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