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Supplement for SmartServe Support Services Plans
Customer Name and Invoice Address: Region Office Address: Reference Agreement No.: 1327
Weld County 600 Colonial Center Prkwy Reference Exhibit No.:
PO Box 758 Suite 200
Greeley,CO 80632-0758 Lake Mary, FL 32746-4764 Region Office No.: E00008
Products Location Address(Premises): Customer No.: 7747367
4209 Weld County Rd
Longmont, CO 80501 Term Commencement Date: November 30,2010
Supplement Effective Date: November 30,2010
This Supplement, when signed by Siemens Enterprise Communications, Inc. (Siemens), is Siemens' acceptance of the order from the Customer
(you)for the applicable SmartServe Support Services Plan and Options(Plan)for the eligible Products(Products)installed at your Premises specified
above. A summary of each Plan is described below for the Products. As used in the Supplement and applicable Plan only, the term "Purchase Price"
means charges for Maintenance Support Services.The Purchase Price for each Plan is specified in the pricing page(Quote),which is attached to this
Supplement.Applicable taxes will be reflected in Siemens'invoices to you.
The parties agree that the Plan, the Quote and the terms in the referenced Agreement apply to this Supplement and are incorporated herein by
reference.A copy of each Plan is available upon request.
A. HiPath 4000 Real-Time IP System Products including, but not limited to, HiPath 4000 Workpoint Products such as Included
HiPath optiPoint telephone Products and HiPath AP 1120 Products; HiPath 4000 IP Convergence Platform Products
including, but not limited to, HiPath 4000 Workpoint Products; HiPath Hospitality Software; HiPath Accounting
Management Software; HiPath Fault Management Software; HiPath HG 3800 Products; HiPath Trading Products; Hicom
300 H Products including, but not limited to, desktop Products; Hicom 300 E Communications Server(CS) Products
including, but not limited to,desktop Products;Siemens 9751 including 9004.4 or 9200 Computerized Branch Exchange
(CBX) Products including, but not limited to, desktop Products; Siemens Web Control of Station Features Software;
Hicom Domain Management System (HDMS) Products; Hicom Trading System Products; Call Center Products as
designated by Siemens (excluding IBM Server Products and the HiPath Prompt Response Interactive Voice Response
(IVR)Product); PhoneMail Products excluding PBX link equipment; IntegraTRAK Product or Net6 Product.
Coverage Hours: 8 a.m.to 5 p.m., M-F,excluding Siemens holidays Included
Coverage Options: 85E Included
125E
n/a
247 n/a
Major Corrective Maintenance Response Time: Four-Hour Remote or On-Site Response Time Included
Major Corrective Maintenance Response Time Option:Two-Hour Remote or On-Site Response Time within a Siemens-
designated metropolitan area. n/a
Minor Corrective Maintenance Response Time:24-Hour Remote or On-site Response Time Included
Major Corrective Maintenance Definition Option n/a
Remote Routine Software MAC Option n/a
Value Option consisting of 85E Coverage Option and Major Corrective Maintenance Response Time Option. n/a
Advantage Option consisting of 125E Coverage Option;Major Corrective Maintenance Response Time Option; Major Corrective
Maintenance Definition Option; Unlimited Remote Routine Software MAC Option; Four Rapid Response Options;and JUST-US n/a
membership as further described in the Plan.
Care Plus Option consisting of 85E Coverage Option,Major Corrective Maintenance Response Time Option;and modified Major
Corrective Maintenance Definition Option as further described in the Plan. n/a
Dedicated On-Site Field Service Technician Option n/a
Dedicated Presence Field Service Technician Option n/a
Price Protection Option(PPO)exclusive of Siemens 9751 CBX Products,Siemens 9200 CBX Products,PhoneMail Product n/a
Release 5.X and below, ResumeRouting Software Release 2.6 and above, IntegraTRAK Product or Net 6 Product:
Extended Term:Three years as further described in the Plan.
Annual Prepayment Option(APO)(inclusive of price protection)exclusive of Siemens 9751 CBX Products, Siemens 9200 CBX Included
Products, PhoneMail Product Release 5.X and below, ResumeRouting Software Release 2.6 and above, IntegraTRAK Product or
Net6 Product:Extended Term:Three years as further described in the Plan.
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Hicom, HiPath, HiPath Corporate Connect,optiClient,optiPoint, PhoneMail,ProCenter, Prompt Response,SimplyPhone and Xpressions are trade-
marks of Siemens Enterprise Communications GmbH&Co.K.G.or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company,brand,product,and service names are trademarks or registered trademarks of their respective holders.
Z0987 Rev.80(07/09) Page 1 of 6
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Customer Participation Options: Included*
Carrier Services Management n/a
Station Product Management
Included
Switch Only
* These Options are not available when you select the Dedicated On-Site Field Service Technician Option or the Dedicated Presence Field Service
Technican Option.
Al.. Customer Participation Option for Carrier Services Management: If you ordered the Customer Participation Option for Carrier Services Man-
agement,this Section must be completed.
Customer Participation Coordinator: Sue Quick Customer's Email Address: sguickeco.weld.co.us
Telephone No.: n/a
A.2. Customer Participation Option for Station Product Management: If you ordered the Customer Participation Option for Station Product Man-
agement,this Section must be completed.
Eligible Products under HiPath 4000, Hicom 300 H, Hicom 300 E CS, Siemens 9751 CBX Model Nos. 10, 20,30, 30E, 30EX, 30EP,40, 50,70,
80,80EX and 80EP,8000 or 9000 CBX Products.
Check applicable category. You may select Mail-In or Customer Responsibility:
Category Ordered Mail-In Customer Responsibility Customer CP ID No.:
Digital Telephones n/a
IP Telephones n/a
Analog Phones n/a
Customer Participation Coordinator: Customer's Email Address:
Mailing Address for Exchange Components from Siemens:
A.3. Customer Participation Option for Switch Only: If you ordered this Option,this Section must be completed.
Customer Responsibility Customer CP ID No.:7786833
Under Switch Only
All Products outside switch/equipment room.
Customer Participation Coordinator: Sue Quick Customer's Email Address:sauick@co.weld.co.us
Telephone No.: n/a
B. HiPath 3000 Real-Time IP System Products; HiPath 3000 IP Convergence Platform Products; HiPath E911 Software; Disregard
HiPath optiClient 130 Software; HiPath optiClient Attendant Products; HiPath Accounting Management Software; HiPath this entire
Fault Management Software; HiPath Workpoint Products such as HiPath optiPoint telephone Products and HiPath AP section
1120 Products; HiPath HG 1500 LAN interface Product; HiPath 5000 Real-Time Services Manager(RSM)Software; HiPath
RSM Server Products (excluding IBM server Product); HiPath ProCenter Compact Software; HiPath ProCenter Agile,
Entry,Standard or Advanced Software(excluding optional IBM Server Product)only on HiPath 3000 Product Version 4.0
and above;HiPath Xpressions Compact Product; PhoneMail Product(s); or Net6 Product.
Coverage Hours of 8 a.m.to 5 p.m., Monday through Friday,excluding Siemens holidays Included
Major Corrective Maintenance Response Time: Four-Hour Remote Response Time Included
Minor Corrective Maintenance Response Time:24-Hour Remote Response Time Included
Advance Replacement Parts and Materials. Included
85 Option 85E Option
Price Protection Option exclusive of all HiPath AllServe Products including HiPath ProCenter Office Software and HiPath Xpressions Software; PhoneMail Product; Net6 Product; or SpectraLink Products. Extended Term:Three years as further
described in the Plan.
Annual Prepayment Option(inclusive of price protection)exclusive of all HiPath AllServe Products including HiPath ProCenter
Office Software and HiPath Xpressions Software; PhoneMail Product; Net6 Product;or SpectraLink Products. Extended Term:
Three years as further described in the Plan.
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Hicom, HiPath, HiPath Corporate Connect,optiClient, optiPoint, PhoneMail, ProCenter, Prompt Response, SimplyPhone and Xpressions are trade-
marks of Siemens Enterprise Communications GmbH&Co. K.G. or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company, brand, product, and service names are trademarks or registered trademarks of their respective holders.
Z0987 Rev. 80(07/09) Page 2 of 6
C. Hicom 150 H Products; Hicom 150 E CS Products; HiPath HG 1500 Products; HiPath optiClient 130 Software; or Disregard this
PhoneMail Product. entire section
Coverage Hours of 8 a.m.to 5 p.m.,Monday through Friday,excluding Siemens holidays Included
Major Corrective Maintenance Response Time: Four-Hour Remote Response Time Included
Minor Corrective Maintenance Response Time:24-Hour Remote Response Time Included
Advance Replacement Parts and Materials. Included
85 Option 85E Option
Price Protection Option exclusive of PhoneMail Product: Extended Term:Three years as further described in the Plan.
Annual Prepayment Option(inclusive of price protection)exclusive of PhoneMail Product
Extended Term:Three years as further described in the Plan.
D. HiPath ComResponse Software, HiPath CorporateConnect Entry, Standard or Advanced Software, HiPath Disregard this entire
DeskSharing for CorporateConnect Software, HiPath SimplyPhone CTI (3r° party) Software, HiPath Xpressions section
Software including Entry, Standard or Advanced Software, HiPath Xpressions 470 or 471 Software or Siemens
Connect Server Software.
Coverage Hours:8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Included
Major Software Outages Response Time: Four-Hour Remote or On-Site Response Time Included
Minor Software Outages Response Time: Next business day Remote Response Time Included
Phone Support Included
Service Release Packs Included
Annual Prepayment Option(inclusive of price protection): Extended Term:Three years as further described in the Plan.
Price Protection Option: Extended Term:Three years as further described in the Plan.
E. HiPath ComResponse Equipment, HiPath CorporateConnect Entry, Standard or Advanced Equipment, HiPath Disregard this entire
DeskSharing for CorporateConnect Equipment, HiPath Xpressions Equipment including Entry, Standard or section
Advanced Equipment,HiPath Xpressions 470 or 471 Equipment or Siemens Connect Server Equipment.
Coverage Hours: 8 a.m.to 5 p.m., M-F,excluding Siemens holidays Included
Major Corrective Maintenance Response Time: Four-Hour Remote or On-Site Response Time Included
Minor Corrective Maintenance Response Time: Next business day Remote Response Time Included
85E Coverage Option
Price Protection Option:Extended Term:Three years as further described in the Plan.Annual Prepayment Option(inclusive of price protection): Extended Term:Three years as further described in the Plan.
F. SpectraLink NetLink(Wi-Fi System)Product or SpectraLink Link 150 or 3000 Wireless Telephone System(WTS) Disregard this entire
Products section
Coverage Hours:8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Included
Major Corrective Maintenance Response Time: Two-Hour Remote or On-site Response Time within a Siemens-designated Included
metropolitan area, or Two-Hour Remote Response Time or Four-Hour On-Site Response Time outside a Siemens-
designated metropolitan area.
Minor Corrective Maintenance Response Time: 24-Hour Remote or On-Site Response Time. Included
Coverage Options: 85E 125E
247
Major Corrective Maintenance Response Time Option
Handsets On-Site Response Option
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Hicom, HiPath, HiPath Corporate Connect,optiClient,optiPoint, PhoneMail, ProCenter, Prompt Response, SimplyPhone and Xpressions are trade-
marks of Siemens Enterprise Communications GmbH&Co. K.G. or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company, brand, product, and service names are trademarks or registered trademarks of their respective holders.
Z0987 Rev. 80(07/09) Page 3 of 6
F.1 Siemens Customer Participation Mail-in Procedure for Wireless Handset Products:This Section must be completed, unless you have or-
dered the Handsets On-Site Response Option.
Customers Email Address:
Customer Participation Coordinator:_ Telephone No.:
1. CONDITIONS FOR SERVICES
Any performance by Siemens under each Plan is subject to, and contingent upon, credit approval or worthiness, at Siemens' sole discretion. Sie-
mens reserves the right to modify or withdraw credit terms at any time without notice, and to require guarantees, security or payment in advance of
delivery of the Services.
Siemens reserves the right to inspect the Products prior to accepting such Products under each Plan.You agree to provide: (a)a complete written
inventory of the Products; (b) proof of purchase for the original Products and upgrades to the Products, if not purchased from Siemens; and(c)written
authorization for Siemens to proceed with such an inspection at your expense. Such inspection is necessary to ensure that the Products, in Siemens'
judgment, have been maintained in accordance with the manufacturers' published user and maintenance documentation and will include, but not be
limited to, visual inspection of the Products, Products' power-up, verification of their operation and verification of the current Software revision levels. If
required by Siemens in order to include such Products under the Plan,you agree to upgrade the Products at your expense. Siemens will invoice you its
then-current prices for such upgrades. You agree to pay Siemens its then-current labor charges for the inspection. In addition, you agree to pay Sie-
mens its actual travel expenses, if such travel is outside a 50-mile radius of the supporting Siemens office.
You will provide Siemens full, free and safe access (both physical and virtual)to the Products and your Premises, as necessary, so that Siemens
can perform its obligations hereunder. Siemens'and your responsibilities and obligations are further described in the applicable Plan.
2. TERM
Each Plan selected by you will have a one-year term of service(Term)commencing on the Term Commencement Date specified in the Supplement
for the Products installed at the Premises. Except for Plans covering Siemens 9751 CBX Products and Siemens 9200 CBX Products, the Term will be
renewed automatically for successive one-year Terms subject to Siemens' then-current Supplement including the Plan, and then-current charges foi
the Products under the Plan, unless either party gives the other party written notice of its intent not to renew at least ninety days' prior to the expiratior
of the current Term. The initial one-year Term for Plans covering Siemens 9751 CBX Products and Siemens 9200 CBX Products will not be automati.
cally renewed. Any subsequent renewal Term for such Products must be mutually agreed to by the parties and contracted for under a separate Sup.
plement signed by each party at the end of the current annual Term.
Notwithstanding the foregoing, if you have selected, and Siemens has agreed to, the Annual Prepayment Option (APO)or Price Protection Optior
(PPO)described in certain Plans,that Plan will have the agreed-upon Extended Term as defined therein.
The Term or, if applicable,the Extended Term may be terminated earlier in accordance with the terms described in Section 4.
3. PURCHASE PRICE,PAYMENT AND CHANGES
(a) Purchase Price
The Purchase Price specified on the Quote in the initial Supplement is based on: (a)the Plan and Options selected by you; and(b)the list of Prod.
ucts specified in the Quote. Adjustments to the Purchase Price specified in the Quote may be made before the Term Commencement Date to reflec
additions and deletions based on the charges in effect at the time you and Siemens signed the Supplement. Any Products added to the initial Supple
ment of each Plan will be serviced in accordance with the applicable Services available for that particular type of Product.
Siemens will review the Products annually for additions and deletions and will make appropriate adjustments to the Purchase Price. Notwithstandin
the foregoing, for MAC Products on a Schedule A Ordering Document that receive a specific stand-alone warranty from Siemens, Siemens will invoice
you for the incremental Maintenance Support Services for such MAC Products immediately upon the expiration of the warranty period and not on the
annual anniversary date of the Plan.All additions will be subject to Siemens'then-current Purchase Price.
(b) Changes
You may add or delete any Option available under each Plan by giving Siemens thirty days' prior written notice.Any Option selected by you durim
the Term or, if applicable, Extended Term will be subject to the terms in your existing Plan.The Annual Prepayment Option(APO)and Price Protectior
Option (PPO) are only available if Siemens generally makes the applicable Option generally available to its Customers at the time you select this Op
tion.Siemens will provide you with a revised Supplement indicating when such Option will be effective and the Purchase Price may be adjusted accord
ingly. If you delete the APO or PPO prior to the expiration date of the Extended Term, specific termination charges apply as described in Section 4.
You may elect to add Products for coverage under this Supplement during the Term or Extended Term, as applicable. In such event,the Quote wi
be revised and signed by the parties. The revised billing will be invoiced to you based on Siemens' then-current Services rates and charges for sucl
additions. Deletions, or reductions, if any,will be credited subject to a reduction liability charge,which will consist of Siemens' non-recoverable charger
related to the reduction, as defined below in Section 4, and the reduction in Services charges. The reduction liability charge will be amortized in equa
increments over the remaining months in the Term or Extended Term, as applicable, and any unpaid reduction liability charges as of the termination c
the Plan shall be paid to Siemens within thirty days of such termination. All adjustments to the billing amount in the Quote will be processed in the nex
monthly billing cycle.
Siemens may change the hourly rates and minimum charges for Regular and Overtime Hours at any time and without prior notice.
(c) Payment
Siemens will invoice you the Purchase Price quarterly in advance,excluding the Annual Prepayment Option (APO),which will be invoiced annuall:
in advance. You agree to pay to Siemens the Purchase Price and other charges due hereunder. Payment is due within thirty days after the date of eacl
Siemens invoice. Siemens, at its option, may: (a) impose a late payment charge of 1.5% per month on any amount due that is not paid by such dui
date; and (b) suspend Services in the event your payments are not current under the Supplement, or any other agreement for Products or Service.
relating to the Products covered by the referenced Agreement. The late payment charge will accrue from such invoice date until full payment is re
ceived.
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Hicom, HiPath, HiPath Corporate Connect,optiClient,optiPoint, PhoneMail, ProCenter, Prompt Response, SimplyPhone and Xpressions are trade-
marks of Siemens Enterprise Communications GmbH&Co. K.G. or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company, brand, product, and service names are trademarks or registered trademarks of their respective holders.
Z0987 Rev.80(07/09) Page 4 of 6
4. TERMINATION FOR CONVENIENCE
You may terminate a Plan prior to its Term Commencement Date.
Upon ninety days' prior written notice to Siemens, you may terminate a Plan at any time during a Term or, if applicable, Extended Term, subject to
the following termination charges:
(a) Term or Extended Term: Siemens will invoice you, and you agree to pay Siemens, an amount equal to the Purchase Price under the Plan
for the remainder of the current Term.
(b) APO Extended Term: In addition to the termination charges described in Section 4.(a) and any other rights which Siemens may have under
the Agreement, Siemens will invoice you, and you agree to pay Siemens, a termination charge consisting of: (1)an amount equal to the Pur-
chase Price under the Plan for the remainder of the current annual period in the Term without the price protection and the four percent dis-
count received by you under the APO; and (2) an amount equal to any price protection to the Purchase Price you may have received under
the APO prior to termination;and the four percent discount.
(c) PPO Extended Term: In addition to the termination charges described in Section 4.(a) and any other rights which Siemens may have unde
the Agreement, Siemens will invoice you, and you agree to pay Siemens, a termination charge consisting of: : (1) an amount equal to thf
Purchase Price under the Plan for the remainder of the current annual period in the Term without the price protection received by you unde
the PPO;and(2)an amount equal to any price protection to the Purchase Price you may have received under the PPO prior to termination.
5. SERVICES FOR ADDITIONAL CHARGE
You will be billed at Siemens'then-current hourly time and material charges for Services performed by Siemens due to any of the following circum-
stances:
(a) Your failure to follow Siemens'or the manufacturers' installation, maintenance,environmental or operational instructions for the Products;
(b) Your failure to maintain your network in accordance with the minimum network performance requirements specified by Siemens, if applicable;
(c) Your failure to implement current, or current minus one,versions of the Software;
(d) Events of Force Majeure;
(e) Theft, vandalism, malicious or criminal acts(including but not limited to,worms,Trojan horses or viruses);
(f) Water damage;
(g) Work performed by persons other than Siemens personnel or without Siemens supervision;
(h) Changes to the operating system, network or environment that adversely affects the Software within a Product;
(i) Introduction of data into any database used by the Software by any means other than the use of the Software;
(j) Use of the Products in a manner for which they were not designed;
(k) Use of the Software on equipment other than the equipment for which such Software was designed and licensed;
(I) Interconnection of the Software with other Software not supplied by Siemens;or
(m) Service calls necessitated by products not serviced by Siemens, not covered under the Plan or requested on an expedited basis.
6. SOFTWARE LICENSE TERMS
Code fixes, Software changes, patches, Service Release Packs or Software Maintenance Releases, as applicable, delivered to you under eact
Plan are subject to the Software license terms between you and Siemens.
7. DISCLAIMER OF WARRANTY
THE MAINTENANCE SERVICES HEREUNDER ARE PROVIDED "AS-IS", WITH NO WARRANTY OF ANY KIND, INCLUDING BUT NOT LIM.
ITED TO, EXPRESS, STATUTORY OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNES£
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. PRODUCTS END OF SUPPORT
Siemens may discontinue or limit its Maintenance Support Services in the event Siemens or any third-party manufacturer of the Products,which an
a part of the Plan,declares"end of life and/or support"or similar designation(End of Support)for such Products. Upon such End of Support declaration
Siemens will notify you in accordance with the terms in Section 12.
9. LIMITATION OF LIABILITY
IN ADDITION TO THE LIMITATION OF LIABILITY PROVISIONS DESCRIBED IN THE REFERENCED AGREEMENT, SIEMENS WILL NOT BE
LIABLE TO YOU FOR(a)ANY COSTS RESULTING FROM HACKING, UNLAWFUL INTRUSION,ISSUES WITH NETWORK SECURITY,OR LONC
DISTANCE OR NETWORKING CHARGES; OR (b) YOUR RELIANCE ON THE PRODUCTS OR THE SOFTWARE FOR COMMUNICATIONS IP
CRITICAL,LIFE THREATENING OR EMERGENCY SITUATIONS(e.g.911).
10. EXPORT COMPLIANCE
Products and Services sold by Siemens under the Agreement are for domestic consumption. Any export of such Products or Services must IN
made in compliance with applicable U.S. laws. YOU AGREE TO INDEMNIFY AND HOLD SIEMENS HARMLESS FROM ANY AND ALL COSTS, LI
ABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO YOUR NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULA
TIONS.
Siemens will not be obligated to perform any obligations under the Agreement, and will not incur any liability or consequence as a result of sucl
non-performance,to the extent that performance would constitute a violation of, or would result in,the imposition of any sanctions under any law, regu
lation or other applicable national or international foreign trade and customs requirements or embargos.
11. RECRUITING AND HIRING
For a period of one year after the expiration or termination of the Term or, if applicable, Extended Term, you will not recruit or attempt to hire Sie
mens employees, subcontractors or agents, who perform Maintenance Support Services described in the Supplement, without Siemens' prior writtei
consent.
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Hicom, HiPath, HiPath Corporate Connect, optiClient, optiPoint, PhoneMail, ProCenter, Prompt Response, SimplyPhone and Xpressions are trade-
marks of Siemens Enterprise Communications GmbH&Co. K.G.or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company, brand, product,and service names are trademarks or registered trademarks of their respective holders.
Z0967 Rev. 80(07/09) Page 5 of 6
12. NOTICES
Any notice required under this Supplement will be in writing and delivered to the addresses specified on page one. Such notice may be sent by: (a)
certified mail, return receipt requested; (b)overnight delivery service; or(c)facsimile; and will be deemed to have been given in the case of certified
mail, five days after the date of mailing, in the case of overnight delivery, one day after being given to an express overnight courier, or in the case of
facsimile, upon transmission as indicated by confirmation. Either party may from time to time change its address or designee for notification purposes
by giving the other party written notice of the new address or designee and the date upon which it will become effective as may be specified by similar
notice.
13.ORDER OF PRECEDENCE
The following order of precedence, from highest to lowest priority, shall prevail upon the applicable documents under the Agreement: (a) Custom
Exhibit or Amendment, the highest precedent to the most recent document in time; (b) Supplement Ordering Document; (c)Services Plan; (d)State-
ment of Work; (e) Quote; and (f)the Agreement. Any inconsistent or pre-printed terms on your Purchase Order or written notification from you without
the prior written agreement of Siemens is void.
Accepted by:
Weld County Government Siemens Enterprise Communications,Inc.
/ Custom/der L. • Ct
Q 'By ' - �jhkosciern ilk/ By �"�� bal n""" —
/ Authorized Signature orized S r ture Douglas Rademacher AIJG 2 3 2010 I C - f-u0✓t.� Qu
Name(Type or Print) Date • Name(Type or Print) Ddte
l
Board of Weld County Commissioners
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Hicom, HiPath, HiPath Corporate Connect,optiClient,optiPoint, PhoneMail, ProCenter, Prompt Response,SimplyPhone and Xpressions are registered
trademarks of Siemens Enterprise Communications GmbH&Co. K.G.or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company, brand, product,and service names are trademarks or registered trademarks of their respective holders.
Z0987 Rev.80(07/09) Page 6 of 6
0VC7( - i`r 7
SIEMENS
SmartServe Support Services Plan
(HiPath 4000, Hicom 300 H, Hicom 300 E CS, Siemens CBX,
Call Center, PhoneMail and other Products)
This document describes the Siemens Enterprise Communications, Inc.(Siemens)SmartServe®Support Services Plan and Options(Plan)available to
the Customer(you)for the following Products: HiPath 4000 Real-Time IP System Products including, but not limited to, HiPath 4000 Workpoint
Products such as HiPath optiPoint telephone Products and HiPath AP 1120 Products; HiPath 4000 IP Convergence Platform Products includ-
ing,but not limited to, HiPath 4000 Workpoint Products; HiPath Hospitality Software; HiPath Accounting Management Software; HiPath Fault
Management Software; HiPath HG 3800 Products; HiPath Trading Products; Hicom 300 H Products including, but not limited to, desktop
Products; Hicom 300 E CS Products including, but not limited to, desktop Products; Siemens 9751 including 9004.4 CBX or 9200 CBX Prod-
ucts including, but not limited to,desktop Products; Siemens Web Control of Station Features Software; Hicom Domain Management System
(HDMS)Products; Hicom Trading System Products;Call Center Products as designated by Siemens(excluding the HiPath ProCenter Prompt
Response Interactive Voice Response(IVR)Product and IBM Server Products); PhoneMail voice messaging system Products excluding PBX
link equipment; IntegraTRAK Product; or Net6 Product. For purposes of this document, CS is deemed to mean the HiPath 4000, Hicom 300 H
Products or Hicom 300 E CS Products and CBX is deemed to mean Siemens 9751 (including 9004.4 and 9005)or 9200 Products. This Plan does not
cover customer-provided equipment, the HiPath ProCenter Prompt Response Interactive Voice Response (IVR) Product, Siemens-provided IBM
eServer Products, Siemens-provided battery products (including American Power Conversion products), Siemens-provided Impact Technologies
PhoneGuide and PhoneGuide LIVE Software, or Siemens-provided SDC Products, such as SDC IntelliDesk, SDC IntelliSpeech and SDC WebSer-
vices.
1. DEFINITIONS i) Maintain the modem required for your CS or CBX Product, HiPath
Automatic Dispatch — A Field Service Technician (FST) will be dis- 4000 Manager Product, HiPath Accounting Management Software
patched during your next Coverage Hours if such on-site Major Corrective and HiPath Fault Management Software for purposes of problem
Maintenance Services are required. If a FST is dispatched because the isolation and running remote diagnostics, and ensuring that the
attendant's console was left in day mode instead of night mode, you will modem is installed at all times;
be charged at Siemens'then-current response charge. j) Ensure that the Software version level on any Software application
Carrier Services Management—Siemens will perform the initial prob- that is covered under this Plan is at the currently available Software
lem determination and resolve problems with Siemens Products and Ser- version level, or the currently available Software version level mi-
vices. If Siemens Products or Services do not cause the problem, Sie- nus one;and
mens will contact the appropriate carrier services provider(CSP)to affect k) Ensure that the dongle within the HiPath 4000 Product is installed
repair. Siemens will coordinate and track the CSP's commitments to at all times as the installed dongle is required for Siemens to re-
completion and escalate problems within the CSP's organization, as nec- motely perform problem isolation, run diagnostics and other admin-
essary. Siemens will maintain records of the Siemens trunk numbers istrative tasks such as fixes or changes.
associated with the CSP's circuits. Maintenance Support Services— Services performed during the Term
Coverage Hours — The hours during which Maintenance Support Ser- or Extended Term of the Plan to repair or replace a Product so that the
vices will be provided without an additional charge. Product substantially conforms to the Product's functional specifications
in effect on the Cutover Date or Installation Date of the Product.
Customer Responsibilities — You are responsible for performing the Major Corrective Maintenance—Maintenance Support Services for the
following tasks as applicable.You agree to: Products referenced below when:
a) Assign a person to act as your designated single point of contact a) Any attendant console (excluding the Siemens-provided HiPath
between you and Siemens for all matters related to the Mainte- 4000 UPOe card in a customer-provided personal computer) in a
nance Support Services selected by you in the Plan; CS or CBX Product cannot place or receive calls;
b) Follow the installation, maintenance, environmental or operational
instructions for the Products as described in the Siemens-provided b) A minimum of 20 percent of all telephone and data ports in a CS or
applicable Products' documentation, e.g., maintain a current back- CBX Product cannot place or receive calls;
up of the PhoneMail Product's database and system files and store c) A minimum of 20 percent of all trunks in a CS or CBX Product are
the database and system files in a secure location; inoperative;
c) Load a Software Maintenance Release(SMR)onto your dedicated d) A T1/D3 span in a CS or CBX Product is inoperative;
servers and personal computers upon receipt of a SMR from Sie- e) A Siemens-designated major attached application processor, such
mens; as a PhoneMail Product, cannot send, receive, or retrieve informa-
d) Load a code fix or Software change onto your applicable hardware, tion;
e.g., IBM RS/6000, personal computers, supervisor workstations, f) A minimum of 20 percent of the trunks or agents supported by
teleworkers'personal computers; Siemens Centralized Attendant Service or Flex-Routing/Automatic
e) Make one back-up copy of the Software upon receipt of any SMR, Call Distribution (ACD) applications or successor applications in a
code fix or Software change received from Siemens and store the CS or CBX Product are inoperative or cannot place or receive calls,
copy in a secure location; respectively;or
f) Periodically create a back-up of your database using the HDMS g) A minimum of 10 percent of the tradeboards, trunks or dedicated
Product's Utilities Backup/Restore disk, if the Supplement includes facilities terminated on a Hicom Trading Product are inoperative.
the HDMS Product; Major Corrective Maintenance that begins on site during your Cover-
g) Clean every 25 hours the BusinessView for Telemanagement's age Hours and is not completed will be continued during Overtime Hours
DAT drive is in use, if one is provided by Siemens; as long as progress is being made, unless you instruct Siemens not to
h) Re-load Siemens Web Control of Station Features Software; continue beyond your Coverage Hours. Services performed during Over-
Siemens Enterprise Communications, Inc.
"Siemens Enterprise Communications, Inc"is a Trademark Licensee of Siemens AG
Flex-Routing,Hicom,HiPath, PhoneMail, ProCenter and Prompt Response are trademarks of Siemens Enterprise Communications GmbH&Co. K.G.
or its subsidiaries and affiliates.
"Siemens Enterprise Communications GmbH&Co. K.G."is a Trademark Licensee of Siemens AG
All other company, brand,product,and service names are trademarks or registered trademarks of their respective holders.
Z0988 Rev.57(10/08) Page 1 of 5
time Hours will be at Siemens' then-current hourly rates for Overtime Options:
Hours. The following Options are available for an additional charge. A Price
Minor Corrective Maintenance — Maintenance Support Services for a Protection Option and Annual Prepayment Option are available for three
Product other than those included in the definition of Major Corrective consecutive one-year Terms for certain Products. In addition, Customer
Maintenance. Participation Options are available that will reduce the Purchase Price.
On-Site Response—Arrival of a FST at your Premises to provide Main- Coverage Options:
tenance Support Services on a Product after Siemens determines that on- a) 85E Coverage: 8:00 a.m. to 5:00 p.m., Monday through Friday, ex-
site response is required. cluding Siemens holidays, for Minor Corrective Maintenance, and
Overtime Hours—Any time outside your Coverage Hours. Maintenance 24 hours a day, 7 days a week, including Siemens holidays, for
Support Services begun during your Coverage Hours will be continued Major Corrective Maintenance;
into Overtime Hours at Siemens' then-current hourly overtime rates, b) 725E Coverage: 6:00 a.m. to 6:00 p.m., Monday through Friday,
unless you instruct Siemens not to continue beyond your Coverage excluding Siemens holidays, for Minor Corrective Maintenance,
Hours. and 24 hours a day, 7 days a week, including Siemens holidays,
for Major Corrective Maintenance;or
Part—Means replacement part including components thereof. c) 247 Coverage: 24 hours, 7 days a week, including Siemens holi-
Parts and Materials—Parts and materials are provided at no additional days.
charge if associated with Maintenance Support Services for a Product, Major Corrective Maintenance Response Time Option:
except for those Parts and materials not covered under Siemens'mainte-
nance provisions. Each Part is either a new part or a serviceable used Two-Hour Remote or On-Site Response Time for Major Corrective
part. You agree to return replaced parts to Siemens and such parts will Maintenance within a Siemens-designated metropolitan area.
become Siemens'property. Rapid Response Option:
At the time you place a call for Maintenance Support Services, you
Purchase Price—As used in the Supplement and Plan only, Purchase may request the Rapid Response Option, which improves On-Site Re-
Price means charges for optional Maintenance Support Services as sped- sponse Time during your Coverage Hours from 24 hours to three hours
fed in the Supplement. for Minor Corrective Maintenance. You will be charged Siemens' then-
Regular Hours — 8 a.m. to 5 p.m., Monday through Friday, excluding current charge for Rapid Response each time a FST is dispatched under
Siemens holidays. A list of Siemens holidays is available from any Sie- this Option.
mens office upon request. You may also request on-site Major or Minor Corrective Maintenance
outside your Coverage Hours by requesting the Rapid Response Option,
Remote Response —An attempt to provide Maintenance Support Ser- which improves the On-Site Response Time to three hours. You will be
vices remotely before dispatching a FST to your Premises. charged Siemens' then-current charge for Rapid Response each time a
Remote Software Application Support — Remote diagnostics per- FST is dispatched under this Option, in addition to the applicable hourly
formed on an attached Siemens computer telephony integration Product, rate.
such as HiPath Common Application Platform application Software. Ser-
Major Corrective Maintenance Definition Option:
vices include: Major Corrective Maintenance under this Option is Maintenance Sup-
a) Verification that the links to and from the CS or CBX (excluding port Services for the Products referenced below when:
Siemens 9200 CBX Product), personal computer or host computer a) Any attendant console (excluding the Siemens-provided HiPath
(if applicable)are up and the application is running as expected; 4000 UPOe card in a customer-provided personal computer) in a
b) Remote problem determination and problem source identification. CS or CBX Product cannot place or receive calls;
A FST will be dispatched to your Premises when a problem re-
b) A minimum of 10 percent of all telephone and data ports in a CS or
quires on-site problem determination; CBX Product cannot place or receive calls;
c) Updates to your current maintenance releases that include code c) A minimum of 10 percent of all trunks in a CS or CBX Product are
fixes; inoperative;
d) Consultation for enhancements and changes to the Siemens appli- d) A Tl/D3 span in a CS or CBX Product is inoperative;
cation Software or Product;and e) A Siemens-designated major attached application processor, such
e) Coordination with, and technical assistance and escalation sec- as PhoneMail,cannot send, receive,or retrieve information;
vices to, your affected computer and application vendors to expe- f) A minimum of 10 percent of the trunks or agents supported by
dite timely resolution of the problem. Siemens Centralized Attendant Service or Flex-Routing/Automatic
Response Time—A target of how quickly Siemens will respond to per- Call Distribution (ACD) applications or successor applications in a
form remote or on-site Maintenance Support Services on a Product. CS or CBX Product are inoperative or cannot place or receive
2. MAINTENANCE SUPPORT SERVICES calls, respectively;or
Siemens willprovide the following Maintenance Support g) A minimum of 10 percent of the tradeboards, trunks or dedicated
Services, as facilities terminated on a Hicom Trading Product are inoperative.
applicable, during the Coverage Hours of 8 a.m. to 5 p.m., Monday
through Friday,excluding Siemens holidays: Major Corrective Maintenance that begins on site during your Cover-
a) Four-Hour Remote or On-Site Response Time for Major Corrective age Hours and is not completed will be continued during Overtime Hours
as long as progress is being made, unless you instruct Siemens not to
Maintenance;
b) 24-Hour Remote or On-Site Response Time for Minor Corrective continue beyond your Coverage Hours. Services performed during Over-
time Hours will be at Siemens' then-current hourly rates for Overtime
Maintenance;
c) Service labor,Parts and materials; Hours.
d) Remote polling, if appropriate trunking(as designated by Siemens) Remote Routine Software MAC Option:
is installed; Siemens will perform Remote Routine Software MAC during Regular
e) Remote diagnostics; Hours. Routine Software MAC are certain Software changes to your CS or
f) Remote repair; CBX that can be performed remotely through the maintenance port (if
g) Automatic Dispatch of Field Service Technician; equipped). These changes include, but are not limited to,the following:
h) Carrier Services Management;and a) Add/delete/changes to the Software database;
i) Remote Software Application Support. b) Software feature button table modifications;
You are responsible for performing the tasks specified under Cus- c) Class of service changes in accordance with Siemens'standard
tomer Responsibilities in Section 1. definitions;
Siemens' performance of Maintenance Support Services, at your re- d) Simple Automatic Call Distribution(ACD)changes,e.g.,adding
quest outside your Coverage Hours, will be at Siemens' then-current a user or deleting a user;
hourly rates and minimum charges for Overtime Hours. Siemens will pro- e) Simple Dialed Number Identification Services(DNIS)changes;
vide such Services on an"as available"basis. f) Change telephone type;
Z0988 Rev. 57(10/08) Page 2 of 5
g) Move telephone(Software only with appropriate approval); labor associated with Hardware MAC. Hardware MAC is defined as
and/or moves, adds and changes to pre-wired locations of the CS or CBX Prod-
h) Creation, modification,and assignment of station attributes and uct that are performed on site, excluding cabling, key sets, and new car-
features as follows: rier services. You must order the equipment for such Hardware MAC
1) Extension number; through Siemens' Customer Support Center as"ship only"items.All such
2) Extension's system forwarding; equipment is billable to you at Siemens' then-current prices. Scheduling
3) Calling name display; for the installation of such Remote Routine Software MAC or Hardware
4) Existing class of service; MAC Services must be coordinated through Siemens' Customer Support
5) Pick group; Center. In the event the FST must perform maintenance tasks during the
6) Hunt group; agreed-upon installation time frame, the FST will complete the Remote
7) Distribution group; Routine Software MAC or Hardware MAC Services at a later time during
8) Auto intercom; the Coverage Hours. You may schedule such MAC work to be performed
9) Buzz target;and/or by other Siemens employees, and in such case, the Hardware MAC will
10) Existing Software feature table. be billable to you at Siemens'then-current standard MAC hourly rates and
Siemens will provide your contact with a target completion date at the minimum charges.
time the order is received. If you have selected the Value, Advantage or Care Plus Option, in
Value Option: addition to this Option,the Coverage Option and Major Corrective Mainte-
Siemens will provide to you the following Options: nance Response Time Option specified in each Option will only apply
a) 85E Coverage Option;and outside the Coverage Hours specified in this Option.
b) Major Corrective Maintenance Response Time Option. In addition, if you have selected the Advantage Option, Siemens may,
at its discretion and at no additional charge, provide personnel other than
Advantage Option: the Dedicated On-Site FST to perform the work under item (d) under that
Siemens will provide to you the following Coverage Option, Major Cor- Option and item(i)in the first paragraph of Section 3.
rective Maintenance Response Time Option, Major Corrective Mainte-
nance Definition Option, modified Remote Routine Software MAC Option Dedicated Presence Field Service Technician Option:
and modified Rapid Response Option, in addition to other Services: Siemens will provide one Dedicated Presence FST on site during the
a) 125E Coverage; hours of 8 a.m.to 5 p.m.,with one hour for lunch, Monday through Friday,
b) Major Corrective Maintenance Response Time Option; excluding Siemens holidays (Coverage Hours). Since the FST will be on
c) Major Corrective Maintenance Definition Option; site during the Coverage Hours, the Response Times under the Plan and
d) Unlimited number of Software MAC Services as described under any applicable Options will not be in effect during such Coverage Hours.
the Remote Routine Software MAC Option; In the event the assigned FST is sick, on vacation, at new Product train-
e) Rapid Response Option. Under this Advantage Option, Siemens ing or required Siemens meetings, or is otherwise unavailable, Siemens
waives its Rapid Response charge for the first four Rapid Re- will provide its Maintenance Support Services in accordance with the
sponse Options; however,you will be charged the applicable hourly Response Times described in the Plan and any applicable Options se-
rate if you elect the Rapid Response Option outside your Coverage lected by you.
Hours;and Under this Option, the only responsibility of the Dedicated Presence
f) One annual membership in Joint Users of Siemens Technologies- FST is to provide on-site Maintenance Services as described in item (a)
United States (JUST-US). Siemens will enroll one of your employ- through item (i) in the first paragraph of Section 3. You must order any
ees, as designated by you in writing, and pay the annual member- other work through Siemens' Customer Support Center who will schedule
ship fee;and its completion with the assigned FST or other Siemens employees. All
Siemens will perform its obligations under item (d) only during its such work is billable to you in accordance with Siemens' then-current
Regular Hours. The Rapid Response Options under item (e) are not cu- labor rates, materials prices and minimum charges.
mulative and must be completed prior to the next annual anniversary of If you have selected the Value, Advantage or Care Plus Option, in
the Term Commencement Date. addition to this Option, the Coverage Option and Major Corrective Mainte-
nance Response Time Option specified in each Option will only apply
Care Plus Option: outside the Coverage Hours specified in this Option.
Siemens will provide to you the following Coverage Option, Major Cor- In addition, if you have selected the Advantage Option, Siemens may,
rective Maintenance Response Time Option and modified Major Correc- at its discretion and at no additional charge, provide personnel other than
five Maintenance Definition Option: the Dedicated FST to perform the work under item (d) under that Option,
a) 85E Coverage Option; and item(i)in the first paragraph of Section 3.
b) Major Corrective Maintenance Response Time Option;and Price Protection Option:
c) Major Corrective Maintenance Definition Option. In addition, you The following Products are excluded from this Option: Siemens 9751
may select a certain number of critical telephones to be included CBX Products,Siemens 9200 CBX Products, PhoneMail Product Release
under this Option. The list of telephones will be mutually agreed 5.X and below, and ResumeRouting Software Release 2.6 and above,
upon and submitted to Siemens immediately upon your selection IntegraTRAK Product and Net6 Product.
of this Option. For purposes of this Option, a critical telephone is Under this Option, only a three consecutive one-year Term (Extended
one that is not operational(calls cannot be placed or received). Term) is available; provided Siemens makes this Option generally avail-
This Option is only available to health care facilities that operate 24 able to Customers at the time you select this Option.
hours a day, 7 days a week, such as hospitals, urgent care clinics, free- For your agreement to an Extended Term, Siemens will protect the
standing surgery centers or nursing homes. Purchase Price as described herein.The annual Purchase Price for each
Dedicated On-site Field Service Technician Option year of the Extended Term will be based on the lower of:
Siemens will provide one Dedicated FST on site during the hours of 8 a) The percentage change specified in the Consumer Price Index for
a.m. to 5 p.m.,with one hour for lunch, Monday through Friday,excluding All Urban Consumers, U.S. City Average, for the month of De-
Siemens holidays(Coverage Hours). Since the FST will be on site during cember of the prior year, as reported by the Department of Labor;
the Coverage Hours, the Response Times under the Plan, and any appli- or
cable Options, will not be in effect during such Coverage Hours.Siemens b) Siemens'then-current Purchase Price.
will provide a back-up Dedicated On-site FST in the event the assigned However, all additions will be subject to Siemens' then-current Purchase
FST is sick, on vacation, at new Product training or required Siemens Price.
meetings,or any other time the assigned FST is not available. Should you select this Option during a Term and Siemens agrees to
The primary responsibility of the Dedicated On-site FST is to provide such request, the Extended Term will be effective on the next annual
on-site Maintenance Support Services as specified in item (a) through anniversary of the Term Commencement Date. However, the Purchase
item (i) in the first paragraph of Section 3. When the FST is not perform- Price will be Siemens' then-current prices in effect at the time Siemens
ing specific maintenance tasks or any maintenance-related tasks the FST accepts your signed Supplement authorizing the Extended Term.
will, at no additional charge: (a) perform Software MAC Services as de- Should you select the APO subsequent to selecting this Option and
fined in the Remote Routine Software MAC Option; and (b) provide the Siemens agrees to such request, Siemens will not increase the Purchase
Z0988 Rev.57(10/08) Page 3 of 5
Price during the Extended Term under this Option. However, all additions a) Additional training in carrier services management as part of a Sys-
will be subject to Siemens'then-current Purchase Price. tem Management Training course offered by Siemens for addi-
Should you delete this Option during the Extended Term, you will be tional charge;and
subject to the termination charges described in the Supplement. b) Upon your successful completion of the appropriate Siemens-
At the end of the Extended Term, at Siemens' sole discretion, this provided training class, the capability of communicating through
Option may be extended on a year-to-year basis under the same terms as the maintenance port utilizing an appropriate printer or terminal,
described herein. Otherwise, Siemens will continue to provide its Mainte- provided by you, to enhance problem determination of system
nance Support Services under the Plan, without this PPO, at its then- alarms in the applicable CS or CBX Products.
current terms and prices. When you report a problem to Siemens that you have determined is
caused by Siemens Products, if Siemens verifies your findings, it will
Annual Prepayment Option(APO)
The following Products are excluded from this Option: Siemens 9751 repair rm describedor replede the Plan. If Siemens l Product in l accordance with the
CBX Products,Siemens 9200 CBX Products, PhoneMail Product Release terms in the trunk
If e,re you oe determines n that the
problem is as d b a trunk or hioose to, will beers thef oppor-
5.X 5.X and below, and ResumeRouting Software Release 2.6 and above, tunity to contact the CSP. If you choose to have Siemens perform the
IntegraTRAK Product and Net6 Product. carrier services coordination for that problem, you will pay for such coor-
Under this Option, only a three consecutive one-year Term (Extended dination at Siemens'then-current hourly rates.
Term) is available; provided Siemens makes this Option generally avail- Siemens is not liable for service, remote diagnostics,remote software,
able to Customers at the time you select this Option. autopoll or committed response times if you elect and are given access to
For your agreement to an Extended Term, and your agreement to pay the maintenance port of the CS or CBX Product, and such maintenance
Siemens the Purchase Price annually in advance, Siemens will grant you port is not available to Siemens personnel. In addition, you will be
a four percent discount to be applied against such Purchase Price effec- charged at Siemens'applicable then-current hourly rate for any time spent
tive on the Term Commencement Date or as stated herein. The APO by a FST waiting for availability of the maintenance port in order to per-
Purchase Price is non-refundable.Siemens will not increase the Purchase form Maintenance Support Services while your personnel are using such
Price during the Extended Term except for additions,which will be subject port.
to Siemens'then-current Purchase Price.
Should you select this Option during a Term and Siemens agrees to Customer Participation Option for Station Product Management
such request, the four percent discount will be applied against such Pur- This Option is not available when you select the Dedicated On-site
chase Price on the next annual anniversary of the Term Commencement Field Service Technician Option or Dedicated Presence Field Service
Date.Siemens will calculate the APO Purchase Price by using those prices Technician Option. This Option is not available for station Products under
in effect on the date Siemens accepts your signed Supplement authoriz- the Siemens 9200 CBX Product. You may select one of the following
ing the Extended Term. three categories under this Option:
Should you select this Option subsequent to selecting the Price Pro- Mail-in:
tection Option (PPO)and Siemens agrees to such request, the Extended You will receive a reduction to the Purchase Price for assuming in-
Term of this Option will run concurrently with the Extended Term of the creased responsibility for the maintenance and replacement of certain
PPO. eligible station Products in the CS or CBX Products. Charges for Phone-
Should you delete this Option during the Extended Term, you will be Mail are not subject to a price reduction under this Option.
subject to the termination charges described in the Supplement. Eligible station Products located at your Premises will be:
If during an Extended Term, Siemens extends an offer to you to trade a) "Digital Telephones"— all models of optiPoint 500 (Economy,
in any of the Products under this Plan for a replacement version of that Basic,Standard,Standard SL,Advance,Advance Plus);or
Product purchased directly from Siemens, Siemens will apply towards its b) "IP Telephones"—all models of optiPoint 400,optiPoint 600,op-
final progress payment invoice for the replacement Product described on tiPoint 410 and optiPoint 420;or
a Schedule A, an amount equal to the unused portion of the APO Pur- c) "Analog Phones" — singleline telephones, singleline
chase Price, if any, paid to Siemens for the then-current one-year Term. flash/message waiting phones,and singleline mini-wall phones.
Siemens will calculate such unused amount by prorating the APO Pur- You must select this Option at least three weeks before the Supple-
chase Price paid for such one-year period. In addition, Siemens will waive ment Effective Date that will be specified in the Supplement.
the termination charges described in the Supplement. If you select this Option,you will:
At the end of the Extended Term, at Siemens' sole discretion, this a) Identify an individual who will act as the Customer Participation
Option may be extended on a year-to-year basis under the same terms as Contact/Coordinator at each location which will ship failing
described herein. Otherwise, Siemens will continue to provide its Mainte- components to Siemens for exchange and who will complete
nance Services under the Plan,without this APO,at its then-current terms the required documentation;
and prices. b) Perform problem determination from the component to the wall
Customer Participation Option for Carrier Services Management jack for the station Products which you identified for coverage
This Option is not available when you select the Dedicated On-site under this Option;
Field Service Technician Option or Dedicated Presence Field Service c) Stock components to be used to replace failing components;
Technician Option. and
Siemens will perform Maintenance Support Services from the demar- d) Exercise due care and properly package the failing components
cation point(a jack where a carrier services provider[CSP]terminates its when mailing such failing components to Siemens for ex-
trunks and circuits) to the end of your Siemens-supplied equipment. You change.
will assume the following responsibilities associated with carrier services You will pay all charges to mail the failing component (either an indi-
management, which will result in a reduction in the Purchase Price. You ail t
m station Product or parts thereof) to Siemens. Siemens will pay to
agree to: mail the exchange component to you.
a) Perform problem determination to determine a suspected cause of Arctic or Mangan colored optiPoint telephones, including black hand-
problems with static/noise/hum/echo/squeal, no dial tone, or dead set cords,sent to Siemens for exchange,will be replaced by black colored
line after receiving dial tone; units. Flashphone telephone replacements sent from Siemens will have
b) Refer the problem to the appropriate CSP after running applicable message waiting capability. However, this capability will not be functional
diagnostics, if the problem is not caused by Siemens Products; if the message-waiting feature is not present on the CS or CBX Product.
c) Track commitments made by the CSP through to completion; Analog Phones sent to Siemens for exchange will be replaced by brown
d) Escalate issues to the CSP, as required, to obtain problem resolu- or ash-colored units only, as specified by you. All cords will be replaced
tion;and with either 12-foot handset cords or 14-foot line cords as applicable. Each
e) Maintain records of Siemens trunk numbers associated with the replacement component is either a new component or a serviceable used
CSP's circuit numbers. component and becomes your property at time of exchange.All replaced
Siemens will make available the following to assist you in the perform- components become Siemens' property at time of exchange.
ance of your responsibilities under this Option: If Siemens determines upon receipt of a component for exchange that
the problem identified is due to causes described in Section 5 of the Sup-
Z0988 Rev. 57(10/08) Page 4 of 5
plement, Siemens will return the component collect to you. You will be If Siemens is dispatched to your Premises for Services relating to your
responsible for obtaining a replacement. responsibilities under this category, you will be charged at Siemens' ap-
If Siemens is dispatched to your Premises for service relating directly plicable then-current hourly rate.
to the maintenance or repair of any Digital or IP Telephones or Analog
Phones covered under this Option, you will be charged at Siemens'appli- Customer Participation Option for all Products outside the
cable then-current hourly rate. switch/equipment room(Switch Only):
This Option is not available when you select the Dedicated On-Site
Customer Responsibility:
You will receive a reduction to the Purchase Price if you elect to as- Technician Te Service Technician Option or Dedicated Presence Field Service
sume responsibility for procuring the replacement station Products in- You
Option.
will will receive a reduction to the Purchase Price if you elect to as-
stead of sending failing station Products to Siemens for exchange as sume total responsibility for all Products outside of the switch/equipment
described in the Mail-In category. room, including but not limited to, diagnosing problems and replacing all
Eligible station Products located at your Premises will be: cabling, station Products and other Products such as data networking and
a) "Digital Telephones"—all models of optiPoint 500(Economy, Ba- videoconferencing Products, etc. Siemens will be responsible for all Sie-
sic, Standard,Standard SL,Advance,Advance Plus);or mens-provided equipment inside the switch/equipment room. If Siemens
b) "IP Telephones"—all models of optiPoint 400,optiPoint 600, opti- is dispatched to your Premises for Services relating to your responsibili-
Point 410 and optiPoint 420;or ties under this category, you will be charged at Siemens'applicable then-
c) "Analog Phones" — singleline telephones, singleline current hourly rate.
flash/message waiting phones,and singleline mini-wall phones.
Z0988 Rev. 57(10/08) Page 5 of 5
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