SUBCONTRACTORS (PROVIDED THAT VENDOR HAS NOT CONTRIBUTED TO SUCH FAILURE OR
FAILED TO COMPLY WITH VENDOR'S PROJECT MANAGEMENT RESPONSIBILITIES WHICH
CONTRIBUTED TO SUCH FAILURE), PROVIDED THAT THIS SHALL NOT LIMIT THE VENDOR'S
OBLIGATIONS AS TO INTEROPERABILITY PURSUANT TO THE TERMS OF THE DOCUMENTS;
except when any such damage or Deficiencies is done, made or caused by Vendor or
any Subcontractor or their employees or agents.
6.3
REPAIR AND RETURN.
6.3.1
THE PROVISIONS OF REPAIR AND RETURN
SERVICES REQUIRED TO BE PROVIDED DURING THE EQUIPMENT WARRANTY AND TECHNICAL
SUPPORT SERVICES ARE SPECIFIED IN ANNEXURE 1A TO THE SPECIFICATIONS. IN THE
EVENT OF A BREACH OF THE EQUIPMENT WARRANTY, THE PARTIES SHALL FOLLOW THE
PROCEDURES SET FORTH IN THE SPECIFICATIONS.
6.3.2
IN THE EVENT THAT THE REMEDY OF ANY
BREACH OF THE EQUIPMENT WARRANTY, RELIANCE WILL NOTIFY WITHIN A REASONABLE TIME
PERIOD AND IF SUCH REMEDY
REQUIRES THE INSTALLATION OR PROVISION OF ADDITIONAL
EQUIPMENT, SOFTWARE AND/OR SERVICES, THE VENDOR SHALL PROVIDE SUCH EQUIPMENT,
SOFTWARE AND/OR SERVICES, AT [***] TO RELIANCE. WHERE RELIANCE CANNOT REMOVE AND
REINSTALL THE DEFECTIVE EQUIPMENT WITHOUT INCURRING SIGNIFICANT TIME AND
EXPENSE, VENDOR SHALL REPAIR, REPLACE OR CORRECT THE EQUIPMENT AT RELIANCE'S
SITE.
IN SUCH EVENT VENDOR SHALL PERFORM ALL SUCH REPAIR, REPLACEMENT AND
CORRECTION AT RELIANCE'S SITE WITHOUT DISRUPTING, THE OPERATION OF THE RELIANCE
NETWORK OR ANY PART THEREOF. VENDOR SHALL BE RESPONSIBLE AT [***], FOR
REPLACEMENT OF CABLE AND WIRE PRODUCTS SITE RESTORATION AND PERFORMING ALL WORK
INCIDENTAL TO THE REPAIR REPLACEMENT AND CORRECTION OF DEFECTIVE EQUIPMENT.
RELIANCE SHALL
8
allow the Vendor to inspect the Equipment, Software, Services, or the Network,
as the case may be, on-site in order to effect the necessary repairs.
6.3.3
DURING THE PRODUCT WARRANTY PERIOD AND
THE PERIOD THAT THE TECHNICAL SUPPORT SERVICES IS IN EFFECT, THE VENDOR SHALL BE
[***] ASSOCIATED WITH: (A) REMOVING OR DISCONNECTING THE EQUIPMENT SUBJECT TO
THE WARRANTY CLAIM AS SET FORTH IN THE SPECIFICATIONS; (B) DISMANTLING AND
REINSTALLING SURROUNDING EQUIPMENT AND PROPERTY IN CONNECTION WITH REMOVING OR
DISCONNECTING THE EQUIPMENT THAT IS THE SUBJECT OF SUCH WARRANTY CLAIM AS SET
FORTH IN THE SPECIFICATIONS; AND (C) ALL ON-SITE AND OFF-SITE REPAIR AND RELATED
ACTIVITIES (INCLUDING WITHOUT LIMITATION REINSTALLATION AFTER REPAIR) FOR
EQUIPMENT AS SET FORTH IN THE SPECIFICATIONS.
6.4
OTHER SERVICES TO BE PROVIDED BY THE VENDOR UNDER WARRANTY SERVICES-
During the Product Warranty Period, in addition to the warranty obligations
described in this Broadband Access Equipment Contract, the Vendor shall also
provide, [***], all services as set forth in Annexure 1A to the Specifications..
6.5
THIRD PARTY PROVIDER WARRANTIES.
A)
WITH RESPECT TO EQUIPMENT FURNISHED BY ANY THIRD PARTY PROVIDER
(EXCLUDING SUBCONTRACTORS), ALL WARRANTIES GIVEN TO THE VENDOR BY SUCH THIRD
PARTY PROVIDER SHALL INURE, TO THE EXTENT APPLICABLE OR PERMITTED BY LAW, TO THE
BENEFIT OF RELIANCE, AND RELIANCE SHALL HAVE THE RIGHT, AT ITS SOLE DISCRETION,
TO ENFORCE SUCH WARRANTIES DIRECTLY AND/OR THROUGH THE VENDOR. ALL WARRANTIES
WITH RESPECT TO SUCH EQUIPMENT PROVIDED BY SUCH THIRD PARTY PROVIDERS SHALL BE
GIVEN