Common use of Problem Priorities Clause in Contracts

Problem Priorities. Problem shall be classified into one of the three (3) following categories for issues related to trouble reports (Major, Minor, and Query). Additional to the Priorities of fault reports, a Critical category will be used to identify a System in a very critical situation. The importance and urgency of a fault or error will be specified in accordance with the following priorities. The priority levels 1 to 3 and response times are defined as follows: 3.5.1.1 Critical Critical Problems are those that result in: * A total System failure that results in the loss of all transaction processing capability (e.g., call processing, data transmission) * Significant reduction in capacity or traffic handling capability * Any loss of safety or emergency capabilities * Loss of Systems ability to perform automatic System reconfiguration * Inability to restart a processor or the System * System related loss or severe degradation Unisphere of one or more primary rate/aggregate spans or connections * Loss of access for maintenance or recovery operations * Loss of the System's ability to provide any required Emergency or Major trouble notification * Total loss of a material feature or functionality that impacts the operation of the Product If Siemens cannot restore the System and all relevant HW is already changed, Siemens will escalate the problem to Unisphere and Unisphere will respond to the Emergency case in one hour at all times (times outside of the Business Day may be subject to personnel on call via pager). ------------------------------------------------------------------------- Emergency Phone-Numbers: 978-▇▇▇-▇▇▇▇ (during Business hours) ----------------------------------------------- 978-▇▇▇-▇▇▇▇ (outside Business hours) ------------------------------------------------------------------------- Unisphere will restore the affected Product as soon as possible. 3.5.1.2 Major Major Problems are those that result in: * Emergency problems in which there is an acceptable work around in place * Degradation in capacity or traffic handling capability * Degradation of System ability to perform automatic System reconfiguration * Difficulty restarting a processor or the System * Any loss of functional visibility and/or diagnostic capability * Short System outages, whose duration accumulates to greater than 2 minutes in any 24 hour period, or that continue to repeat during longer periods * Prevention of access for routine administrative activity * Significant degradation of the System's ability to provide any required Emergency or Major Trouble notification * Degradation of network management functions