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IW5 Renewal Maintenance Agreement 10/5/2001 2.4.2 Preventive Hardware Maintenance. IWS representatives will perform an annual quality control check of the Supported Items to ensure that the System is performing at the prescribed standards for System functionality. Such check shall include a cleaning of the Supported Items, Supported Items hardware alignment, and general system checks to assess image quality and System performance. 2.5 Remedial Maintenance. Remedial maintenance ("Remedial Maintenance") shall mean all maintenance, other than Excluded Services, reasonably required as a result of, and for the purpose of correcting, a System Failure. For purposes of this Agreement, "System Failure" shall mean any malfunction in the Supported Items that prevents or materially interferes with, any or all aspects of the System's intended functions. IWS will provide Remedial Maintenance through its Customer Support Department based on three technical levels of support. IWS will make available to AGENCY a Help Desk (Tier I support), which will be continuously accessible by telephone, e-mail or the worldwide web 24 hours per day, 7 days per week (including holidays). If so required to solve Remedial Maintenance issues, IWS, in its sole discretion, may also utilize specialized engineers and technicians (Tier II support) who are adept at solving more complex problems, as well as selected members of IWS's Research and Development Department (Tier III support). Following the identification of a System Failure by CITY, and CITY's completion of any diagnostic procedures recommended by IWS, CITY shall provide notification thereof to IWS. CITY agrees to actively cooperate with IWS in all further diagnostic testing, as determined and requested by IWS. In the event of any software failure, IWS shall have an appropriate software support person respond to the CITY within the time frames described in the IWS Response Schedule (attached hereto as Exhibit B). Such response will be to provide notification with an update on possible causes and/or solutions. In the event of the failure of any Critical Hardware Items (as defined below), IWS shall cause an authorized representative of IWS to arrive at the location where the System is installed no later than the time frames described in the IWS Response Schedule (Exhibit B). 2.5.1 Critical Hardware Items: Critical hardware items ("Critical Hardware Items") are hardware items purchased from IWS, that are specifically associated with the Server, the supplied interfaces, or the Capture Stations, and that are required for the CITY to perform its day-to-day duties associated with the capture and storage of mug photo images. As a point of clarification, printers are not among the Critical Hardware Items. 2.5.2 Non -critical Items: Non -critical items ("Non -critical Items") are hardware items purchased from IWS that are not mentioned in Section 2.5.1. Non -critical Items shall be repaired during IWS's normal work hours. Printers are not among Non - Page 3 ver 02-29-01