11-15 Exhibits to Resolution Awarding Contract for 911 System Maintenance and Repair.pdf

TERMS AND CONDITIONS JOHNSTON COMMUNICATIONS (“Johnston”), a division of Johnston G.P., Inc. and the TOWNSHIP OF WEST ORANGE (the “Customer”) (collectively the “Parties”) hereby agree to the following terms and conditions of this Maintenance and Services Agreement (the “Agreement”): 1, MAINTENANCE OBLIGATIONS. Johnston hereby agrees to service and maintain the described system hardware and software in accordance with the following provisions: Within twenty-four (24) hours of the Customer’s request, Johnston will provide regular repair of malfunctions which originate within the hardware or software. Within three (3) hours of the Customer’s request, Emergency service involving a hardware or software outage of all or a substantial part of the installed system, except that all service will be rendered between 8 AM and 5 PM Monday through Friday unless otherwise expressly requested. Work provided between 5 PM and 8 AM Monday through Friday or weekends and holidays at the customer’s request will be billed at the then applicable overtime hourly rate with a minimum of (4) four hours. Software patches and updates within the installed generic software release that are deemed necessary to keep the maintained system in good working condition that require the system to be made unavailable for use installed during 8 AM and 5 PM will be non- billable, but labor performed at the customer’s request between 5 PM and 8 AM will be billable at the then applicable overtime hourly rate with a minimum of (4) four hours. During service visits, Johnston will replace necessary parts on an exchange basis without charge, however, if parts are no longer manufactured and alternate standard replacement parts are not available, requiring alternate repair parts to be specially made, Customer agrees to pay the difference between the cost of the standard replacement part, when last available from the manufacturer, and the actual cost of the specially made part to Johnston. Upon manufacturer retirement of a product or application where Johnston is no longer able to obtain hardware or software support, the customer will be notified of the retirement and will be given the option to either remove the product from the maintenance contract or replace the product or application with the new market current product or application at market current prices without affecting the terms and price

remove the product from the maintenance contract or replace the product or application with the new market current product or application at market current prices without affecting the terms and price of the maintenance contract provided the replacement is like for like. If the customer does not request the necessary upgrades made available due to manufacturer retirement of products, Johnston Communications reserves the right to cancel and terminate this contract upon written notice.