Maintenance Services Clause Samples
The Maintenance Services clause defines the obligations and scope of ongoing support and upkeep provided by one party for equipment, software, or property covered under the agreement. Typically, it outlines the types of maintenance included, such as routine inspections, repairs, updates, or replacements, and may specify response times, service levels, and any exclusions. This clause ensures that the subject of the contract remains in good working order, minimizing downtime and clarifying responsibilities for both parties.
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Maintenance Services. Subject to Client’s timely payment of the applicable maintenance fees, Accenture will make available the following maintenance services (“Maintenance Services”):
Maintenance Services. The ES&S Hardware Maintenance Services to be provided to Customer under this Agreement for the ES&S Hardware set forth on Schedule A1 (the “Products”) shall be subject to the following terms and conditions:
Maintenance Services. 8.1 With effect from the Commencement Date, for the duration of this Agreement and subject to payment of the Licence Fee by the Customer, SDSD provide in respect of each of the Product such level of Maintenance Services as shall be indicated in the Proposal.
8.2 The Maintenance Services will be provided during the Maintenance Hours. All time spent in providing any Maintenance Services outside the Maintenance Hours will incur additional Charges which will be invoiced to the Customer in the manner set out in clause 8.11.
8.3 SDSD use its reasonable endeavours to provide the Maintenance Services promptly having regard to the availability of personnel, necessary supplies and facilities and commitments to other customers but any dates quoted for commencement or completion of any part of the Maintenance Services are estimates only and time will not be of the essence of this Agreement.
8.4 Maintenance Services shall comprise any or all of the following:
8.4.1 advice by telephone or email on the Use of the Product;
8.4.2 information and advice by telephone or email on forthcoming new Releases of the Product;
8.4.3 upon request by the Customer the diagnosis of faults in the Product and the rectification of such faults (remotely or by attendance at the Location as determined by SDSD) by the issue of fixes in respect of the Product [and the making of all necessary consequential amendments (if any) to the Documentation];
8.4.4 the creation and despatch to the Customer from time to time at the SDSD’s sole discretion of fixes in respect of the Product;
8.4.5 the creation and despatch to the Customer from time to time at SDSD’s sole discretion of a new Release of the Product or a new version of the Documentation.
8.5 Any corrected or modified versions of the Product or Documentation or new Releases of the Product supplied to the Customer pursuant to the Maintenance Services will be deemed to form part of the Licensed Materials and be subject to this Agreement.
8.6 The Customer shall:-
8.6.1 use only the Current Release;
8.6.2 not alter, adapt or modify the Product in any way nor permit the Product to be combined with any other programs;
8.6.3 reasonably co-operate with SDSD’s personnel in the diagnosis, investigation and correction of any fault in the Product;
8.6.4 provide SDSD with dedicated 24-hour remote diagnostic access to the Equipment. The type of access and line speed provided by the Customer for this purpose shall be approved by SDSD. Any costs and charges incu...
Maintenance Services. Provider shall perform, or cause to be performed, Planned Maintenance Services and Unplanned Maintenance Services (together, “Maintenance Services”) as described herein.
(i) Planned Maintenance Services shall be identified in the Annual Maintenance Plan and shall consist of the following (“Planned Maintenance Services”):
(1) Periodic inspection, testing, and monitoring of the Transmission Facilities, Leased Site and Structural Improvements;
(2) At the Substation Upgrade Facilities, activities required by the Sugar Loaf 345 kV Substation Stormwater Prevention Pollution Plan (SWPPP), the Sugar Loaf 345 kV Substation Spill Prevention, Control and Countermeasure Plan (SPCC), NERC standards, NPCC requirements, and any other activities required by regulators or applicable Law;
(3) Scheduling and conducting preventive and corrective maintenance in accordance with Section 2.08 of the Transco/NYISO Operating Agreement;
(4) Compiling and maintaining records and reports related to preventive and corrective maintenance activities; and
(5) Performing vegetation management or other work related to maintaining the Leased Site as required of Owner pursuant to the Lease.
(ii) Unplanned Maintenance Services are Maintenance Services that are not identified in the Annual Maintenance Plan but are required to be performed pursuant to Good Utility Practice (the “Unplanned Maintenance Services”) and may consist of the following:
(1) Repairing of damaged Transmission Facilities that are not in the Annual Maintenance Plan but may compromise safety or reliability if unaddressed;
(2) Conducting any Remediation, restoration or corrective action in connection with any Release or compliance with Environmental Law, in each case, to the extent attributable caused by or directly relating to the Transmission Facilities;
(iii) Performing such other actions that are incidental to the foregoing or otherwise necessary to comply with applicable Law, including Environmental Law, or as Owner and Provider shall mutually agree. Any request by Owner or Provider for additional maintenance services shall be made by delivery of a work order in the form set forth as Exhibit E attached hereto. Prior to performing any Substantial Unplanned Maintenance Service, Provider shall, to the extent practicable, provide Owner with a description of the Substantial Unplanned Maintenance Service that it proposes to undertake, the resources needed to carry out the work, a schedule for the work, a good faith estimated co...
Maintenance Services. If ordered, Maintenance Services are provided in accordance with Provider's then current Support Guide available on Provider's Support Site at ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/essentials/support-guide which describes the Maintenance Services, including support offering levels, severity levels, response times, and contact information. The time period during which Customer is entitled to receive Maintenance Services is the “Maintenance Period.” The Support Guide is incorporated in this Agreement and subject to change at Provider’s discretion; however, Provider will not materially reduce the level of technical support services provided during a paid support period. As part of the Maintenance Services Provider will (i) make available new releases and corrections of the Software when Provider makes them generally available to its supported customers at no additional license fee, and (ii) provide technical support for issues that are demonstrable in the currently supported release(s) of the Software. Maintenance Services fees are due and payable annually in advance of a support period. Except for non-perpetual Licenses (for which the Maintenance Period is equal to the duration of the License) and unless otherwise stated in the Order, each License includes an initial Maintenance Period beginning on the date of the initial delivery of the Software following an Order and lasting for twelve (12) months thereafter. The Maintenance Period for perpetual Licenses will automatically renew for additional terms of 12 months, at the prices stated on a Maintenance Services renewal Quotation provided by Provider, unless the renewal has been cancelled by either party with at least sixty (60) days prior written notice (email is sufficient). Maintenance Services must be ordered for all copies of each licensed Product and may not be purchased for a subset of licenses of a Product only. The procedure and fees for reinstating Maintenance Services for Software after it has lapsed is posted on the Support Site.
Maintenance Services.
A. Ordering
Maintenance Services. 4.1 The Provider shall provide the Maintenance Services to the Customer during the Term.
4.2 The Provider shall where practicable give to the Customer at least 5 Business Days' prior written notice of scheduled Maintenance Services that are likely to affect the availability of the Hosted Services or are likely to have a material negative impact upon the Hosted Services, without prejudice to the Provider's other notice obligations under this main body of this Agreement.
4.3 The Provider shall give to the Customer at least 5 Business Days' prior written notice of the application of an Upgrade to the Platform.
4.4 The Provider shall give to the Customer written notice of the application of any security Update to the Platform and at least 5 Business Days' prior written notice of the application of any non-security Update to the Platform.
4.5 The Provider shall provide the Maintenance Services with reasonable skill and care.
4.6 The Provider may suspend the provision of the Maintenance Services if any amount due to be paid by the Customer to the Provider under this Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
Maintenance Services. Maintenance Services include
1.1 bug-fixing ("Support Services"); and
1.2 Issuing new Releases of the Software
Maintenance Services. Capability to provide technical support, software maintenance, flexible hardware coverage, and smart, proactive device diagnostics for hardware.
Maintenance Services. 6.1 The Licensor shall provide the Maintenance Services to the User [during the Term].
6.2 The Licensor shall provide the Maintenance Services [with reasonable skill and care] OR [in accordance with the standards of skill and care reasonably expected from a leading service provider in the Licensor's industry] OR [[specify standard(s)]].
6.3 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the Licensor will not introduce any Software Defects into the Software.
6.4 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the User in accordance with the instructions of the Licensor will not introduce any Software Defects into the Software.
6.5 The Licensor may suspend the provision of the Maintenance Services if any amount due to be paid by the User to the Licensor under this ▇▇▇▇ is overdue, and the Licensor has given to the User at least [30 days'] written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
6.6 [Either party may terminate the Maintenance Services by giving to the other party] OR [The Licensor may terminate the Maintenance Services by giving to the User] OR [The User may terminate the Maintenance Services by giving to the Licensor] at least [30 days'] written notice[ expiring on or at any time after the first anniversary of the Effective Date].
6.7 If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to the Software to its customers generally, then the Licensor may terminate the Maintenance Services by giving at least [90 days'] written notice of termination to the User.
6.8 If the Maintenance Services are terminated in accordance with the provisions of this Clause 6:
(a) the User must pay to the Licensor any outstanding Charges in respect of Maintenance Services provided to the User before the termination of the Maintenance Services;
(b) the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Maintenance Services that were to be provided to the User after the termination of the Maintenance Services; and
(c) the provisions of this Clause 6, excluding this Clause 6.8, shall cease to apply, but the other provisions of this ▇▇▇▇ will continue notwithstanding such termination.