Common use of Technical Support Services Assumptions Clause in Contracts

Technical Support Services Assumptions. For both Technical Assistance and Emergency Recovery the following assumptions will apply: • The Technical Support Services program covers all FWA Hardware and Software (except for Hardware under warranty) installed in Axtel’s network. • Nortel Networks shall provide an annual product software release designed to enhance the functionality of the product and when appropriate it will include solutions to issues raised through the CNR process. The First Market Application of the annual product software release (including REM software upgrades) is further described in Exhibit D of this Agreement. The content of the 2003 annual release is described in Exhibit C to this Agreement. The content of subsequent years’ releases shall be agreed via the bi-monthly Product Enhancement Conferences and by the end of September of the previous year. • In the event that Axtel fails to comply with the requirements described in section 1.1.3 (Axtel Responsibilities for Technical Support), Nortel Networks will advise Axtel of its non-compliance. Nortel Networks and Axtel may then agree upon service to be provided at the then-current time-and-materials basis published by Nortel Networks plus any travel and living expenses incurred. • Nortel Networks, or a skilled, qualified third-party authorized by Nortel Networks, will furnish this service.

Technical Support Services Assumptions. For both Technical Assistance and Emergency Recovery the following assumptions will apply: • * The Technical Support Services program covers all FWA Hardware and Software (except for Hardware under warranty) installed in Axtel’s 's network. • * Nortel Networks shall provide an annual product software release designed to enhance the functionality of the product and when appropriate it will include solutions to issues raised through the CNR process. The First Market Application of the annual product software release (including REM software upgrades) is further described in Exhibit D of this Agreement. The content of the 2003 annual release is described in Exhibit C to this Agreement. The content of subsequent years’ ' releases shall be agreed via the bi-monthly Product Enhancement Conferences and by the end of September of the previous year. • * In the event that Axtel fails to comply with the requirements described in section 1.1.3 (Axtel Responsibilities for Technical Support), Nortel Networks will advise Axtel of its non-compliance. Nortel Networks and Axtel may then agree upon Exhibit B - Description of The Technical Assistance Support Services Agreement for the Provision of Technical Assistance Support services for FWA Equipment -------------------------------------------------------------------------------- service to be provided at the then-current time-and-materials basis published by Nortel Networks plus any travel and living expenses incurred. • * Nortel Networks, or a skilled, qualified third-party authorized by Nortel Networks, will furnish this service.

Technical Support Services Assumptions. For both Technical Assistance and Emergency Recovery the following assumptions will apply: • * The Technical Support Services program covers all FWA Hardware and Software (except for Hardware under warranty) installed in Axtel’s 's network. • * Nortel Networks shall provide an annual product software release designed to enhance the functionality of the product and when appropriate it will include solutions to issues raised through the CNR process. The First Market Application of the annual product software release (including REM software upgrades) is further described in Exhibit D of this Agreement. The content of the 2003 annual release is described in Exhibit C to this Agreement. The content of subsequent years’ ' releases shall be agreed via the bi-monthly Product Enhancement Conferences and by the end of September of the previous year. • * In the event that Axtel fails to comply with the requirements described in section 1.1.3 (Axtel Responsibilities for Technical Support), Nortel Networks will advise Axtel of its non-compliance. Nortel Networks and Axtel may then agree upon Exhibit B - Description of The Technical Assistance Support Services Agreement for the Provision of Technical Assistance Support Services for FWA Equipment -------------------------------------------------------------------------------- service to be provided at the then-current time-and-materials basis published by Nortel Networks plus any travel and living expenses incurred. • * Nortel Networks, or a skilled, qualified third-party authorized by Nortel Networks, will furnish this service.