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PACKET FUSION, INC. (2)
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PACKET FUSION, INC. (2)
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Last modified
6/2/2023 5:12:22 PM
Creation date
6/2/2023 1:41:07 PM
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Contracts
Company Name
PACKET FUSION, INC.
Contract #
N-2023-134
Agency
Information Technology
Expiration Date
6/11/2024
Insurance Exp Date
1/1/1900
Destruction Year
2029
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E. Accidents or casualty including without limitation fire, lightning, flood, earthquake, acts of God, war, riot, natural <br />disaster damage, neglect, misuse, or any other use outside the manner described in the Equipment and Software <br />specifications and/or specified in writing by Company. <br />F. An act or event occurring external to the Equipment or Software which directly or indirectly causes a failure or <br />malfunction in the Equipment or Software, including without limitation, failures or malfunctions of trunk lines or <br />toll lines, cables, or other equipment connecting the Equipment to the telecommunications system of the operating <br />telephone utility, abnormal environmental conditions (e.g. water inundation), or power fluctuations or failures <br />which adversely affect the Equipment. <br />G. Repair, maintenance, or increase in normal service time resulting from Customer's failure to provide a <br />commercially reasonable Equipment environment as required in the Equipment specifications, or any other failure <br />of Customer to fully perform its responsibilities under this S SA. <br />H. Any other acts or events that may adversely affect the Equipment or Software's performance, occasioned by acts of <br />Customer or any third party, or a third parry's use of the Equipment in combination with any other apparatus, <br />device, or other system not supplied or approved for such use by Company. <br />I. Any other service not required to keep the equipment in good operating condition for normal use including <br />administrator, operator, and station user training. <br />J. Diagnosing Customer's Telecommunication services/ WAN / LAN / VPN in conjunction with phone system <br />outages including individual Remote VOIP Phones. <br />IV. Conditions. <br />A. Company's Responsibility: Company's responsibility with respect to the Support Services shall be limited to <br />either (i) Customer's side of interconnect devices connecting the Equipment to the telephone system operated by <br />the local telephone utility, or (ii) if no such interconnect devices exist, Customer's side of the point of connection <br />between the Equipment and said local telephone system. <br />B. Remote Access: Customer will enable PFI to access Customer's Software remotely via Internet connection for <br />support purposes by providing an Internet connection and assisting PFI with remote connection as reasonably <br />requested by PFI. <br />C. Customer Contacts: Customer will designate at least one contact person per Customer work -shift and a backup in <br />his or her absence (each a "Customer Contact"). Customer will identify the Customer Contacts to PFI upon <br />execution of this Agreement and will notify PFI immediately of any change in the Customer Contacts. The <br />Customer Contacts will request support and report all performance problems relating to Customer's equipment or <br />software to PFI online, by telephone, or via e-mail. The Customer Contacts will act as a single point of contact <br />between Customer and PFI with respect to all Support Services communications. The Support Services may be <br />delayed or not available if the Customer Contacts do not assist PFI as reasonably requested or if PFI performance is <br />otherwise delayed or prevented by Customer. <br />D. Equipment and Software: Equipment and Software covered by this SSA shall be in good and maintainable <br />operating condition as of the commencement date. Equipment (other than equipment newly purchased from the <br />Company), is subject to commercially reasonable inspection by the Company in order to determine that such <br />Equipment is in good and maintainable operating condition. Work determined necessary to bring such Equipment <br />into good and maintainable condition must be completed prior to commencement of Support Services. T&M Work <br />performed to upgrade the Equipment and Software into good and maintainable condition may be invoiced <br />separately. At Customer's sole election, the Company shall perform any such necessary work at prevailing <br />Company's T&M Rates. <br />E. Documentation and Record Access: All relevant documentation and records needed to perform the Support <br />Services on the Equipment, which may include information relating to the equipment, cable plant and relevant <br />software shall be made available to Company for inspection prior to the commencement of Support Services. Work <br />determined to be necessary to bring such records into good and usable condition must be completed prior to the <br />commencement of Support Services under this SSA. At Customer's sole election, the Company shall perform any <br />such necessary work at the prevailing Company's T&M Rates. <br />F. Physical Access: Customer shall ensure that Company personnel have reasonable and immediate access to the <br />equipment upon the arrival by Company personnel at Customer's site provided Company has provided Customer <br />with sufficient advance written notice of start time, arrival time and completion times. Company will provide <br />Customer with designated points of contact and make all arrangements for its support personnel to receive such <br />notification. Customer shall make available to Company, at no charge, the use of any Customer owned/controlled <br />Equipment, attachments, or features which are not covered under this SSA, but which are necessary for the <br />performance of Support Services on the Equipment covered by this SSA. <br />G. Unauthorized Work: Other than qualified employees of Customer, any Support Services performed on the <br />Equipment by others without Company's written consent, may entitle Company to increase the charges for the <br />Support Services hereunder to adjust for any increased costs resulting therefrom. In addition, if as a result, further <br />PFI SSA Page 2 of 4 Rev, 4.30.2022 <br />
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