Common use of Maintenance and Support Services Clause in Contracts

Maintenance and Support Services. If this Agreement is for IT goods or services, this section applies: Unless otherwise specified in this Agreement: The Contractor shall promptly provide the Court with all Upgrades, including without limitation: (i) all Upgrades generally made available by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies with the Specifications and Applicable Law (including changes in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases of the Court’s operating system or database platform; and (iv) all on-site services necessary for installation of Upgrades. Without limiting any other obligation of Contractor under this Agreement, Contractor represents and warrants that it will maintain services, equipment, software or any other part of the Work so that they operate in accordance with their Specifications and Documentation; and The Contractor shall respond to the Court within four (4) hours after the Court reports a Technical Support Incident (such hours all occurring during Standard M&S Hours) to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests in the Court upon payment of the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheets.

Maintenance and Support Services. If this Agreement is for IT goods or services, this section applies: Unless otherwise specified in For purposes of this Agreement, "Maintenance and Support" means that ABT will: The Contractor shall promptly (a) use reasonably diligent efforts to correct and resolve Errors that ABT/UK reports to ABT in accordance with the escalation procedures set forth in Attachment F and (b) provide the Court with all Error Corrections, Updates and Upgrades, including without limitation: (i) all Upgrades generally made available if any, to the Software, Business Procedures and Documentation that ABT releases during the current period covered by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies Minimum Maintenance Fee, in accordance with the Specifications and Applicable Law (including changes in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases of the Court’s operating system or database platformSection 2.6; and (ivc) all onup to twenty-site five hundred (2,500) hours of technical support per year, in English, pursuant to the escalation procedures in Attachment F, and the software development resource commitment guidelines in Attachment G. The parties acknowledge that such technical support services necessary for installation may be applied to any Services performed by ABT pursuant to the Services Agreement in Attachment D and will not include any time spent by ABT to create or provide Error Corrections, Updates, or Upgrades, or to provide telephone support related thereto, except as mutually agreed in a Work Order as specified in Attachment D. ABT shall provide ABT/UK with a monthly report of Upgrades. Without limiting any other obligation the hours of Contractor technical support provided by ABT under this AgreementSection 6.2. Each month, Contractor represents ABT shall invoice ABT/UK in arrears for Fees for any Maintenance and warrants that it will maintain services, equipment, software or any other part Support services in excess of one-twelfth of the Work so that they operate allotted twenty-five hundred (2,500) hours for the year, in accordance with their Specifications and Documentation; and The Contractor shall respond reasonable detail showing such additional hours to the Court within four nearest quarter hour, and Customer shall pay such Fees no later than fifteen (415) hours days after the Court reports invoice date. Any such additional Maintenance and Support services will be billed at a Technical Support Incident (rate equal to [*] per hour. ABT may increase such hours all occurring during Standard M&S Hours) rate after the first year of the Term, in proportion to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests any increase in the Court upon payment of Consumer Price Index over the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheetsprevious year.