Common use of Vendor Assistance Clause in Contracts

Vendor Assistance. (a) Upon receipt of a request for technical assistance from the Owner, the nature of the problem will be iden- tified by the Owner, and a priority assigned by the Owner (upon discussion with the Vendor which in no event will require the agreement and/or consent of the Vendor) as either an emergency or non-emergency condition and resolution thereof will be expedited in accordance with the severity levels set forth be- low. (b) Following attempted corrective actions by the Owner in accordance with applicable Maintenance and Instruction Manuals provided by the Vendor, when the Vendor is notified by the Owner that the System, any PCS System, any PCS Sub-System or any part thereof fails to operate in accordance with the Specifications, the Vendor will promptly commence and diligently pursue all reasonable efforts to identify the Defect or Deficiency and, in the event the Vendor has responsibility therefor, to correct such Defect or Deficiency. (c) The Vendor's correction of such Defects or Deficiencies in the System, any PCS System, any PCS Sub-System, or any part thereof, may take the form of new software codes, new or supplementary operating instructions or procedures, modifications of the software codes in the Owner's possession, or any other commonly used method for correcting Defects or Deficiencies in Software, as the Owner and the Vendor deem appropriate. (d) When appropriate, the Vendor will provide non-emergency technical support to the Owner via telephone, facsimile transmission, modem, or other means acceptable to the Owner during the Owner's normal business hours. (e) The Vendor will provide emergency technical assistance to the Owner via an ETA telephone number designated to the Owner in advance by the Vendor, twenty-four (24) hours per day, three hundred sixty-five (365) days per year. (f) The Vendor will provide remote intervention and assistance capability to the Owner for remotely accessing operating System Elements. Upon mutual agreement between the Parties, the Vendor may remotely access operating System Elements for the purpose of ETA.

Vendor Assistance. (a) Upon receipt of a request for technical ----------------- assistance from the Owner, the nature of the problem will be iden- tified identified by the Owner, and a priority assigned by the Owner (upon discussion with the Vendor which in no event will require the agreement and/or consent of the Vendor) as either an emergency or non-emergency condition and resolution thereof will be expedited in accordance with the severity levels set forth be- lowaccordingly. (b) Following attempted corrective actions by the Owner in accordance with applicable Maintenance and Instruction Manuals provided by the Vendor, when the Vendor is notified by the Owner that the System, any PCS System, any PCS Sub-System or any part thereof fails to operate in accordance with the Specifications, the Vendor will promptly commence and diligently pursue all reasonable efforts to identify correct the Defect or Deficiency and, in the event the Vendor has responsibility therefor, to correct such Defect or Deficiency. (c) The Vendor's correction of such Defects or Deficiencies in the System, any PCS System, any PCS Sub-System, System or any part thereof, thereof may take the form of new software Software codes, new or supplementary operating instructions or procedures, modifications of the software Software codes in the Owner's possession, or any other commonly used method for correcting Software Defects or Deficiencies in SoftwareDeficiencies, as the Owner and the Vendor deem appropriate. (d) When appropriate, the Vendor will provide non-emergency technical support to the Owner via telephone, facsimile transmission, modem, or other acceptable means acceptable to the Owner during the Owner's normal business hours. (e) The Vendor will provide emergency technical assistance to the Owner via an ETA telephone number designated to the Owner in advance by the Vendor, twenty-four (24) hours per day, three hundred sixty-five (365) days per year. (f) The Vendor will provide remote intervention and assistance capability to the Owner for remotely accessing operating System Elements. Upon mutual agreement between the Parties, the Vendor may remotely access operating System Elements for the purpose of ETA.

Vendor Assistance. (a) Upon receipt of a request for technical ----------------- assistance from the Owner, the nature of the problem will be iden- tified identified by the Owner, and a priority assigned by the Owner (upon discussion with the Vendor which in no event will require the agreement and/or consent of the Vendor) as either an emergency or non-emergency condition and resolution thereof will be expedited in accordance with the severity levels set forth be- lowbelow. (b) Following attempted corrective actions by the Owner in accordance with applicable Maintenance and Instruction Manuals provided by the Vendor, when the Vendor is notified by the Owner that the System, any PCS System, any PCS Sub-System or any part thereof fails to operate in accordance with the Specifications, the Vendor will promptly commence and diligently pursue all reasonable efforts to identify the Defect or Deficiency and, in the event the Vendor has responsibility therefor, to correct such Defect or Deficiency. (c) The Vendor's correction of such Defects or Deficiencies in the System, any PCS System, any PCS Sub-System, System or any part thereof, thereof may take the form of new software codes, new or supplementary operating instructions or procedures, modifications of the software codes in the Owner's possession, or any other commonly used method for correcting Defects or Deficiencies in Software, as the Owner and the Vendor deem appropriate. (d) When appropriate, the Vendor will provide non-emergency technical support to the Owner via telephone, facsimile transmission, modem, or other means acceptable to the Owner during the Owner's normal business hours. (e) The Vendor will provide emergency technical assistance to the Owner via an ETA telephone number designated to the Owner in advance by the Vendor, twenty-four (24) hours per day, three hundred sixty-five (365) days per year. (f) The Vendor will provide remote intervention and assistance capability to the Owner for remotely accessing operating System Elements. Upon mutual agreement between the Parties, the Vendor may remotely access operating System Elements for the purpose of ETA.