonstration reveals material adverse effects on functionality or operation of the Software/Product, including, but not limited to, a failure to comply with the requirements of this Agreement, or compatibility with Saint Luke’s business or regulatory requirements, including without limitation hardware, software or browser configurations, then Saint Luke’s may in its sole discretion reject such changes and remain on the current version of the Software/Product for the remainder of the Term and continue to receive Support Services as required hereunder. During the Term, Saint Luke’s shall receive access to all new versions, releases, updates, enhancements of the Software at no additional charge. Company shall promptly furnish Saint Luke’s all such new versions, releases, updates, enhancements of Software.

Support Obligations. Company shall: 2.1 Correct any failure of the Product Equipment to perform in accordance with the Specifications and provide such services and repairs required to maintain the Product Equipment so that it operates properly, in accordance with the Specifications. 2.2 Provide unlimited telephone support twenty-four (24) hours a day, seven (7) days a week. 2.3 Provide monthly support usage, incident reports and Company’s compliance with the response time service levels, below. 2.4 Respond to Priority Levels, achieve the required Service Levels, and provide the remedies set forth in Service Levels. 2.5 In the event any Priority One Issue or Priority Two Issue occurs during the Term, Company shall promptly investigate the root causes of such Service Level Failure and shall provide to Saint Luke’s within four (4) hours for Priority One and within one (1) day for Priority Two after knowledge of such Service Level Failure an analysis of such root causes and a proposed corrective action plan for Saint Luke’s review, comment and approval (the “Corrective Action Plan”). The Corrective Action Plan shall include, at a minimum: (i) a commitment by Company to Saint Luke’s to devote the appropriate time, skilled personnel, systems support and equipment, and/or resources to remedy, and prevent any further occurrences of, the Service Level Failure; (ii) a strategy for developing any programming/Product Equipment updates, fixes, patches, etc. necessary to remedy, and prevent any further occurrences of, the Service Level Failure; and (iii) time frames for implementation of the Corrective Action Plan. There shall be no additional charge (other than those fees set forth in the Agreement) for Company’s implementation of such Corrective Action Plan in the time frames and manner set forth in the Corrective Action Plan. In addition to the foregoing, Company will participate in Saint Luke’s problem management processes and participate in technical support lines or problem management resolution processes, including post mortem analyses. Company shall establish a defined internal escalation process. Company shall not require named contacts for Saint Luke’s personnel contacting Company’s help desk. Company shall provide telephonic support through an operations center available 7x24x365. 2.6 As contemplated in the Agreement, Company may from time to time make material enhancements and changes to ProductsSoftware and/or Equipment. In the event of such enhancements or changes, (i) the new version of the Product Equipment or Software will include at least the functionality, level or quality of services that Saint Luke’s previously received and shall continue to comply with the Specifications, and (ii) Saint Luke’s shall be provided, at least sixty (60) days in advance of any such changes, written notice and a demonstration of such changes. If such advanced demonstration reveals material adverse effects on functionality or operation of the ProductSoftware/Equipment, including, but not limited to, a failure to comply with the requirements of this Agreement, or compatibility with Saint Luke’s business or regulatory requirements, including without limitation hardware, software or browser configurations, then Saint Luke’s may in its sole discretion reject such changes and remain on the current version of the Product Software/Equipment for the remainder of the Term and continue to receive Support Services as required hereunder. During the Term, Saint Luke’s shall receive access to all new versions, releases, updates, enhancements of the Software at no additional charge. Company shall promptly furnish Saint Luke’s all such new versions, releases, updates, enhancements of Software.