Common use of BlueArc Obligations Clause in Contracts

BlueArc Obligations. (a) BlueArc shall provide to HDS the access specified below to its Technical Services Engineers to enable HDS, directly or indirectly, to respond to End User reported Problems with Products. BlueArc’s Technical Services Engineers shall * * * Indicates that confidential treatment has been sought for this information. 56 be available to respond to telephone inquiries by HDS twenty-four (24) hours a day, 365 days a year, in accordance with the provisions and response times specified in Section 9 [Problem Severity Definitions and Response Requirements]. (b) BlueArc Technical Service Engineers will not contact End Users directly without HDS Qualified Support Employee present or without HDS’ consent. (c) During the Term, BlueArc will adhere to standard call policy/procedures and release policy/procedures, as defined by the SIP, in relation to HDS logging calls with BlueArc. (d) If HDS cannot resolve a Problem with Level 1 or, when applicable, ▇▇▇▇▇ ▇ Support then HDS shall contact BlueArc for higher-level Support in accordance with the applicable SIP. In the event BlueArc believes improperly escalated calls has become an issue, the Parties will mutually agree on an action plan to resolve the issue, which may include additional training, adjustments to the Support fees paid, and term for resolution. (e) BlueArc Technical Service Engineers will respond to HDS’ technical Support organization’s documented report of a Product Problem in accordance with this Exhibit B and the applicable SIP. Depending on the severity of the Problem, BlueArc Technical Services Engineers will contact HDS as described in the SIP. (f) BlueArc will provide Case numbers for each Case opened by HDS, and will respond to information requests using the Template (as defined in Section 4.1(a) below) with that Case number. BlueArc will record the HDS Case number for each Case opened for cross-reference purposes, provided such number is included with the submitted Template. (g) Subject to BlueArc’s confidentiality obligations, BlueArc will provide HDS with access to the BlueArc Knowledge Base for commonly reported Problems, technical information, patches and bug fixes. BlueArc hereby grants HDS permission to reproduce unmodified published BlueArc knowledge resolutions for inclusion in HDS’ related knowledge base. If HDS makes any material modification to a BlueArc knowledge resolution, HDS must obtain prior written or electronic approval from a BlueArc Technical Services Engineer before HDS includes such knowledge resolution in HDS’ related knowledge base. (h) BlueArc will repair or replace, in accordance with its Limited Warranty, at no charge to HDS any Spare, which, during the Warranty Period, is returned as defective utilizing the RMA Process set forth in Section 10. HDS shall pay the cost of shipment of defective Spare to BlueArc and BlueArc shall pay the cost of shipment for the repaired or replaced Spare to the HDS facility in either the US or Netherlands. * * * Indicates that confidential treatment has been sought for this information. 57 (i) If HDS or its ASP elects to continue to maintain a Product pursuant to a specific End User request, which is no longer covered under the BlueArc Limited Warranty; BlueArc is no longer obligated to Support as specified in Section 3.1(l), BlueArc and HDS may engage in good faith negotiations to define the terms for BlueArc to continue to provide Support and Problem Resolution for a defined period of time for such Product. Such terms may include (without limitation) length of time for extended support, reasonable fees, and terms relating to Product. BlueArc shall be under no obligation to extend Support beyond the Warranty timeframe offered with Product. (j) BlueArc will provide BlueArc Technical Services Engineer(s) on-site at an End User location or other on-site location to resolve a suspected Problem, if such on-site Support has been mutually agreed upon by BlueArc and HDS Support management team. (k) Upon HDS’ request, BlueArc will provide HDS with BlueArc’s call volume histories and projections on the specific Product that HDS will be procuring from BlueArc in order for HDS to develop forecasting for call volumes and Spares planning.