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<br />You have committed to continue Services for the entire transaction contract period. However, you may terminate Services for an Eligible Product,
<br />on notice to IBM, if you permanently remove it from productive use within your Enterprise. Otherwise, if you choose to terminate Services and these
<br />are not being replaced by equivalent Services, you may do so by providing IBM one month's written notice, after the Services have been under
<br />contract for at least one year, and paying an adjustment fee equal to _(***L months' charges"
<br />
<br />*** NUMBER OF MONTHS EQUAL TO NUMBER OF YEARS IN THE TRANSACTION CONTRACT PERIOD. FOR EXAMPLE, "3" MONTHS
<br />IF THE TRANSACTION CONTRACT PERIOD IS 3 YEARS.
<br />
<br />After allowing for applicable adjustments, you will receive a credit for any remaining prepaid period associated with Services you terminate in
<br />accordance with this provision"
<br />
<br />8. Services
<br />
<br />Warranty Service Upgrade
<br />For certain Eligible Machines, you may select a Service upgrade from the standard type of warranty Service for the Machine. IBM provides Service
<br />for Machines as described in our Agreement but charges for the upgrade in type of Service during the warranty period.
<br />
<br />You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty period ends, the
<br />Machine will become part of your standard inventory count and will convert to maintenance Service at the same type of Service you selected for
<br />warranty Service upgrade.
<br />
<br />Maintenance of IBM Machines
<br />IBM will provide Service for Machines, as described in our Agreement, for those Eligible IBM Machines specified in the Schedule.
<br />
<br />Maintenance of Non-IBM Machines
<br />IBM will provide Service for Machines, as described in our Agreement, for those Eligible non-IBM Machines specified in the Schedule. Unless
<br />specified otherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are
<br />responsible for following the manufacturer's and IBM's provided guidelines pertaining to operator responsibilities, maintenance procedures, and
<br />supplies prior to placing a Service request.
<br />
<br />Repair of non-IBM Machines is subject to the availability of repair parts and any technical support required of the original manufacturer. Repair
<br />parts will be functionally equivalent to those replaced. They may be new or used and may have been manufactured by other than the original
<br />manufacturer. You may request that IBM use repair parts manufactured by the original manufacturer when these are available, but there may be
<br />an additional charge for these parts. *
<br />
<br />IBM's support does not cover:
<br />
<br />1. Machine installation, engineering change activity, or preventive maintenance;
<br />2. correction of date related errors. IBM will make the final determination of whether a date related error is the source of the problem;
<br />3. service of microcode or firmware;
<br />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
<br />Service;
<br />5. service for accessories, supply items, and certain parts, such as batteries, frames, and covers;
<br />6. service of a Machine damaged by misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by
<br />you;
<br />7. service of a Machine with removed or altered Machine or parts identification labels;
<br />8. failures caused by a product for which IBM is not responsible; or
<br />9. service of Machine alterations.
<br />
<br />Upon written notice, IBM may terminate coverage for an Eligible non-IBM Machine due to lack of available repair parts or lack of original
<br />manufacturer technical support.
<br />
<br />Eligible non-IBM Machines must meet IBM's safety and serviceability requirements. IBM reserves the right to inspect a Machine within one month
<br />from the start of Service. If the Machine is not in an acceptable condition for Service, IBM will notify you and terminate coverage.
<br />
<br />You agree to provide IBM one month's written notice prior to terminating coverage for a Machine being permanently removed from productive use
<br />within your Enterprise.
<br />
<br />IBM Software Maintenance for 05/400, is/OS and Selected Products
<br />IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order
<br />this Service.
<br />
<br />General:
<br />
<br />1. IBM makes available to you the most current commercially available version, release or update to all of the Programs for which you acquire
<br />support under this Service, should any be made available.
<br />2. IBM provides you with assistance for your a) routine, short duration installation and usage (how-to) questions and b) code defect related
<br />questions.
<br />3. IBM provides assistance via telephone and, if available, electronic access, only to your information systems (IS) technical support personnel
<br />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
<br />through Friday, excluding national holidays). This assistance is not available to your end users. IBM provides Severity 1 assistance 24 hours
<br />a day, every day of the year. Consult the IBM Software Support Guide, which may be found at
<br />htto:/Itechsuooort.services.ibm.com/auideslhandbook.html for details. A 24x7 (every day of the year) all severity option is available at extra
<br />charge" During normal business hours, IBM's response time objective is two hours for voice and electronic problem submissions. For voice
<br />problem submissions during other than normal business hours, IBM's response time objective for critical problems (Severity 1) is two hours
<br />and if you select the 24x7 all severity option, four hours for non-critical problems. For electronic problem submissions during other than normal
<br />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
<br />response (either voice or electronic) may result in resolution of your problem or it will form the basis for determining what additional actions
<br />may be required to achieve technical resolution of your problem. IBM is not responsible for delays in electronic response delivery caused by
<br />systems and network problems.
<br />
<br />Z125-7227-01 11/2005 (MK076)
<br />
<br />contract AVCOJ1 (prepared 12/13/0511:11 AVEHUMB)
<br />
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