2007/01/03 Council Agenda Packet

veri on MAINTENANCE SERVICES EXHIBIT Voice Equipment Maintenance In addition to the terms and conditions of the Agreement,the following terms and conditions apply to voice equipment maintenance services. Verizon will provide the voice equipment maintenance service identified in the applicable quote or Equipment Description and the Service Description(s)attached hereto and incorporated herein("VM Service").Verizon reserves the right to modify the Service Description from time to time. Such modifications would be presented to Customer at the time of renewal.Service Descriptions are available from Customer's Verizon account representative. 1. Term and Termination. 1.1 VM Service for equipment sold with a warranty begins at the end of the warranty period. VM Service for equipment sold without a warranty begins on the In-Service Date. VM Service for equipment not sold or installed by Verizon begins upon activation. VM Service shall remain in effect for the period set forth on Page 2 of the Agreement,and shall automatically renew for additional one(1)year terms at the then current undiscounted rate,unless terminated in accordance with this Exhibit or the Agreement("Term"). 1.2 Customer may terminate the VM Service upon not less than sixty(60)days prior written notice.If Customer has pre- paid the VM Service and terminates such prior to the end of the Term,Customer will be reimbursed for the unused portion of the VM Service,less any discount received. 1.3 VM Service includes maintenance for additions to the System,which are purchased from and installed by Verizon during the term of the Agreement. If Customer purchases VM Service and,during the term of the Agreement, purchases from Verizon an addition(s)to the System and Verizon installs such addition(s),the Verizon warranty,if any, for such addition(s)shall run until the first VM Service renewal date,so that the warranty period for the addition(s)will be coterminous with the VM Service. 1.4 Verizon may terminate the VM Services upon sixty(60)days written notice prior to the end of the then current Term. 2. Maintenance Plans. Once on-site maintenance has begun,it will continue uninterrupted during the hours for the VM Service as set forth in the applicable Service Description. Upon Customer's written request,Verizon will continue the maintenance activity beyond the plan hours;provided however,labor provided outside of Plan Hours will be billed at Verizon's then current time and material labor rates. 3. Major/Minor System Failure. Verizon will respond to major.System failures within the time specified in the applicable Service Description. A major System failure is limited to one or more of the following: 3.1 Total inability to originate voice communications. 3.2 Total inability to receive and process incoming voice communications. - - - - - - 3.3 In a multi-point network in which eachpoint has a defined street address,the total inability to originate;receive and process incoming and outgoing voice communications. 3.4 Attendant console and/or night answer position failure. - --- 3.5 Twenty percent(20%)or more of the trunk-side ports out of service. 3.6 Twenty percent(20%)or more of the line-side stations and/or ports out of service. 3.7 Failure of thePBXsystem interface connecting to a-call accounting system. 3.8 Any other failure mutually agreed to in writing by Customer and Verizon. A minor System failure is defined as any System failure or malfunction,other than that defined asa major System failure. Verizon will respond to minor System failures within the time specified in the applicable Service Description 4. Equipment Support 4.1 In the event the manufacturer of the equipment covered by this Exhibit discontinues a piece of equipment,and/or the associated support of such equipment,Verizon will only be obligated to provide the VM Services hereunder on the.. affected equipment for-the period of time that-the manufacturer continues to support such equipment. At the end of such period Verizon will cease to support such equipment in accordance with theServiceDescription,.butwill use commercially reasonable efforts to provide VM Service on the affected piece of equipment until Customer upgrades or replaces such equipment..-. 4.2 If Verizon did:not install the equipment.covered by the VM Service under this Exhibit,Customer warrants that such Page Rev 12/14/051 ._ . Page of 2 \ ESC#0149