Common use of Covered Service Clause in Contracts

Covered Service. CSA shall provide all routine preventive maintenance and emergency service necessary to keep the Equipment in good working order in accordance with this Agreement and CSA’s normal practice. Such service shall be performed during CSA’s local regular business hours (8:30 A.M. to 5:00 P.M. Monday through Friday, except holidays). (a) You shall afford CSA reasonable and safe access to the Equipment to perform on-site service. CSA may terminate its maintenance obligations as to any Equipment if you relocate it to a site outside CSA’s service territory. If, in CSA’s opinion, any Equipment cannot be maintained in good working order through CSA’s routine maintenance services, CSA may, cancel any balance of the term of this Agreement as to such Equipment and refund the unearned portion of any prepaid charges hereunder. Parts or Equipment replaced or removed by CSA in connection with maintenance services hereunder shall become the property of CSA and you disclaim any interest therein. (b) CSA shall make available to you from time to time upgrades and bug fixes for the software licensed as part of the Equipment (“Embedded Software”), but: (i) only if such upgrades and bug fixes are provided to CSA by the developers of such Embedded Software, (ii) availability of upgrades and bug fixes may be at additional charge, and (iii) installation of such upgrades and bug fixes by CSA if requested by you shall be at additional charge. You are not required to use CSA for installation of any upgrades and bug fixes, but if installation is done by anyone other than CSA, CSA shall have no responsibility for any performance or other issues that may result from such installation. CSA shall also use reasonable efforts to provide Level 1 support for the Embedded Software. Level 1 support consists of (i) providing help-line telephone assistance in operating the Embedded Software and identifying service problems and attempting to troubleshoot any such problems in the Embedded Software; (ii) escalating operating problems to the available developer of the Embedded Software as needed to rectify such problems, including facilitating contact between you and the developer of the Embedded Software as necessary; and (iii) maintaining a log of such problems to assist in tracking the same. Embedded Software as used herein does not include separately-priced application software supplied by CSA to you under any separate acquisition agreement, and support therefor shall be solely governed by the provisions thereof.

Appears in 1 contract

Sources: Maintenance Agreement

Covered Service. (a) CSA shall provide all routine preventive maintenance and emergency service necessary to keep the Equipment in good working order in accordance with this Agreement and CSA’s normal practice. Such service shall be performed during CSA’s local regular business hours (between 8:30 A.M. to and 5:00 P.M. Monday through Friday, except holidays). (ab) You shall afford CSA reasonable and safe access to the Equipment to perform on-site service. CSA may terminate its maintenance obligations as to any Equipment if you relocate it to a site outside CSA’s service territorycoverage area. If, in CSA’s opinion, any Equipment cannot be maintained in good working order through CSA’s routine maintenance services, CSA may, at its option, (i) substitute comparable Equipment or (ii) cancel any balance of the term of this Agreement its maintenance obligations as to such Equipment and refund SLS-109F CFS-1210 March 2018 Page 2 (c) Installation/Implementation of Listed Software may be at an additional charge except to the unearned portion extent included as a Listed Item and may be conditioned on your agreement to a separate statement of any prepaid work or other document covering the scope and schedule of installation/implementation, configuration options, responsibilities of each party, and other matters, which shall solely govern as to the matters covered therein. Additional charges hereunder. Parts or Equipment replaced or removed by CSA may apply for work beyond the initial scope described in connection with maintenance services hereunder shall become the property of CSA and you disclaim any interest thereinsuch separate document. (bd) Support for Listed Software is provided directly by the respective developers thereof and as set forth in each developer’s applicable separate support contract, and is not provided by CSA under this Agreement except as expressly provided herein. Support for Listed Software may require separate purchase by you of a support contract, unless included under this Agreement as a Listed Item. The terms of support contracts for Listed Software are available from the developers, or will be provided to you by CSA upon request. Notwithstanding any provision in the support contract to the contrary, it shall automatically renew on an annual basis, subject to a price increase after the initial term. (e) CSA shall make available to you from time to time upgrades and bug fixes for the software licensed as part of the Equipment (“Embedded and for Listed Software”), but: (i) only if such upgrades and bug fixes are provided to CSA by the developers of such Embedded Listed Software, (ii) availability of upgrades and bug fixes may be at additional charge, and (iii) installation of such upgrades and bug fixes by CSA if requested by you shall be at additional charge. You are not required to use CSA for installation of either Listed Software or for any upgrades and bug fixes, but if installation is done by anyone other than CSA, CSA shall have no responsibility for any performance or other issues that may result from such installation. (f) CSA shall also use reasonable efforts to provide Level 1 support for the Embedded Listed Software (except that for certain Listed Software, Level 1 support shall be provided only if and so long as a separate software support contract for such Listed Software from the developer thereof is in effect). Level 1 support consists of (i) providing help-line telephone assistance in operating the Embedded Listed Software and identifying service problems in the Listed Software, and attempting to troubleshoot any such problems in the Embedded Softwareproblems; (ii) escalating operating problems to the available applicable developer of the Embedded Listed Software as needed to rectify such problems, including facilitating contact between you and the developer of the Embedded Listed Software as necessary; and (iii) maintaining a log of such problems to assist in tracking the same. Embedded Software as used herein does not include separately-priced application software supplied by CSA to you under any separate acquisition agreement, and support therefor shall be solely governed by the provisions thereof.

Appears in 1 contract

Sources: Unified Lease Agreement

Covered Service. (a) CSA shall provide all routine preventive maintenance and emergency service necessary to keep the Equipment in good working order in accordance with this Agreement and CSA’s normal practice. Such service shall be performed during CSA’s local regular business hours (between 8:30 A.M. to and 5:00 P.M. Monday through Friday, except holidays). (ab) You shall afford CSA reasonable and safe access to the Equipment to perform on-site service. CSA may terminate its maintenance obligations as to any Equipment if you relocate it to a site outside CSA’s service territorycoverage area. If, in CSA’s opinion, any Equipment cannot be maintained in good working order through CSA’s routine maintenance services, CSA may, cancel any balance at its option, (i) substitute comparable Equipment or (ii) cancel (c) Installation/Implementation of Listed Software may be at an additional charge except to the term extent included as a Listed Item, and may be conditioned on your agreement to a separate statement of work or other document covering the scope and schedule of installation/implementation, configuration options, responsibilities of each party, and other matters, which shall solely govern as to the matters covered therein. Additional charges may apply for work beyond the initial scope described in such separate document. (d) Support for Listed Software is provided directly by the respective developers thereof and as set forth in each developer’s applicable separate support contract, and is not provided by CSA under this Agreement except as expressly provided herein. Support for Listed Software may require separate purchase by you of a support contract, unless included under this Agreement as a Listed Item. The terms of support contracts for Listed Software are available from the developers, or will be provided to such Equipment and refund the unearned portion of any prepaid charges hereunder. Parts or Equipment replaced or removed you by CSA upon request. Notwithstanding any provision in connection with maintenance services hereunder the support contract to the contrary, it shall become the property of CSA and you disclaim any interest thereinautomatically renew on an annual basis. (be) CSA shall make available to you from time to time upgrades and bug fixes for the software licensed as part of the Equipment (“Embedded and for Listed Software”), but: (i) only if such upgrades and bug fixes are provided to CSA by the developers of such Embedded Listed Software, (ii) availability of upgrades and bug fixes may be at additional charge, and (iii) installation of such upgrades and bug fixes by CSA if requested by you shall be at additional charge. You are not required to use CSA for installation of either Listed Software or for any upgrades and bug fixes, but if installation is done by anyone other than CSA, CSA shall have no responsibility for any performance or other issues that may result from such installation. (f) CSA shall also use reasonable efforts to provide Level 1 support for the Embedded Listed Software (except that for certain Listed Software, Level 1 support shall be provided only if and so long as a separate software support contract for such Listed Software from the developer thereof is in effect). Level 1 support consists of (i) providing help-line telephone assistance in operating the Embedded Listed Software and identifying service problems in the Listed Software, and attempting to troubleshoot any such problems in the Embedded Softwareproblems; (ii) escalating operating problems to the available applicable developer of the Embedded Listed Software as needed to rectify such problems, including facilitating contact between you and the developer of the Embedded Listed Software as necessary; and (iii) maintaining a log of such problems to assist in tracking the same. Embedded Software as used herein does not include separately-priced application software supplied by CSA to you under any separate acquisition agreement, and support therefor shall be solely governed by the provisions thereof.

Appears in 1 contract

Sources: Unified Lease Agreement

Covered Service. (a) CSA shall provide all routine preventive maintenance and emergency service necessary to keep the Equipment in good working order in accordance with this Agreement and CSA’s normal practice. Such service shall be performed during CSA’s local regular business hours (between 8:30 A.M. to and 5:00 P.M. Monday through Friday, except holidays). (ab) You shall afford CSA reasonable and safe access to the Equipment to perform on-site service. CSA may terminate its maintenance obligations as to any Equipment if you relocate it to a site outside CSA’s service territorycoverage area. If, in CSA’s opinion, any Equipment cannot be maintained in good working order through CSA’s (c) Installation/Implementation of Listed Software may be at an additional charge except to the extent included as a Listed Item, and may be conditioned on your agreement to a separate statement of work or other document covering the scope and schedule of installation/implementation, configuration options, responsibilities of each party, and other matters, which shall solely govern as to the matters covered therein. Additional charges may apply for work beyond the initial scope described in such separate document. (d) Support for Listed Software is provided directly by the respective developers thereof and as set forth in each developer’s routine maintenance servicesapplicable separate support contract, and is not provided by CSA mayunder this Agreement except as expressly provided herein. Support for Listed Software may require separate purchase by you of a support contract, cancel any balance of the term of unless included under this Agreement as a Listed Item. The terms of support contracts for Listed Software are available from the developers, or will be provided to such Equipment and refund the unearned portion of any prepaid charges hereunder. Parts or Equipment replaced or removed you by CSA upon request. Notwithstanding any provision in connection with maintenance services hereunder the support contract to the contrary, it shall become automatically renew on an annual basis, subject to a price increase after the property of CSA and you disclaim any interest thereininitial term. (be) CSA shall make available to you from time to time upgrades and bug fixes for the software licensed as part of the Equipment (“Embedded and for Listed Software”), but: (i) only if such upgrades and bug fixes are provided to CSA by the developers of such Embedded Listed Software, (ii) availability of upgrades and bug fixes may be at additional charge, and (iii) installation of such upgrades and bug fixes by CSA if requested by you shall be at additional charge. You are not required to use CSA for installation of either Listed Software or for any upgrades and bug fixes, but if installation is done by anyone other than CSA, CSA shall have no responsibility for any performance or other issues that may result from such installation. (f) CSA shall also use reasonable efforts to provide Level 1 support for the Embedded Listed Software (except that for certain Listed Software. , Level 1 support shall be provided only if and so long as a separate software support contract for such Listed Software from the developer thereof is in effect).Level 1 support consists of (i) providing help-line telephone assistance in operating the Embedded Listed Software and identifying service problems in the Listed Software, and attempting to troubleshoot any such problems in the Embedded Softwareproblems; (ii) escalating operating problems to the available applicable developer of the Embedded Listed Software as needed to rectify such problems, including facilitating contact between you and the developer of the Embedded Listed Software as necessary; and (iii) maintaining a log of such problems to assist in tracking the same. Embedded Software as used herein does not include separately-priced application software supplied by CSA to you under any separate acquisition agreement, and support therefor shall be solely governed by the provisions thereof.

Appears in 1 contract

Sources: Lease Agreement