Fort Walton Beach Council agenda — 11-13-2007 regular agenda — reading text

period. In case of renewals, charges are recalculated at the start of each renewal period. For sales through IBM, the new charges will be based on the length of the Renewal Contract Period and then current charges associated with your contracted a) Services, b) price protection option, and c) payment option. One of the following termination provisions will apply based on the length of the transaction contract period specified in the Schedule. c PROVISION # 1 - ONE YEAR TRANSACTION CONTRACT PERIOD You may terminate Services for an Eligible Product, on notice to IBM, if you permanently remove it from productive use within your Enterprise. Otherwise, Services must be under contract for at least one year. If you select automatic renewals, you may also terminate Services after the first full year of Service by providing IBM one month' s written notice prior to the end of your first year of Service. You will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.* You may also terminate Services by providing Z125- 7227- 05 2/ 2007 ( MK076) contract A89VBM ( prepared 09/ 27/0714:46 WlBLAN) Page 3 of 5  IBM one month' s written notice, after the Services have been under contract for at least one year. You will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.* PROVISION # 2 - MULTI- YEAR TRANSACTION CONTRACT PERIOD You have committed to continue Services for the entire transaction contract period. However, you may terminate Services for an Eligible Product, on notice to IBM, if you permanently remove it from productive use within your Enterprise. Otherwise, if you choose to terminate Services and these c are not being replaced by equivalent Services, you may do so by providing IBM one month' s written notice, and paying an adjustment fee equal to _(*** L months' charges,* however the Services must have been under contract for at least one year upon termination. NUMBER OF MONTHS EQUAL TO NUMBER OF YEARS IN THE TRANSACTION CONTRACT PERIOD. FOR EXAMPLE, " 3" MONTHS IF THE TRANSACTION CONTRACT PERIOD IS 3 YEARS. After allowing for applicable adjustments, you will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.* 8. Services Warranty Service Upgrade For certain Eligible Machines, you may select a Service upgrade from the standard type of warranty Service for the Machine. IBM provides Service for Machines as described in our Agreement but charges for the upgrade in type of Service during the warranty period. You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty period ends, the Machine will become part of your standard inventory count and will convert to maintenance Service at the same type of Service you selected for warranty Service upgrade. Maintenance of IBM Machines IBM will provide Service for Machines, as described in our Agreement, for those Eligible IBM Machines specified in the Schedule. Maintenance of Non- IBM Machines IBM will provide Service for Machines, as described in our Agreement, for those Eligible non- IBM Machines specified in the Schedule. Unless specified otherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are responsible for following the manufacturer's and I BM' s provided guidelines pertaining to operator responsibilities, maintenance procedures, and supplies prior to placing a Service request. Repair of non- IBM Machines is subject to the availability of repair parts and any technical support required of the original manufacturer. Repair parts will be functionally equivalent to those replaced. They may be new or used and may have been manufactured by other than the original manufacturer. You may request that IBM use repair parts manufactured by the original manufacturer when these are available, but there may be an additional charge for these parts.* c IBM' s support does not cover: 1. Machine installation, engineering change activity, or preventive maintenance; 2. correction of date related errors. IBM will make the final determination of whether a date related error is the source of the problem; 3. service of microcode or firmware; 4. service of features, parts, or devices not supplied by either a) the Machine' s original manufacturer or b) IBM during the performance of this Service; 5. service for accessories, supply items, and certain parts, such as batteries, frames, and covers; 6. service of a Machine damaged by misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by you; 7. service of a Machine with removed or altered Machine or parts identification labels; 8. failures caused by a product for which IBM is not responsible; or 9. service of Machine alterations. Upon written notice, IBM may terminate coverage for an Eligible non- IBM Machine due to lack of available repair parts or lack of original manufacturer technical support. Eligible non- IBM Machines must meet IBM' s safety and serviceability requirements. IBM reserves the right to inspect a Machine within one month from the start of Service. If the Machine is not in an acceptable condition for Service, IBM will notify you and terminate coverage. You agree to provide IBM one month' s written notice prior to terminating coverage for a Machine being permanently removed from productive use within your Enterprise. IBM Software Maintenance for OS/ 400, is/OS and Selected Products IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order this Service. General: 1. IBM makes available to you the most current commercially available version, release or update to all of the Programs for which you acquire support under this Service, should any be made available. 2. IBM provides you with assistance for your a) routine, short duration installation and usage ( how-to) questions and b) code defect related questions. 3. IBM provides assistance via telephone and, if available, electronic access, only to your information systems ( IS) technical support personnel during normal business hours ( normal business hours are 8 a. m. to 5 p. m. in the local time zone where you receive this Service, Monday through Friday, excluding national holidays). This assistance is not available to your end users. IBM provides Severity 1 assistance 24 hours c a day, every httD:// techsuDDort. day of the year. servicesi.bm. Consult the IBM Software Support Guide, which may be found at com/ auides/ handbook. html for details. A 24x7 ( every day of the year) all severity option is available at extra During normal business hours, IBM' s response time objective is two hours for voice and electronic problem submissions. For voice charge.* problem submissions during other than normal business hours, IBM' s response time objective for critical problems ( Severity 1) is two hours and if you select the 24x7 all severity option, four hours for non- critical problems. For electronic problem submissions during other than normal Z125- 7227-05 2/ 2007 ( MK076) contract A89VBM ( prepared 09/ 27/ 0714:46 WLBLAN) Page 4 of 5  business hours, IBM' s response time objective is within two hours of the start of normal business hours on the next business day. IBM' s initial response ( either voice or electronic) may result in resolution of your problem or it will form the basis for determining what additional actions may be required to achieve technical resolution of your problem. IBM is not responsible for delays in electronic response delivery caused by systems and network problems. 4. In some instances, IBM may request that you allow it to remotely access your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your c 5. permission. This Service does not include assistance for a} the design and development of applications, b} your use of Programs in other than their specified operating environment, or c} failures caused by products for which IBM is not responsible under this Service. Eligible Programs: Licensed programs for which this Service is available are listed at httD://www.ibm. com/ services/sl/ swm/ or may be obtained from your IBM marketing representative. Software Maintenance After License Fee: The Software Maintenance After License fee is a one time charge to resume Software Maintenance if you a} did not renew this Service prior to the end of the then current support period or b} terminated this Service. The new support period in such an instance begins on the date that IBM accepts your order. IBM Software Maintenance for AIX Operating Systems IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order this Service. General: 1. IBM makes available to you the most current commercially available version, release or update to all of the Programs for which you acquire support under this Service, should any be made available. 2. IBM provides you with assistance for your a} routine, short duration installation and usage ( how-to) questions and b} code defect related questions. 3. IBM provides assistance via telephone and, if available, electronic access, only to your information systems ( IS) technical support personnel during normal business hours ( normal business hours are 8 a. m. to 5 p. m. in the local time zone where you receive this Service, Monday through Friday, excluding national holidays). This assistance is not available to your end users. IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support Guide, which may be found at httD:// techsuDDort.services. ibm. com/ auides/ handbook. html for details. A 24x7 ( every day of the year) all severity option is