Common use of Response Levels Clause in Contracts

Response Levels. Except as otherwise provided in this Exhibit M, PhaseCom shall be required to respond to service requests within a reasonable time. If and only if ADC has sold Products in commercial quantities to exclusive accounts will PhaseCom be required to meet the service response times set forth in this Section 2. a. Phasecom will respond to service requests initiated by the Buyer in the time frames contained in the following table: -------------------------------------------------------------------- Severity Response Time Targeted Remedy Time -------------------------------------------------------------------- Severity 1 and 2 times are measured in calendar hours 24 hours per day, 7 days per week. Severity 3 and 4 times correspond with standard business hours of the respective parties. b. Subject to Buyer's obligation to provide first-tier maintenance (as defined in Section 5.c. of the Agreement), Phasecom will, once a problem has been identified as originating with the system or device, respond to Buyer within the Response Time (see preceding table) and provide workarounds promptly within the Targeted Remedy Time (see preceding table). For a Severity 1 (see preceding table) network emergency, Phasecom will assign a systems engineer to follow through and report status to Buyer, when information is requested by Buyer, until the problem is resolved. Phasecom will report to Buyer's technical support director any problems received and unresolved by Phasecom according to the following timeframes: i. Severity one: [***] ii. Severity 2: [***] iii. Severity 3: [***] iv. Severity 4: [***] c. Each product change will include a written correction notice to Buyer and a new issuance of software or hardware, or hardware repair, and will be accompanied by documentation as outlined in Exhibit F. d. Phasecom will provide Buyer access to Phasecom technical support engineers via a telephone "Hot Line" to assist Buyer with Severity One and Two Network Emergencies twenty-four (24) hours a day, seven (7) days a week. Phasecom will provide access to Phasecom technical support engineers via a telephone "Hot Line" to assist Buyer with Severity Three and Four problems during Phasecom's normal business hours. e. Phasecom will provide reasonable support services to Buyer during the term of this Agreement at no charge to Buyer. [***] Denotes language for which Vyyo has requested confidential treatment pursuant to the rules and regulations of the Securities Act of 1933, as amended.