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2023-085 Resolution
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2023-085 Resolution
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6/28/2023 10:52:57 AM
Creation date
6/28/2023 10:44:39 AM
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North Olmsted Legislation
Legislation Number
2023-085
Legislation Date
6/27/2023
Year
2023
Legislation Title
Agile Network Contract
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10.4 Recurring Service Errors <br />If any Service provided to a particular Customer repeatedly and substantially fails to conform <br />to the SLOB, then upon that Customer's request, Agile and the Customer will coordinate and <br />cooperate to jointly provide the necessary personnel and equipment, at each Party's own cost, <br />to promptly perform a root cause analysis to determine the cause of such recurring errors. <br />Upon such joint determination Agile will provide the Customer with a written copy of its <br />analysis, which must include an action plan containing a reasonably detailed description of <br />corrective action to be taken by Agile and the date (not to exceed 30 calendar days) by which <br />such corrective action will be completed. Agile will take the corrective action described in the <br />action plan, which may include providing Customer with service credits as determined by Agile <br />in its reasonable discretion. Should the action plan fail to resolve the nonconformity in all <br />material respects, Agile will revise the action plan, seek to resolve the deficiencies or errors <br />under the revised action plan, and, where appropriate, escalate the problem in accordance <br />with Agile's escalation procedures. <br />11. Installation and Acceptance of Service <br />The Customer will use its best efforts to obtain and maintain throughout the Service Term <br />such consents (including, without limitation, landlord and land owner consents) as are <br />necessary to permit, and will timely permit, Agile's personnel to install, deliver, operate, and <br />maintain the Service and equipment ordered hereunder at the Customer's facilities. <br />The Customer also will permit Agile to access the Customer's end user facilities as needed <br />(including roof access, as necessary) to install, configure, upgrade, maintain, or remove the <br />equipment and other Service components located at the aforementioned facilities. <br />The Customer must make and maintain throughout the Service Term all site preparations and <br />accommodations necessary to permit the installation, maintenance, and operation of the <br />Service and any equipment as required by Agile in its Service Quote, including without <br />limitation, all requested Floor space, equipment bay or equipment rack space, environmental <br />controls and, if available, protected/UPS AC power, technical and maintenance support, site <br />access, cable entrance, conduit, tower/antenna space, ground isolation device and network <br />repeater. <br />Provided that the Customer properly performs all necessary site preparations and <br />accommodations and provides Agile with all required consents, Agile must use commercially <br />reasonable efforts to install the Service in accordance with a mutually agreed upon schedule. <br />Agile must provide the Customer with a Certificate of Final Acceptance ("COFA") upon <br />completion of the installation of the Service. The Customer will have five business days after <br />receipt of the COFA to test and sign the COFA (the "Acceptance Period") and provide Agile <br />notice accepting or rejecting the Service. If the Customer determines during the Acceptance <br />Period that the Service is not operating in conformity with Agile's SLOB, the Customer will <br />immediately notify Agile (specifying in reasonable detail the defect or failure of the Service). If <br />the Customer notifies Agile in writing that the Service is unacceptable, Agile must, within thirty <br />(30) days following receipt of such notice, remedy the Service and re -deliver such Service to <br />the Customer. The foregoing process will continue until the Customer accepts the Service in <br />writing or Agile has made three attempts to correct the deficiency without successfully bringing <br />the Service in compliance with Agile's commercially reasonable Service specifications. <br />Agile Network Connect Service Attachment <br />1011/19 Page 21 <br />
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