INTERFERE WITH THE OPERATIONS
OF THE RELIANCE, ITS EMPLOYEES, OR ANY OTHER THIRD PARTIES.
(E)
THE VENDOR SHALL BE RESPONSIBLE [***] FOR
THE DELIVERY TO, UNLOADING AT AND REMOVAL FROM THE NETWORK LOCATION OF ALL
PLANT, EQUIPMENT AND THINGS OF ALL KINDS NECESSARY FOR THE PROVISION OF TSS
EXCEPT THOSE PLANT, EQUIPMENT AND THINGS FOR WHICH RELIANCE SPECIFICALLY AGREES
FOR TAKING SUCH OBLIGATIONS. UNLESS AND OTHERWISE AGREED [***].
(F)
IN THE EVENT THAT RELIANCE SHALL REQUIRE
ANY REASONABLE ALTERATIONS OR ADDITIONS TO OR OMISSIONS FROM TSS OR ANY PART
THEREOF (HEREINAFTER REFERRED AS 'VARIATION') THE VENDOR SHALL STATE IN WRITING
THE EFFECT SUCH VARIATION SHALL HAVE ON TSS, LEVEL OF AVAILABILITY AND WHAT
ADJUSTMENTS, COSTS, IF ANY, ARE ASSOCIATED WITH SUCH VARIATIONS. THE VENDOR
SHALL FURNISH SUCH DETAILS IN A TIMEFRAME AS MAY MUTUALLY BE AGREED.
(G)
THE VENDOR SHALL NOT VARY TSS IN ANY RESPECT
UNLESS INSTRUCTED IN WRITING TO DO SO BY RELIANCE.
(H)
NEITHER THE VENDOR PERSONNEL NOR ANY THIRD
PARTY EMPLOYED BY THE VENDOR SHALL MODIFY, MOVE OR ADJUST THE PRODUCTS OR PART
THEREOF EXCEPT WITH PRIOR CONSENT OF RELIANCE.
3
(I)
THE VENDOR SHALL PROVIDE DETAILS OF
ACTIVITIES SUB-CONTRACTED
AND ALSO COMPLETE DETAILS OF EACH SUB-CONTRACTOR.
SECTION 4.
LEVEL OF AVAILABILITY
4.1.1
THE LEVEL OF AVAILABILITY SHALL BE [***],
DURING THE PERIOD OF TSS PROVIDED BY THE VENDOR. VENDOR UNDERTAKES THAT THIS
SHALL BE EQUIVALENT TO THE UPTIME
OF THE PRODUCT
REQUIRED FOR PROVIDING
SERVICE LEVEL OF [***] OF BROADBAND ACCESS RELIANCE NETWORK
AS LONG AS RELIANCE
COMPLIES WITH THE
PURCHASE OF RECOMMENDED LEVEL OF SPARES, O & M PROCEDURE
PRESCRIBED IN THE DOCUMENTATION CHAPTER, SERVICE RESTORATION AS ADVISED IN
WRITING BY VENDOR FROM TIME TO TIME AND PROCEDURE OF REPAIR AND RETURN AS
SPECIFIED HEREUNDER.
4.1.2
THE STANDARD OF PERFORMANCE SHALL BE THE
ABILITY OF THE PRODUCTS TO MEET THE FUNCTIONALITY, RESPONSE TIMES AND OTHER
CRITERIA SPECIFIED HEREUNDER OR UNDER THE SPECIFICATIONS. IN THIS PROVISION OF
TSS VENDOR SHALL ENSURE THAT SUCH STANDARD OF PERFORMANCE IS NOT IMPAIRED FOR
REASONS ATTRIBUTABLE TO OR WITHIN THE CONTROL OF ITSELF AND OR ITS
SUB-CONTRACTORS. IN THE EVENT OF THE STANDARD BEING IMPAIRED FOR WHATEVER
REASON, VENDOR UPON NOTIFICATION FROM RELIANCE SHALL TAKE REMEDIAL ACTIONS TO
RESTORE SUCH STANDARD OF PERFORMANCE IN ACCORDANCE WITH THE TERMS SPECIFIED
HEREUNDER.
SECTION 5.
SCOPE OF WORK
5.1
GENERAL
The Vendor is responsible for providing TSS for the following:
a)
the
Products and other Items supplied by the Vendor in the
Broadband Access Reliance Network;
b)
All Products (hardware & software) and other items supplied by
Vendor's Sub-contractor for the Broadband Access Reliance Network;
c)
All the Products (hardware & software) and other items supplied
by any other third party only to the extent of the scope of work as mutually
agreed between the parties.
The Vendor shall provide following TSS to ensure that the Service Levels and
performance criteria are achieved without any hindrance to the operation of the
Broadband Access Reliance Network. The overall scope is identified against