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 these 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 these Services. • Cooperate with Phone Analyst and On-site Technician. Customer agrees to cooperate with and follow the instructions given by Dell phone analyst and its 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. • Supported Releases. Customer must maintain software and 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 Product(s) eligible for this Service. • Third-Party Warranties. These 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 SERVICES MAY HAVE ON THOSE WARRANTIES. • On-Site Obligations. Where 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. • Mail-In Support. Where Services require mail-in service, Customer must comply with all Mail-in procedures and terms. Canada ▇▇▇.▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇.▇▇▇▇.▇▇ ▇▇▇.▇▇▇▇.▇▇▇/▇▇▇ Asia, Pacific & Japan ▇▇▇.▇▇▇▇.▇▇▇* ▇▇▇.▇▇▇▇.▇▇▇* ▇▇▇.▇▇▇▇.▇▇▇/▇▇▇ * Please utilize the “Choose a Country/Region” drop-down menu at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇

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 these 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 these Services. • Cooperate with Phone Analyst and On-site Technician. Customer agrees to cooperate with and follow the instructions given by Dell phone analyst and its 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. • Supported Releases. Customer must maintain software and 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 Product(sSystem(s) eligible for this Service. • Third-Third Party Warranties. These 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 SERVICES MAY HAVE ON THOSE WARRANTIES. • On-Site Obligations. Where 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. • MailData Backup. Customer is strongly encouraged to complete a backup of all existing data and programs on all affected systems prior to the delivery of this Service. DELL WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by Dell or a third-In Supportparty service provider. Where Services require mail-in service• Service Coverage. For support coverage, Customer must comply with all Mail-in procedures Service levels, windows of cover and terms. Canada ▇▇▇regional cut off times, please refer to the ProSupport Service Description purchased on the Supported Product.▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇.▇▇▇▇.▇▇ ▇▇▇.▇▇▇▇.▇▇▇/▇▇▇ Asia, Pacific & Japan ▇▇▇.▇▇▇▇.▇▇▇* ▇▇▇.▇▇▇▇.▇▇▇* ▇▇▇.▇▇▇▇.▇▇▇/▇▇▇ * Please utilize the “Choose a Country/Region” drop-down menu at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇