Common use of MAINTENANCE SERVICE Clause in Contracts

MAINTENANCE SERVICE. 1.1. NEX-TECH agrees to provide, or causes to be provided, to CUSTOMER, Maintenance Service during the Service Period specified on the Sales Order and attached Appendices to keep the Covered Component(s) in, or restore the Covered Component(s) to, good working order. Maintenance Service may be provided by Remote Service or Proactive Service on Covered Component(s). 1.2. The Maintenance Service obligations described herein extend only to the hardware and software Covered Component(s) listed in the Sales Order and located at the CUSTOMER’s site(s). 1.3. Priority Response Time during normal business hours will be within four (4) hours of the service request. NEX-TECH will achieve this service level with a minimum 80% success rate. 1.4. Twenty-four (24) hour support will be provided only if CUSTOMER has selected the corresponding service level selection in the Sales Order. 1.5. In the event any Covered Component is found to contain upgrades or non-standard manufacturer's components or add-ons, and such upgraded components or add-ons were not previously identified by CUSTOMER on the Sales Order, the cost of repairs, adjustments or parts required to restore such Covered Component(s) to good operating condition will be charged to CUSTOMER at NEX-TECH’s then-current Time and Material Rates. NEX-TECH shall have the right to adjust the Service Charges for such Covered Component(s) for the remaining term of this Agreement. 1.6. The NEX-TECH then-current Time and Material Rates shall apply to services which: (1) are beyond the scope of Maintenance Services, (2) are beyond the Service Period specified on the Sales Order, unless 24x7 support has been purchased by CUSTOMER, any service(s) outside of the Service Period (Monday - Friday, excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day) or outside of the Service Hours (8 a.m. – 5 p.m. CT), (3) are performed on equipment not covered hereunder, (4) represent remedial or repair services to Covered Component(s) as a result of, for example, the following: damage caused by water, wind, lightning, accident, vandalism or burglary; neglect or misuse; alterations and deviations from the manufacturer's design; acts of non-NEX-TECH independent contractors or representatives; transportation or relocation of Covered Component(s); the failure of non-covered components if adversely affecting and connected to Covered Component(s), (5) relate to installation of any form of engineering change, enhancement model conversion or other requested non-covered service, or (6) are due to operator error. 1.7. In the event of additional equipment needs outside the scope of the original solution, only equipment either purchased from or previously approved in writing by NEX-TECH shall be supported. Service provided in support of equipment not meeting one of the two previous requirements shall result in the application of NEX-TECH’s then-current Time and Material Rates. 1.8. In the event a manufacturer of any Covered Component(s) or software chooses not to support its product, NEX-TECH reserves the right to replace the equipment with like equipment that is supported by its manufacturer. 1.9. Should Covered Component(s) fail, NEX-TECH shall either fix said component or replace it with like equipment. Failure means a malfunction or problem of Covered Component(s) resulting in significant loss of business productivity.

MAINTENANCE SERVICE. 1.1. NEX-TECH agrees to provide, or causes to be provided, to CUSTOMER, Maintenance Service during the Service Period specified on the Sales Order or Service Agreement and attached Appendices to keep the Covered Component(s) in, or restore the Covered Component(s) to, good working order. Maintenance Service may be provided by Remote Service or Proactive Service on Covered Component(s). 1.2. The Maintenance Service obligations described herein extend only to the hardware and software Covered Component(s) listed in the Sales Order or Service Agreement and located at the CUSTOMER’s site(s). 1.3. Priority Response Time during normal business hours will be within four (4) hours of the service request. NEX-TECH will achieve this service level with a minimum 80% success rate. NEX-TECH will respond in a timely fashion to any service outages in order to determine needed repairs. Based upon structural, physical or environmental situation, a restoration plan will be discussed with CUSTOMER, and timelines will be established. There may be, at times, situational events that may cause a prolonged outage, and alternate, temporary options may be discussed with CUSTOMER. NEX-TECH will not place its employees or facilities in jeopardy unnecessarily for non-critical services. 1.4. Twenty-four (24) hour support will be provided only if CUSTOMER has selected the corresponding service level selection in the Sales OrderOrder or Service Agreement. Terms of support will be defined specific to the Sales Order or Service Agreement. 1.5. In the event any Covered Component is found to contain upgrades or non-standard manufacturer's ’s components or add-ons, and such upgraded components or add-ons were not previously identified by CUSTOMER on the Sales OrderOrder or Service Agreement, the cost of repairs, adjustments or parts required to restore such Covered Component(s) to good operating condition will be charged to CUSTOMER at NEX-TECH’s then-current Time and Material Rates. NEX-TECH shall have the right to adjust the Service Charges for such Covered Component(s) for the remaining term of this Agreement. 1.6. The NEX-TECH then-current Time and Material Rates shall apply to services which: (1) are beyond the scope of Maintenance Services, (2) are beyond the Service Period specified on the Sales OrderOrder or Service Agreement, unless 24x7 support has been purchased by CUSTOMER, any service(s) outside of the Service Period (Monday - Friday, excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day) or outside of the Service Hours (8 a.m. – 5 p.m. CT), (3) are performed on equipment not covered hereunder, (4) represent remedial or repair services to Covered Component(s) as a result of, for example, the following: damage caused by water, wind, lightning, accident, vandalism or burglary; neglect or misuse; alterations and deviations from the manufacturer's ’s design; acts of non-NEX-TECH independent contractors or representatives; transportation or relocation of Covered Component(s); the failure of non-covered components if adversely affecting and connected to Covered Component(s), (5) relate to installation of any form of engineering change, enhancement model conversion or other requested non-covered service, or (6) are due to operator error. 1.7. In the event of additional equipment needs outside the scope of the original solution, only equipment either purchased from or previously approved in writing by NEX-TECH shall be supported. Service provided in support of equipment not meeting one of the two previous requirements shall result in the application of NEX-TECH’s then-current Time and Material Rates. 1.8. In the event a manufacturer of any Covered Component(s) or software chooses not to support its product, NEX-TECH reserves the right to replace the equipment with like equipment that is supported by its manufacturer. 1.9. Should Covered Component(s) fail, NEX-TECH shall either fix said component or replace it with like equipment. Failure means a malfunction or problem of Covered Component(s) resulting in significant loss of business productivity.

MAINTENANCE SERVICE. 1.1. NEX-TECH agrees to provide, or causes to be provided, to CUSTOMER, Maintenance Service during the Service Period specified on the Sales Order and attached Appendices to keep the Covered Component(s) in, or restore the Covered Component(s) to, good working order. Maintenance Service may be provided by Remote Service or Proactive Service on Covered Component(s). 1.2. The Maintenance Service obligations described herein extend only to the hardware and software Covered Component(s) listed in the Sales Order and located at the CUSTOMER’s site(s). 1.3. Priority Response Time during normal business hours will be within four (4) hours of the service request. NEX-TECH will achieve this service level with a minimum 80% success rate. NEX-TECH will respond in a timely fashion to any service outages in order to determine needed repairs. Based upon structural, physical, or environmental situation, a restoration plan will be discussed with CUSTOMER, and timelines will be established. There may be, at times, situational events that may cause a prolonged outage, and alternate, temporary options may be discussed with CUSTOMER. NEX-TECH will not place its employees or facilities in jeopardy unnecessarily for non-critical services. 1.4. Twenty-four (24) hour support will be provided only if CUSTOMER has selected the corresponding service level selection in the Sales Order. Terms of support will be defined specific to the Sales Order. 1.5. In the event any Covered Component is found to contain upgrades or non-standard manufacturer's components or add-ons, and such upgraded components or add-ons were not previously identified by CUSTOMER on the Sales Order, the cost of repairs, adjustments or parts required to restore such Covered Component(s) to good operating condition will be charged to CUSTOMER at NEX-TECH’s then-current Time and Material Rates. NEX-TECH shall have the right to adjust the Service Charges for such Covered Component(s) for the remaining term of this Agreement. 1.6. The NEX-TECH then-current Time and Material Rates shall apply to services which: (1) are beyond the scope of Maintenance Services, (2) are beyond the Service Period specified on the Sales Order, unless 24x7 support has been purchased by CUSTOMER, any service(s) outside of the Service Period (Monday - Friday, excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day) or outside of the Service Hours (8 a.m. – 5 p.m. CT), (3) are performed on equipment not covered hereunder, (4) represent remedial or repair services to Covered Component(s) as a result of, for example, the following: damage caused by water, wind, lightning, accident, vandalism or burglary; neglect or misuse; alterations and deviations from the manufacturer's design; acts of non-NEX-TECH independent contractors or representatives; transportation or relocation of Covered Component(s); the failure of non-covered components if adversely affecting and connected to Covered Component(s), (5) relate to installation of any form of engineering change, enhancement model conversion or other requested non-covered service, or (6) are due to operator error. 1.7. In the event of additional equipment needs outside the scope of the original solution, only equipment either purchased from or previously approved in writing by NEX-TECH shall be supported. Service provided in support of equipment not meeting one of the two previous requirements shall result in the application of NEX-TECH’s then-current Time and Material Rates. 1.8. In the event a manufacturer of any Covered Component(s) or software chooses not to support its product, NEX-TECH reserves the right to replace the equipment with like equipment that is supported by its manufacturer. 1.9. Should Covered Component(s) fail, NEX-TECH shall either fix said component or replace it with like equipment. Failure means a malfunction or problem of Covered Component(s) resulting in significant loss of business productivity.