Common use of Authority to Grant Access Clause in Contracts

Authority to Grant Access. Customer represents and warrants that it has obtained permission for both Customer and Dell to access and use the Supported Product, the data on it, and all hardware and software components included in it, for the purpose of providing the KYHD Services. If Customer does not already have that permission, it is Customer’s responsibility to obtain it, at Customer’s expense, before ▇▇▇▇▇▇▇▇ asks Dell to perform KYHD Services.  Cooperate with Phone Analyst and On-site Technician. Customer agrees to cooperate with and follow the instructions given by Dell phone analyst and any on-site technicians. Experience shows that most system problems and errors can be corrected over the phone as a result of close cooperation between the user and the analyst or technician.  Report Hard Drive failures. Report each instance of hard drive failure to Dell limited hardware warranty support in accordance with the terms of such limited hardware warranty, or as applicable, Customer’s service agreement.  Onsite service. Inform the technician that the KYHD Service was purchased for the Customer Supported Product.  Physical control. Retain physical control of hard drives from systems covered by KYHD Services. Dell is not responsible for data contained on hard drives which are returned to Dell.  Disposal. Disposal or destruction of the failed/retained hard drive and/or ensure that sensitive, classified, or proprietary data is destroyed or remains secure.  Supported Releases. Customer must maintain software and Customer Supported Product(s) at Dell-specified minimum release levels or configurations as specified on PowerLink for Dell | EMC Storage or as specified on ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇ for Supported Products. Customer must also ensure installation of remedial replacement parts, patches, software updates or subsequent releases as directed by Dell in order to keep the Support System(s) eligible for this KYHD Service.

Authority to Grant Access. Customer represents and warrants that it has obtained permission for both Customer and Dell to access and use the Supported Product, the data on it, and all hardware and software components included in it, for the purpose of providing the KYHD Services. If Customer does not already have that permission, it is Customer’s responsibility to obtain it, at Customer’s expense, before ▇▇▇▇▇▇▇▇ Customer asks Dell to perform KYHD Services.  Cooperate with Phone Analyst and On-site Technician. Customer agrees to cooperate with and follow the instructions given by Dell phone analyst and any on-site technicians. Experience shows that most system problems and errors can be corrected over the phone as a result of close cooperation between the user and the analyst or technician.  Report Hard Drive failures. Report each instance of hard drive failure to Dell limited hardware warranty support in accordance with the terms of such limited hardware warranty, or as applicable, Customer’s service agreement.  Onsite service. Inform the technician that the KYHD Service was purchased for the Customer Supported Product.  Physical control. Retain physical control of hard drives from systems covered by KYHD Services. Dell is not responsible for data contained on hard drives which are returned to Dell.  Disposal. Disposal or destruction of the failed/retained hard drive and/or ensure that sensitive, classified, or proprietary data is destroyed or remains secure.  Supported Releases. Customer must maintain software and Customer Supported Product(s) at Dell-specified minimum release levels or configurations as specified on PowerLink for Dell | EMC Storage or as specified on ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇ for Supported Products. Customer must also ensure installation of remedial replacement parts, patches, software updates or subsequent releases as directed by Dell in order to keep the Support System(s) eligible for this KYHD Service.  Third Party Warranties. These KYHD Services may require Dell to access hardware or software that is not manufactured by Dell. Some manufacturers’ warranties may become void if Dell or anyone else other than the manufacturer works on the hardware or software. It is Customer’s responsibility to ensure that Dell’s performance of Services will not affect such warranties or, if it does, that the effect will be acceptable to Customer. DELL DOES NOT TAKE RESPONSIBILITY FOR THIRD PARTY WARRANTIES OR FOR ANY EFFECT THAT THE DELL KYHD SERVICES MAY HAVE ON THOSE WARRANTIES.  On-Site Obligations. Where KYHD Services require on-site performance, Customer must provide free, safe and sufficient access to Customer’s facilities and the Supported Product(s). Sufficient access includes ample working space, electricity, and a local telephone line. A monitor or display, a mouse (or pointing device), and keyboard must also be provided (at NO cost to Dell), if the system does not already include these items.