IN ACCORDANCE WITH THIS SERVICES AGREEMENT AND THE GENERAL
TERMS.
3.9
TECHNICAL SUPPORT SERVICES:
3.9.1
VENDOR SHALL, DURING THE TERM OF THIS
BROADBAND ACCESS SERVICES CONTRACT, PROVIDE THE TECHNICAL SUPPORT SERVICES AS
SET FORTH IN ANNEXURE 1A TO THE SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO
REPAIR AND RETURN OF DEFECTIVE EQUIPMENT, PROVISION OF ALL SOFTWARE
AND
FIRMWARE UPDATES AND UPGRADES AND FIRMWARE UPDATES, ACCESS TO VENDOR'S INDIAN
AND GLOBAL TECHNICAL ASSISTANCE CENTRE. VENDOR SHALL PROVIDE TECHNICAL SUPPORT
SERVICES DURING THE PRODUCT WARRANTY PERIOD. RELIANCE SHALL PAY VENDOR FOR THE
TECHNICAL SUPPORT SERVICES AS SET FORTH IN EXHIBIT A FOLLOWING THE EXPIRY OF THE
APPLICABLE PRODUCT WARRANTY PERIOD. PARTIES HAVE AGREED THAT THE VENDOR SHALL
PROVIDE THE TSS FOR AN INITIAL PERIOD OF [***].
3.9.2
VENDOR SHALL ENSURE THE CONTINUED
AVAILABILITY OF VENDOR PERSONNEL HAVING THE REQUIRED SKILL AND EXPERIENCE TO BE
LOCATED AT RELIANCE'S NETWORK OPERATIONS CENTRES (NOC) AT [***] TO RELIANCE. IN
ADDITION, VENDOR SHALL ALSO STAFF ITS HELPDESK IN ACCORDANCE WITH THE
REQUIREMENTS SET FORTH IN ANNEXURE 1A TO THE SPECIFICATIONS AT [***] TO
RELIANCE. IN THE EVENT THAT, PURSUANT TO RELIANCE'S SPECIFIC WRITTEN REQUEST,
ANY ADDITIONAL VENDOR PERSONNEL ARE REQUESTED TO BE DEPUTED TO A NETWORK
LOCATION, VENDOR SHALL MAKE SUCH ADDITIONAL VENDOR PERSONNEL AVAILABLE TO
RELIANCE AND RELIANCE SHALL REIMBURSE VENDOR FOR [***] INCURRED BY SUCH VENDOR
PERSONNEL. [***].
4
TERM
4.1.1
THE INITIAL TERM OF THIS BROADBAND ACCESS
SERVICES CONTRACT IS [***] FROM THE EFFECTIVE DATE, SUBJECT TO THE TERMS AND
CONDITIONS OF THIS BROADBAND ACCESS SERVICES CONTRACT INCLUDING, WITHOUT
LIMITATION, THE TERMINATION PROVISIONS SET FORTH IN SECTION 7. THIS BROADBAND
ACCESS SERVICES CONTRACT SHALL UPON THE MUTUAL WRITTEN AGREEMENT OF THE PARTIES,
BE RENEWED FOR [***] ON THE SAME TERMS AND CONDITIONS CONTAINED HEREIN.
5
PRICING AND INVOICING
5.1
DETERMINATION OF NET PRICE
5.1.1
THE NET PRICE FOR ANY SERVICES PURCHASED
BY RELIANCE UNDER THIS BROADBAND ACCESS SERVICES CONTRACT SHALL BE DETERMINED IN
ACCORDANCE WITH THE PROVISIONS
10
of Section 5.1 and is [***] on or with respect to the provisions of such
Services. [***].
5.1.2
THE NET PRICE OF ANY SERVICES SHALL BE
THE NET PRICE FOR SUCH SERVICES SPECIFIED IN THE SERVICES PRICE LIST ALL AMOUNTS
IN EXCESS OF THE NET PRICE PAID BY RELIANCE TO THE VENDOR FOR SERVICES SHALL BE
HANDLED IN ACCORDANCE WITH THE PROVISIONS OF THE GENERAL TERMS. THE NET PRICES
SET FORTH IN THE SERVICES PRICE LIST ARE [***].
5.1.3
THE NET PRICE ON THE SERVICES PRICE LIST
SHALL BE FIXED FOR A PERIOD OF [***] FROM THE EFFECTIVE DATE. AT SUCH TIME, THE
PARTIES SHALL RE-NEGOTIATE SUCH NET PRICES TO BE FIXED FOR A SUBSEQUENT [***]
PERIOD TO REFLECT THE CHANGES IN THE LABOUR RATES DURING THE PRECEDING [***].
THIS PROCESS SHALL BE REPEATED EVERY [***] THEREAFTER DURING THE TERM OF THIS
BROADBAND ACCESS SERVICES CONTRACT.
5.2
INVOICING TERMS
All Installation and Commissioning Services provided by Vendor to Reliance shall
be invoiced as set forth in this Section and paid in accordance with Section 13