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Requests for Maintenance and Support Services shall be made to LUCENTs contact set forth in App endix C. LUCENT shall only accept reqn�s s m Atdministra or on not less than ten(10)days written o ceto LUCENT. delegate. CITY may appoint a Y ecial Service charges. CITY hereby authorizes its System Adminis�'ator to incur on its behalf Sp 5, MAINTENANCE AND SUPPORT SERVICE EXCLUSIONS The parties aa ee that,unleeem n anl d thercharges quoted by LUCENT for su h Maintance�an anSd Supporte Servi es be provided under this Agr , do not cover or include the following: roduct not listed �,, Maintenance of any product not listed in Appendix A or maintenance of interfaces to any p �Appendix A; g. Maintenance of a Product which has been modified by other than LUCENT or repairs provided by other than LUCENT or LUCENT's contractor, C. Making specification changes or performing Services connected with relocation of a Product; D, Modification or r�bleeo erat'onal�env ionment w th alg facil tiese pre crib d by the applcable anual continually provide a sui p including,but not limited to,the failure to provide, or the failure of adequate electrical power,temperature control, or humidity control. E, Modification or replacement of a Product,repair of damage, or increase in service time caused by e use of a Product for other than the purposes for which licensed, or not in accordance with LUCENT operating guidelines; p, Modification or replacement of a Product,repair of damage,or increase in service time caused by: acci ent, disaster,which shall n�ude bacement of sltP oducte orV increase inaservige�tune�aus d by the�use lof a�P oduct in G, Modificatio p combination with other product or materials not furnished by LUCENT, or in combination with other Product or materials furnished by,but not combined by,LUCENT; H. Backing up or restoring pro?rams and/or data; I I{eying,importing,converting or manipulation of data; J. CITY shall be subject to additional charges for Services rendered when"No Trouble Is Found" more than twice in any month. CITY will be billed at LUCENT's then applicable Special Service Rate(four hour minunum is applicable). At the request of CITY, LUCENT, at its sole discretion, may perform any of the foregoing services on a billable Special Service basis. C� h ch is determ�ir►ed by LUCENT to hav been ca ed by a problemset forth bove w 11 selected coverage of CI be considered a Special Service. 6. MAINTENANCE OF SOFTWARE RELOCATED TO A DIFFERENT CPU If CITY desires to relocate Software to a different CPU or operating system,CITY shall notify LUCENT within ten (10) days in writing. LUCENT will notify CITY whether it will agree to continue to provide the Maintenance and Support Services in accordance with this Agreement, and any changes in the terms and conditions or prices applicable thereto.If LUCENT and CITY mutually ab ee,the parties will enter into an addendum to this Agreement. 7. OBLIGATIONS OF CITY CITY shall provide access to its facilities in connectiUCENT w 11 p ov�de pnor norifcat on whenlsu h accessns hereunder. No chazge shall be made for such access. L P required. CITY shall maintain a modem and data set connected to the d'uect dial network near any CPU used with a Product being maintained by LUCENT hereunder and provide access to a voice grade local telephone. A representative of CITY must be present when any on-site Service is provided. CITY agrees that if a representative is not present�'�'Serv ceCate hen in efflect for su h�ls t te that no Service will be performed and CITl' will be charged at the Special 3 . _ ___