24-15 emsCharts Agreement.pdf

B. Remedial Work. 1. Critical Problem. In the event of a critical problem, Vendor will use all efforts to correct a verifiable, reproducible problem within 1 business day (i) after Customer reports such problem te Vendor; or (ii) after detection by Vendor. 2. Non-Critical Problem. In the event of a non-critical problem, Vendor will use reasonable efforts to correct a verifiable, reproducible non-critical problem within 5 business days (i) after Customer reports such problem to Vendor; or (ii) after detection by Vendor. 3. Exclusions. Vendor’s obligations to correct problems, make repairs, provide maintenance or provide other services (the “remedial work”) shall not include: {a) remedial work for anything other than to emsCharts, and emsCharts Mobile software. (b) | Any remedial work in any way required by or related to the following: (1) Customer or Customer’s representative’s designs, specifications or instructions; (2) Customer failure to fulfill any of Customer obligations or responsibilities under the Agreement; (3) Failure by Customer to comply with Vendor’s written instructions or recommendations; (4) Customer or any Customer’s designated third party using or combining any component of emsCharts, and emsCharts Mobile with any incompatible product or service that does not properly exchange data with emsCharts; (5) Alteration or improper use of emsCharts, and emsCharts Mobile by Customer or others; (6) A failure to use or install error corrections, repairs, updates or upgrades or take other reasonable actions recommended by Vendor so that products functions properly; (7) Customer’s own hardware, software, equipment or facilities (8) Design or manufacturing defects in any products or services not made and provided by Vendor; emsCharts Service Agreement, v12.3 Page 11 of 19