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system configuration problems, Soflware Problems, or in the case of operating system software coordinating resolving the problem with the third party vendor of such software. "Tier III Support" means that level of su�port utilized to address highly complex problems, including resolving �Problems involving LUCENT's Palsol�ution to a Problem. Workaround"means a temporary 2. TERM AND TERMINATION When executed by both partiee�ol��A�endix Aland�ont necin effec�as long aseLUCENT offers Ma'mtenance commences for the Products s PP eriod. Durin the and Support Services and CITY elects to pay for such Services after expiration of the warranty P g vvarranty period LUCENT shall provide Standard Maintenance Services, as defined herein, without charge. CITY shall be liable for any billable services that are excluded from S od odtMau�Xe�an on of the Swarranty peri d or tanY 7, and that are provi de d at CITY's re quest. Sixty (60) days p P renewal period of Maintenanrvecan o be p�ov ded under the terms of 1this1Agreement for the following twelges(12) Maintenance and Support Se P months. If CITY timely remits payment to LUCENT,then this Agreement shall be automatically renewed for suc additional twelve (12) period. If CITY does not make payment timely, then this Agreement shall automatically terminate. If a lapse occurs, at any tune, in the coverage under this Agreement,LUCENT may invoice the CITY a reactivation fee to inspect the Products prior to entering into a new Maintenance and Support Agreement. If CITY fails to pay any invoice in full within a period of thirty (30) days after the same is due and such failure continues for a period of ten (10) days after LUCENT gives notice to CITY thereof,then in addition to all other rights and remedies at law or otherwise, LUCENT shall have the right to terminate this Agreement upon twenty four(24)hours notice to CITY without any liability to CITY whatsoever. Except for CITY's failure to make payments,as herein above set forth, either party may terminate this Agreement on notice if the other party has defaulted in the performance of its obligations under this ADreement,has breached any material provision of this Ao eement, or becomes insolvent,invokes as a debtor any laws relating to the relief of debtors' or creditors'rights, or has such laws invoked against it as a debtor. Such termination shall be effective thirty (30) days after notice, unless such default or breach has cured or the terminating party is satisfied with other party'ssolvency within that time. Upon termination of this Agreement by CITY,LUCENT shall be entitled to accelerate all payments due hereunder. 3. SERVICE COVERAGE OPTIONS/RESPONSE TIME CITY may select either the Standard Maintenance Option or Extended Maintenance Option,as follows: p,, Standard Maintenarice Option includes 8:OOAM to S:OOPM, Monday through Friday, excludin� LUCENT holidays. B. Extended Maintenance Option includes seven day by 24 hour coverage,including LUCENT holidays. C. Whichever coverage option is selected, that coverage applies to all Products listed on Appendix A (i.e., coverage options cannot be mixed.) D, The objective Response Time is four hours within the coverage period selected by CITY. In the case of the Standard Maintenance Option if the Problem is not resolved by S:OOPM assistance will continue on the next business day,unless the CITY requests Special Services. E, In addition to providing repair or replacement of hazdware and Fixes for Software Problems, CITY will be entitled to receive all�Softwaze Updates that include Fixes, provided that CITY has paid the annual charges to maintain this Ab eement in full force and effect. F, Special Services may be requested by CITY. Special Services include any out of coverage services or other services not covered by this Agreement. Special Services are billed on an hourly basis, with a four-hour minimum, and the CITY is responsible for reasonable travel and living expenses, if applicable. The hourly rate is measured from the time assistance is provided or arrival on-site, whichever is applicable. Each additional hour or fraction thereof will be charged at the Speciai Services rate. The Special Servic ndix g.available upon request. The CITY selected coverage option and Tier Support chosen is set forth in App 4. SERVICE REQUESTS 2 . _ __