Active Maintenance Clause Samples

The Active Maintenance clause requires one party, typically the service provider or asset owner, to perform ongoing upkeep and repairs to ensure that equipment, property, or systems remain in good working condition throughout the contract term. This may involve regular inspections, prompt attention to faults, and scheduled servicing to prevent breakdowns or deterioration. By mandating continuous maintenance, the clause helps minimize operational disruptions, extends the lifespan of assets, and allocates responsibility for upkeep, thereby reducing disputes over performance and liability.
Active Maintenance. Without limitation of anything in Section 7.3.2, each of Romeo and JV represents, warrants and covenants that the Products or other deliverables that it delivers or to which it contributes do not, and shall not, require the use of any Open Source Software that is not actively maintained. For the purposes of this provision, Open Source Software will be considered to be not actively maintained if: (i) more than a calendar year has passed since the last release that addresses known bugs and/or security vulnerabilities; or (ii) the designer, manufacturer, licensor, or distributor issues an end-of-life notice for the applicable Open Source Software or otherwise publicly acknowledges that it will no longer maintain such Open Source Software; or (iii) the official distribution web site does not list an individual who maintains the Open Source Software; or (iv) the contact information for the maintainer of the Open Source Software is no longer valid; or (v) the maintainer fails to respond to any question or request for security fixes for longer than one calendar month.
Active Maintenance. During the active maintenance period at least one person, our “First Responder,” will answer the Help Center phone during Help Center hours or monitor the Help Center voice mail system on Saturday. When notified of a possible problem with one of the critical services, the First Responder will run tests that will help determine the extent of the outage and isolate the source of the problem. A Help Center Trouble Ticket will be created for the problem During working hours, if the First Responder cannot fix the problem, he or she will refer the problem to second-level Help Desk support personnel. If the second-level Help Desk support person cannot fix the problem, he or she will escalate it on to a specialist in the service area related to the problem. Outside of working hours, if the First Responder cannot fix the problem and the outage is an extensive one affecting more than just a few people, the First Responder will notify the specialist on call in the critical service area related to the problem. If a problem reported outside of working hours is determined to be an isolated one, affecting only one person or just a few people, we probably will wait until the next working day to solve it.