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mmixTechnalagy,lnc.
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<br />RESPONSIBILITIES OF ORDERING ACTIVITY
<br />Ordering Activity agrees (i) to provide Contractor personnel with full, free and safe access to Sofiware for purposes of support, including use of
<br />Contractor' standard remote access technology, if required; (ii) to maintain and operate the Software in an environment and according to
<br />procedures which conform to the Specifications; and (iii) not to allow support of the Software by anyone other than Contractor without prior
<br />written authorization from Contractor. Failure to utilize Contractor' remote access technology may delay Contractor response and/or resolution
<br />to Ordering Activity's reported Software problem. If Ordering Activity requires the use of a specific remote access technology not specified by
<br />Contractor, then Ordering Activity must purchase the Plus option to receive support and provide Contractor personnel with full, free and safe
<br />access to the remote access hardware and/or software.
<br />DEPOT SUPPORT SERVICES
<br />In the event Ordering Activity elects to purchase depot equipment repair support services ("Depot Support Services") for Ordering Activity's
<br />Contractor Equipment ("Product(s)") in locations within the United States, Canada, and Puerto Rico, Contractor shall provide such services
<br />pursuant to the following terms and conditions:
<br />DEPOT SUPPORT SERVICE. Upon the failure of an installed Product, Ordering Activity shall notify Contractor of such failure and Contractor
<br />will provide remote fault isolation at the FRU (Field Replacement Unit) or subassembly level and attempt to resolve the problem. Those
<br />failures determined by Contractor to be Product related shall be dispatched to a Manufacturer Depot Repair Center, and Ordering Activity will
<br />be provided with an RMA for the failed Product if Ordering Activity is to return the failed Product to Contractor, as reasonably determined by
<br />Contractor. Ordering Activity must return the failed product with the supplied Return Material Authorization Number (RMA).
<br />(i) Depot Exchange: Contractor will provide a replacement for the failed Product at the FRU or subassembly level on an "advanced
<br />exchange" basis, utilizing a carrier of Contractof choice. Replacement Product will be shipped the same day, for next business day
<br />delivery to Ordering Activity's location. REPLACEMENT PRODUCT(S) MAY BE NEW OR RECONDITIONED. Ordering Activity
<br />shall specify the address to which the Product is to be shipped. All shipments will include the Contractor provided RMA designating
<br />the applicable Manufacturer Depot Repair Center, as the recipient. Ordering Activity, upon receipt of the replacement Product from
<br />Contractor, shall package the defective Product in the materials provided by Contractor, with the RMA supplied and promptly return
<br />failed Products directly to Contractor using the carrier specified by Contractor.
<br />(ii) Depot Repair: It is Ordering Activity's obligation to purchase and retain, at Ordering Activity's location and at Ordering Activity's
<br />sole risk and expense, a sufficient number of spare products ("Spare Products") to allow Ordering Activity to replace failed Products
<br />at all Ordering Activity locations. Upon failure of an installed Product, Ordering Activity shall install a Spare Product to replace the
<br />failed Product. Ordering Activity shall also specify the address to which the repaired Product should be return shipped. Ordering
<br />Activity shall then return the failed Product, with the required RMA, to the applicable Manufacturer Depot Repair Center. Ordering
<br />Activity shall make every reasonable effort to return the failed Product using the same packing materials in which the original
<br />Product was sent. Upon receipt of the failed Product, Contractor shalt repair the failed Product and ship it, within ten (10) business
<br />days after receipt, to Ordering Activity. Contractor shall ship the repaired Product by regular surface transportation to Ordering
<br />Activity.
<br />RESPONSIBILITIES OF CUSTOMER. Ordering Activity agrees that it shall return failed Products promptly as the failures occur and that it
<br />shall not hold failed Products and send failed Product to Contractor in "batches" which shall result in a longer turnaround time and surcharge
<br />to Ordering Activity. In addition, Ordering Activity agrees to:
<br />(i) Maintain the Products in an environment conforming to Contractor' published specifications for such Products;
<br />(ii) Deinstall all failed Products and install all replacement Products in accordance with Contractor' published installation guidelines;
<br />(iii) Ensure that the Product(s) are returned to Contractor properly packaged; and
<br />(iv) Obtain an RMA before returning any Product to Contractor and place the RMA clearly and conspicuously on the outside of the
<br />shipping package. Ordering Activity may only return the specific Product authorized by Contractor when issuing the RMA.
<br />SUPPORT EXCLUSIONS
<br />Depot Support Service does not include the replacement of "consumables". In addition, Depot Support Service does not include the repair of
<br />damages, and Ordering Activity will not attempt to return damaged Product, resulting from:
<br />(i) Any cause external to the Products including, but not limited to, electrical work, fire, flood, water, wind, lightning, transportation, or
<br />any act of God;
<br />(ii) Ordering Activity's failure to continually provide a suitable installation environment (as indicated in Contractor' published
<br />installation guidelines) including, but not limited to, adequate electrical power;
<br />(iii) Ordering Activity's improper use, relocation, packaging, refinishing, management or supervision of the Product(s) or other failure
<br />to use Products in accordance with published specifications;
<br />(iv) Ordering Activity's use of the Products for purposes other than those for which they are designed or the use of accessories or
<br />supplies not approved by Contractor;
<br />(v) Government imposed sanctions, rules, regulations or laws preventing the shipment of the Products; or
<br />GS-35F-0265X www.immixtechnoloov.com Page ST-155
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