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NEC NEC Unified Solutions , Inc . 1 ) Principal Period of Maintenance ( " PPM " ) The days and hours of the days when service is delivered to Customer 2) Service Level Agreement ( " SLA" ) The cumulative time in which NEC Unified Solutions will make best commercial reasonable effort to respond to ( Response Time) Customer' s reported maintenance incident. 3) Response Time Response Time is measured according to the PPM . If PPM is less than 24 hours per day, 7 days a week , then Response Time is measure within that PPM . Response Time begins upon receiving maintenance service request , and verification of problem found and dispatch or remote labor required to affect repairs . 4) Major System Failure A general inability of the PBX system to receive incoming or originate outgoing calls , or a majority of either the Central Office trunks or Tie trunks are inoperable , or more than 25% of either the stations or terminals are inoperable . 5) Time and Materials (T& M ) Rates In the absence of other contractual agreement , T& M is the prevailing local dispatch labor rate , plus list price of materials required to affect repairs . Onsite hours require a 4- hr minimum per request and include one-way travel . ( b) Maintenance Services : NEC Unified Solutions shall , during the contract period , furnish all parts and services necessary to maintain the system in good working order, or provide such other coverage as specified in Schedule A . Any replacement parts may be either new or refurbished but equivalent to new in operation . Parts will be furnished on an exchange basis , and any parts removed shall become the property of NEC Unified Solutions . NEC Unified Solutions shall dispatch service personnel to the Premises to perform necessary repairs , unless NEC Unified Solutions is able to perform repairs from a remote location . NEC Unified Solutions shall conduct remote diagnostic testing , when applicable . Any service specifically requested by Customer outside Standard PPM is billable at the then prevailing After- hours or Holiday time and materials rates , respectively , according to holidays observed by NEC Unified Solutions . After hours is one and one-half times the T& M rate , and Holiday is twice the T& M rate . Customer may choose from the following service levels (selections per Customer site are described in the Coverage Summary) : Standard service only : PPM is 9x5 (Monday through Friday, excluding holidays observed by NEC Unified Solutions , from 8 AM to 5 PM Customer local time zone) . SLA is next business day following the request for routine maintenance service . However, NEC Unified Solutions will make best commercially reasonable efforts to respond to major system failure within four hours as requested . Premium Service : PPM is 24x7 , and SLA is 4- hour response time to maintenance incidents of Major System Failure , and next business day response to routine incidents as required . (c) Non -Covered Service : NEC Unified Solutions will attempt to respond to all requests for service . If service is required outside NEC Unified Solutions ' service hours , labor for such non-covered service calls will be chargeable to Customer in accordance with NEC Unified Solutions ' local prevailing hourly labor rates . 2 . TERM The term of this Coverage shall be 9 months , commencing 90 Days after the Cutover Date as defined in the attached Statement of Work ( " Initial Term " ) . Unless one party notifies the other of its intent to terminate this Coverage at least thirty (30) days prior to the expiration of the term (or at the end of any one-year extension of the term , which may occur as provided below) , the term shall be automatically extended for an additional one ( 1 ) year period (s) (" Extensions") , upon the same terms and conditions contained herein , except that NEC Unified Solutions may adjust its service rates to conform to NEC Unified Solutions' prevailing local service rates and that Customer shall have the option to elect quarterly or annual billing for the next Extension . NEC Unified Solutions shall furnish Customer with a written notice of any proposed increase in NEC Unified Solutions ' service NEC Unified Solutions , Inc. Proprietary and Confidential 24 of 32 1001776 v . 1 9/6/2005