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) 07- /zz - <br /> NEC NEC Unified Solutions, Inc. <br /> ORNM <br /> ATTACHMENT <br /> PARTS AND LABOR COVERAGE <br /> Customer Number: 101114 <br /> Contract Number: <br /> This Parts and Labor attachment ("Attachment") supplements the Master Purchase Agreement ("Agreement"), between NEC Unified <br /> Solutions, Inc., a Nevada Corporation having its principal place of business at 6535 N. State Highway 161 , Irving, Texas 75039 ("NEC"), <br /> and Indian River County - Courthouse ("Customer"), having its principal place of business at 1840 25u4 Street, Vero Beach, FL 32960. <br /> All terms of the Agreement apply to this Attachment; however, to the extent that any provision of this Attachment directly conflicts with the <br /> Agreement, the provision of this Attachment shall be deemed to have the controlling provision. <br /> NEC agrees to provide PARTS and LABOR COVERAGE for the hardware equipment ("Equipment") listed in the Schedule of <br /> Maintenance Coverage (collectively, such Equipment and software is referred to as the "System"), installed at 2000 16`s Avenue, Vero <br /> Beach, FL 32960 (the "Premises"), as set forth below. <br /> 1 . COVERAGE TERMS <br /> (a) Definitions: <br /> 1 ) Principal Period of Maintenance ("PPM") <br /> The days and hours of the days when service is delivered to Customer <br /> 2) Service Level Agreement ("SLA") <br /> The cumulative time in which NEC will make best commercial reasonable effort to respond to (Response Time) Customer's <br /> reported maintenance incident. <br /> 3) Response Time <br /> 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 <br /> measure within that PPM. Response Time begins upon receiving maintenance service request, and verification of problem found <br /> and dispatch or remote labor required to affect repairs. <br /> 4) Major System Failure <br /> A general inability of the PBX system to receive incoming or originate outgoing calls, or a majority of either the Central Office <br /> trunks or Tie trunks are inoperable, or more than 25% of either the stations or terminals are inoperable. <br /> 5) Time and Materials (T&M) Rates <br /> In the absence of other contractual agreement, T&M is the prevailing local dispatch labor rate, plus list price of materials required <br /> to affect repairs. Onsite hours require a 3-hr minimum per request and include one-way travel. <br /> (b) Maintenance Services: NEC shall, during the contract period, furnish all parts and services necessary to maintain the system in <br /> good working order, or provide such other coverage as specified in Schedule A. Any replacement parts may be either new or <br /> refurbished but equivalent to new in operation. Parts will be furnished on an exchange basis, and any parts removed shall become <br /> the property of NEC. NEC shall dispatch service personnel to the Premises to perform necessary repairs, unless NEC is able to <br /> perform repairs from a remote location. NEC shall conduct remote diagnostic testing, when applicable. Any service specifically <br /> requested by Customer outside Standard PPM is billable at the then prevailing After-hours or Holiday time and materials rates, <br /> respectively, according to holidays observed by NEC, and on-site hours require a 3-hour minimum per request which includes one- <br /> way travel. After hours is one and one-half times the T&M rate, and Holiday is twice the T&M rate. The requested service level is <br /> selected below- <br /> 0 Standard service only: PPM is 9x5 (Monday through Friday, excluding holidays observed by NEC, from 8 AM to 5 PM <br /> Customer local time zone). SLA is next business day following the request for routine maintenance service. However, NEC wil I <br /> make best commercially reasonable efforts to respond to major system failure within four hours as requested. <br /> ❑ Premium Service: PPM is 240, and SLA is 4-hour response time to maintenance incidents of Major System Failure, and next <br /> business day response to routine incidents as required. <br /> (c) Non-Covered Service: NEC will attempt to respond to all requests for service. If service is required outside NEC 's service hours, <br /> labor for such non-covered service calls will be chargeable to Customer in accordance with NEC' s local prevailing hourly labor <br /> rates, and on-site hours require a 3-hour minimum per request which includes one-way travel. <br /> Rev. 12/06/04 <br /> Pagel of 4 <br />