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6B(1) Blackthorn Golf Course Telephone System
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09/04/09 Meeting
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6B(1) Blackthorn Golf Course Telephone System
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9/3/2009 9:35:48 AM
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AT&T Equipment Solutions -Voice CPE Resale and Support Services <br />Addendum To Master Agreement <br />SCOPE <br />This Addendum covers AT&T's sale of and support services for Voice Customer Premise Equipment ("CPE" or <br />"Equipment") under the attached Bill of Materials, Order or other applicable document. Installation and/or maintenance <br />Service for such Equipment to be provided by AT&T under the Maintenance Plan identified above (the Maintenance <br />Plan"), and as further described below. The Equipment is further described in the attached Bill of Materials, Order, SOW, <br />Equipment listing or other applicable attachment. This Addendum also covers any Orders issued under this Addendum, <br />as well as any additions or replacement to the Equipment or Service. <br />2. AT&T SERVICE AND SERVICE EXCLUSIONS <br />A. During the term of the Maintenance Plan, AT&T will repair Equipment that malfunctions due to wear and tear resulting <br />from normal use in accordance with standard operating instructions. Items excluded from coverage under the <br />Maintenance Plan are headsets, portable telephones (cordless/wireless), answering machines, Customer-provided <br />servers, UPS systems, power conditioners, power supplies (including batteries and chargers), intra-building <br />distribution cabling, consumables and any Software which is at a revision level not supported by the Software <br />licensor. AT&T does not remove or recycle batteries. <br />B. The Maintenance Plan and any and all warranties provided to Customer in this Addendum or the Agreement do not <br />cover malfunctions or defects resulting from abnormal or nonstandard uses or conditions including, but not limited to, <br />the following types of causes: failure to provide a suitable environment for the Equipment, including exposure to <br />improper temperature, humidity, chemicals or airborne agents, Customer abuse, misuse or use contrary to standard <br />operating instructions; improper electrical voltages or currents; power or lightning surges or power interruption; <br />improper storage or placement of the Equipment; damage caused by unauthorized attachments or modification; use <br />with or interconnection of the Equipment to incompatible electrical or mechanical devices; and the installation, <br />maintenance or disassembly, repair or alteration of the Equipment by any person other than AT&T, or an entity <br />expressly approved by AT&T in writing; or Forced Majeure occurrences. In such excepted cases, Customer will pay <br />AT&T in accordance with AT&T's then prevailing rates in connection with diagnosing such excepted problems and for <br />any resulting repairs. (i) Customer is solely responsible for adequately backing up data and ensuring that its <br />networks/systems are secured against unauthorized intrusion; and (ii) acknowledges that CPE/Software that supports <br />telephony over Transmission Control Protocol/Internet Protocol (TCP/IP) may experience certain compromises in <br />performance, reliability and security even when performing as warranted and that failure to follow <br />manufacturer/licensor recommendations may make such compromises more acute. <br />C. AT&T's maintenance Service provided under the Maintenance Plan shall include preventive and remedial <br />maintenance, as required by the CPE manufacturer's specifications or by AT&T. Replacement parts and products <br />may be new or equivalent to new in performance. Such parts and products will be furnished on an exchange basis <br />and the returned parts and products will become the property of AT&T. AT&T's preventive and remedial <br />maintenance Service obligations hereunder do not include, and AT&T is not otherwise obligated to provide <br />replacement parts, software upgrades, software patches, second tier help desk support, or maintenance Service <br />resulting in CPE functionality which exceeds that expressly provided in manufacturers' or suppliers' specifications at <br />the time such product was installed (including Year 2000 functionality). <br />D. AT&T makes no guarantee as to parts availability on Equipment, Software, and Software support that has been <br />discontinued by its manufacturer or reached "end of life" status. In the event replacement parts, Software, or support <br />are not readily available, AT&T shall advise Customer and Customer shall have the option at AT&T's discretion to replace <br />or upgrade the Equipment or Software with a similar product at AT&T's then prevailing rates. In the event Customer <br />declines to authorize such replacement, AT&T shall delete such Equipment from this Addendum and cease providing <br />Service for such Equipment, and AT&T will issue, if applicable, a pro-rata refund for such deletion. Additionally, Customer <br />agrees to pay any additional charges that may be incurred by AT&T for product support services from the manufacturer <br />for products that are manufacturer discontinued or have been placed into "end of life" status. <br />E. The periodic charges specified herein include all the stated maintenance Service performed at any time in connection <br />with Emergencies and Non-Emergencies during Normal Business Hours. An "Emergency" is defined as any <br />malfunction that leaves Customer unable to place or receive calls through the CPE, or any other failure agreed to in <br />writing by the Parties. <br />F. Service performed outside of Normal Business Hours or outside the scope of the Maintenance Plan (as described in <br />Section 7 below) will be charged on a per occurrence basis billed in fifteen (15) minute increments with a minimum of <br />two (2) hours at AT&T's then prevailing hourly or premium hourly rate including travel time to and from Customer's <br />Site. Customer shall also be responsible for travel and living expenses, when required. Provisioning of such Service <br />shall be at the discretion of AT&T and shall be subject to the availability of personnel and parts, if applicable. <br />AT&T and Customer Confidential Information <br />Addendum_Voice_CPE_Support_Senrices Page 3 of 7 Revision Date 03/10/09 <br />STANDARD <br />
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