PROMPTLY AS PRACTICABLE; AND
(III) PROVIDE HAWAIIAN TELCOM WITH A REPORT DETAILING THE CAUSE OF, AND
PROCEDURE FOR CORRECTING, SUCH FAILURE.
(C)
SERVICE LEVEL CREDITS.
ATTACHMENT B-3.1
(SERVICE LEVEL METHODOLOGY) DESCRIBES THE CONDITIONS UNDER WHICH HAWAIIAN TELCOM
MAY BE ENTITLED TO SERVICE LEVEL CREDITS ARISING FROM ACCENTURE'S FAILURE TO
MEET A MINIMUM SERVICE LEVEL FOR A CRITICAL SERVICE LEVEL.
5.2
Recovery Services Balanced Scorecard.
Attachment B-1.1 (Recovery Services Balanced Scorecard) identifies certain
metrics that the Parties believe will measure the success of the Recovery
Services.
Within thirty (30) days following the end of the expiration of the
Recovery Services SOW, Accenture shall provide to Hawaiian Telcom a completed
accurate Balanced Scorecard, and a calculation of the resulting credit or bonus,
as applicable, calculated in accordance with Attachment B-1.1 (Recovery Services
Balanced Scorecard).
If the Recovery Services SOW is terminated prior to the
expiration of the Recovery Services Term, the Balanced Scorecard shall not
apply.
To the extent that any portion of the Recovery Services are terminated
or cancelled prior to the expiration of the Recovery Services Term, other than
pursuant to Section 3 of Exhibit C (Acceptance) or termination of the Recovery
Services SOW in part under Section 16.1, the Balanced Scorecard shall be
equitably adjusted to reflect the reduction in Services.
11
ARTICLE VI
RESOURCES
6.1
Hawaiian Telcom Facilities.
(A)
PROVISION OFHAWAIIAN TELCOM FACILITIES.
SUBJECT TO THE PROVISIONS OF THIS SECTION 6.1, HAWAIIAN TELCOM SHALL PROVIDE TO
ACCENTURE ACCESS TO THE HAWAIIAN TELCOM FACILITIES, AT NO CHARGE TO ACCENTURE.
HAWAIIAN TELCOM SHALL ALSO PROVIDE ACCENTURE, AT NO CHARGE, WITH OFFICES AND
WORKING SPACE IN HAWAIIAN TELCOM FACILITIES AS SPECIFIED IN EXHIBIT H (HAWAIIAN
TELCOM FACILITIES).
HAWAIIAN TELCOM SHALL PROVIDE TO THE ACCENTURE PERSONNEL
WORKING IN SUCH SPACE STANDARD OFFICE FURNISHINGS AND EQUIPMENT, AS WELL AS
HIGH-SPEED INTERNET ACCESS AND DOMESTIC LOCAL AND LONG DISTANCE TELEPHONE
SERVICE AND INTERNET ACCESS (FOR GENERAL OFFICE USE, AND NOT FOR PURPOSES OF
ACCESSING THE SYSTEM), TO THE EXTENT THAT HAWAIIAN TELCOM PROVIDES SUCH
RESOURCES FOR THE USE OF ITS OTHER CONTRACTORS.
HAWAIIAN TELCOM SHALL MANAGE
AND MAINTAIN AT HISTORICAL LEVELS THE BUILDING AND PROPERTY:
ELECTRICAL
SYSTEMS; WATER; SEWER; LIGHTS; HEATING, VENTILATION AND AIR CONDITIONING;
PHYSICAL SECURITY SERVICES AND GENERAL CUSTODIAL/LANDSCAPE SERVICES (INCLUDING
MONITORING AND MAINTAINING THE UNINTERRUPTIBLE POWER SUPPLY SYSTEM).
THE USE OF
HAWAIIAN TELCOM FACILITIES BY ACCENTURE SHALL NOT (I) CONSTITUTE A LEASEHOLD OR
OTHER PROPERTY INTEREST IN FAVOR OF ACCENTURE OR ANY EXCLUSIVE RIGHT TO OCCUPY
OR USE HAWAIIAN TELCOM FACILITIES, NOR (II) TRANSFER ANY TITLE IN HAWAIIAN
TELCOM FACILITIES TO ACCENTURE.
THE HAWAIIAN TELCOM FACILITIES SHALL BE DEEMED
TO BE IN THE CARE, CUSTODY AND CONTROL OF HAWAIIAN TELCOM.
(B)
RELOCATING HAWAIIAN TELCOM FACILITIES.
HAWAIIAN TELCOM SHALL INFORM ACCENTURE OF ANY PLANS OR DETERMINATION TO RELOCATE
HAWAIIAN TELCOM FACILITIES SO THAT ACCENTURE SHALL HAVE A REASONABLE AMOUNT OF
TIME TO PREPARE FOR AND IMPLEMENT SUCH CHANGE OR RELOCATION AS IT IMPACTS
ACCENTURE.
HAWAIIAN TELCOM SHALL REIMBURSE ACCENTURE FOR ACCENTURE'S REASONABLE
OUT-OF-POCKET EXPENSES INCURRED IN PACKING, MOVING TO THE NEW