Common use of Responsibilities of the Partner Clause in Contracts

Responsibilities of the Partner. The Partner is obliged to conscientious performance of its obligations under this Agreement without causing ASC any costs. This includes in particular the necessary availability, activities and arrangements to help ASC fulfill its obligations in an appropriate and efficient manner throughout the entire duration of this Agreement. Prior to initial installation and the commissioning of the Subject of Agreement, the Partner is obliged to provide a proper remote maintenance option in terms of available bandwidth, stability, and sufficient temporary/functional range of usage, and without causing any costs for ASC. A remote connection is an indispensable precondition for ASC to fulfill all its obligations under this Agreement, especially in terms of processing incidents, debugging and the elimination of errors. The Partner indemnifies ASC against all claims arising from occurring incidents until a proper remote connection is provided and established. Time limits defined within this Agreement will be suspended until then. ▪ Before the beginning of this Contract, the Partner provides ASC – according to ASC’s specifications – with detailed written information, including all required data to fulfill the required service tasks. This information must be supplemented, if requested by ASC, and kept up to date during the entire contract period. ▪ The Partner reports all changes in the hardware and software environment which may impact the executed services to ASC uncalled for and in time. ▪ The Partner accepts and pre-qualifies the incident reports and hands them over to ASC with sufficiently informative descriptions of the incident and errors – upon request also in writing. The Partner provides ASC with the required log files as well as upon request with the required debugging documents (e. g. protocols, log files, and test data) free of charge; ▪ The Partner grants ASC’s support engineers unrestricted access to hardware and software as well as to diagnostic programs, documentations, user programs and other required data to perform the necessary services. ▪ The Partner must ensure, upon request from ASC, that an authorized own representative is available on site during the entire duration of the Remote Support or On-Site Intervention. The Partner also needs to nominate a responsible contact person who is in the position to make binding decisions or effectuate them without delay. 15.1 Regular maintenance of the Subject of Agreement as well as of the infrastructure required for its operation in accordance with the requirements of ASC and additional instructions given by ASC's Support Engineers. 15.2 Regular backup of recordings and operating data as well as of the most recently approved software and configuration state. 15.3 Compliance with the applicable procedures for reporting incidents and support requests to ASC. 15.4 The Partner is obliged to address alarms of the Subject of Agreement to a defined e-mail address of the User / operator / end customer / Partner via SNMP. 15.5 For CSCcertified: The Partner provides a sufficient number of qualified technicians as specified by ASC locally or, should the Subject of Agreement be spread over more than one location, in the respective area. These technicians will be trained and certified by ASC on the Partner’s expense. ASC reserves the right to verify the Partner’s compliance with these requirements. If necessary, ASC will offer additional trainings to keep the Partner’s technicians at the required level, so that the Partner can fulfill its obligations under this Agreement. ▪ Hotline support and handling User inquiries (“first customer contact”) during usual business hours in the User’s specific time zone; ▪ Remote service during usual business hours in the User’s specific time zone; ▪ Troubleshooting and provision of error messages and log files; ▪ Remedy of errors by installing new Software Updates and Upgrades; ▪ Installation of Software Updates or Upgrades at the Equipment Location; ▪ Forwarding the task to ASC Level 3 Service, in case the issue cannot be fixed otherwise. ▪ On-site support, if an issue cannot be fixed by remote Level 1 & 2 Services. On-site support should only be performed by ASC-certified technicians; their tasks include – not listed conclusively – on-site diagnostics/troubleshooting, correction of configuration data, applying hotfixes released by ASC, and exchanging identified faulty components. All activities of Level 1 & 2 Services must be documented in the ASC incident-tracking tool if requested by ASC. Incidents which could not be resolved by the Partner’s Level 1 & 2 Service must be reported to ASC’s Level 3 Service within the agreed Time of Performance. For this report, a case needs to be opened via the ASC Support Request Form according to Section

Responsibilities of the Partner. The Partner is obliged to conscientious performance of its obligations under this Agreement without causing ASC any costs. This includes in particular the necessary availability, activities and arrangements to help ASC fulfill its obligations in an appropriate and efficient manner throughout the entire duration of this Agreement. Prior to initial installation and the commissioning of the Subject of Agreement, the Partner is obliged to provide a proper remote maintenance option in terms of available bandwidth, stability, and sufficient temporary/functional range of usage, and without causing any costs for ASC. A remote connection is an indispensable precondition for ASC to fulfill all its obligations under this Agreement, especially in terms of processing incidents, debugging and the elimination of errors. The Partner indemnifies ASC against all claims arising from occurring incidents until a proper remote connection is provided and established. Time limits defined within this Agreement will be suspended until then. ▪ Before Upon the beginning of this ContractAgreement, the Partner provides ASC – according to ASC’s specifications – with detailed written information, including all required data to fulfill the required service tasks. This information must be supplemented, if requested by ASC, and kept up to date during the entire contract periodduration of the Agreement. ▪ The Partner reports all changes in the hardware and software environment which may impact the executed services to ASC uncalled for and in time. ▪ The Partner accepts and pre-qualifies the incident reports and hands them over to ASC with sufficiently informative descriptions of the incident and errors – upon request also in writing. The Partner provides ASC with the required log files as well as upon request with the required debugging documents (e. g. protocols, log files, and test data) free of charge; . ▪ The Partner grants ASC’s support engineers unrestricted access to hardware and software as well as to diagnostic programs, documentations, user programs and other required data to perform the necessary services. ▪ The Partner must ensure, upon request from ASC, that an authorized own representative is available on site during the entire duration of the Remote Support or On-Site Intervention. The Partner also needs to nominate a responsible contact person who is in the position to make binding decisions or effectuate them without delay. 15.1 16.1 Regular maintenance of the Subject of Agreement as well as of the infrastructure required for its operation in accordance with the requirements of ASC and additional instructions given by ASC's Support Engineers. 15.2 16.2 Regular backup of recordings and operating data as well as of the most recently approved software and configuration state. 15.3 16.3 Compliance with the applicable procedures for reporting incidents and support requests to ASC. 15.4 16.4 The Partner is obliged - as the operator of the platform - to address alarms monitor the full functionality of the Subject of Agreement to a defined e-mail address of Agreement. He must ensure that system messages from the platform are analyzed and processed, and that the User / operator / end customer / Partner via SNMPis informed of any malfunctions. 15.5 16.5 For CSCcertified: The Partner provides a sufficient number of enough qualified technicians as specified by ASC locally in accordance with ASC’s request or, should the Subject of Agreement be spread over more than one location, in the respective area. These technicians will be trained and certified by ASC on the Partner’s expense. ASC reserves the right to verify the Partner’s compliance with these requirements. If necessary, ASC will offer additional trainings to keep the Partner’s technicians at the required level, so that the Partner can fulfill its obligations under this Agreement. If required follow-up trainings or recertifications are not participated in time, ASC reserves the right to change the Agreement CSCcertified to CSCpremier under the correspondingly applicable conditions to cover all services for the User. ▪ Hotline support and handling User inquiries (“first customer contact”) ▪ during usual business hours in the User’s specific time zone; . ▪ Remote service during usual business hours in the User’s specific time zone; . ▪ Troubleshooting and provision of error messages and log files; . ▪ Remedy of errors by installing new Software Updates and Upgrades; . ▪ Installation of Software Updates software updates or Upgrades upgrades at the Equipment Location; User’s place. ▪ Forwarding the task to ASC Level 3 Service, Service in case the issue cannot be fixed otherwise. ▪ On-site support, if an issue cannot be fixed by remote Level 1 & 2 Services. On-site support should only be performed by ASC-certified technicians; their tasks include – not listed conclusively – on-site diagnostics/troubleshooting, correction of configuration data, applying hotfixes released by ASC, and exchanging identified faulty components. All activities of Level 1 & 2 Services must be documented in the ASC incident-tracking tool if requested by ASC. Incidents which could not be resolved by the Partner’s Level 1 & 2 Service must be reported to ASC’s Level 3 Service within the agreed Time of Performance. For this report, a case needs to be opened via the ASC Support Request Form according to Section