Ciena Specialist Services Standard Hardware Maintenance Service (For Carrier Ethernet Service Delivery Products Only) STATEMENT OF WORK Standard Hardware Maintenance SOW 1 Introduction 1.1 This Statement of Work (SOW) describes the services, deliverables, Ciena assumptions, Buyer’s responsibilities and exclusions related to the provision of the Standard Hardware Maintenance service offered by Ciena Global Network Services (GNS) for its Carrier Ethernet Service Delivery products. Provision of this Service is governed by and subject to the terms and conditions set forth in the applicable agreement to which this SOW is attached. In the event of a conflict between the terms of this SOW and the applicable agreement, the terms of this SOW shall prevail. 2 Description of Service 2.1 Standard Hardware Maintenance is provided, at no additional charge during the Warranty Period, as part of the initial purchase of Carrier Ethernet Service Delivery hardware and in accordance with the terms set forth in the applicable agreement. Activation of the Warranty Period begins upon product shipment or as otherwise agreed in an overriding Master Sales Agreement. 2.2 Upon expiration of the Warranty Period, an annual extension of these hardware service entitlements (then called Extended Hardware Maintenance Service) may be purchased for an agreed price. 2.3 Hardware Maintenance Service: During the coverage period, Hardware Maintenance provides Buyer with the following: Equipment Return Requests: Buyer may request an Equipment Return (ER) number for defects related to Ciena products covered by this Service (the “Covered Products”) in one of the following two ways: Using a secure user login and password, through Ciena’s extranet web portal, Buyer may request an ER number. Using this web enabled service, Buyer may also retrieve online product documentation, updated trouble ticket information and Ciena contact information via the web portal. By contacting Ciena’s Technical Support hotline 7 days a week, 24 hours a day, 365 days a year (7x24x365) solely for issuance of an ER number for defects related to the Covered Products. Telephone numbers and email addresses located on www.ciena.com. General technical support is not available as part of Hardware Warranty, but may be purchased separately. 10 Day Repair and Return: In the event of hardware failure, Ciena will ship the repaired unit or replace the defective hardware within 10 calendar days following receipt of the defective hardware. Buyer must return the defective hardware in accordance with Ciena’s standard parts exchange procedures. 2.4 NBD -- Dead on Arrival (90 Days—not extendable): This service entitlement is provided with the initial product warranty and does not apply during any extension of Standard Hardware Maintenance. Up to 90 calendar days after warranty activation, for hardware that is found to be Dead on Arrival (“DoA”) (i.e., hardware that is not immediately capable of performing in accordance with the product warranty), Ciena will provide Next Business Day replacement of defective hardware: Ciena will ship a replacement for DoA hardware by the next business day, provided that the ER number is issued by 3 PM ET. All ER numbers issued thereafter will be processed the next business day and shipped the following business day thereafter. The DoA hardware is not required to be returned before Ciena ships a replacement. However, the Buyer must return the DoA hardware within 30 days after receipt of the replacement hardware. If the hardware is not returned within 30 days, Buyer will be invoiced for the replacement hardware at Buyer’s then-current purchase price. 2 Ciena Confidential and Proprietary Version 2.2 200510 Standard Hardware Maintenance SOW 3 Assumptions 3.1 Upon expiration of the Warranty Period (or any subsequent service coverage period), Ciena shall not be obligated to provide Extended Hardware Maintenance Service until after issuance and acceptance of a purchase order in accordance with the applicable agreement and the service shall be limited to the Covered Products. 3.2 In the event Buyer purchases Extended Hardware Maintenance Service, Buyer must purchase coverage for all Carrier Ethernet Service Delivery products in the same network. 3.3 If there has been any lapse in the provision of warranty or maintenance service on a Product, Ciena reserves the right before providing any subsequent service on the Product to perform a health check assessment on the Product at Buyer’s cost, such cost to be agreed in advance. Additionally, true-up fees may apply to cover the warranty period lapse. 4 Buyer Responsibilities 4.1 Buyer shall: 5 Provide Ciena with a complete listing of all Covered Products, including serial numbers, in order to properly establish and track service entitlement. Provide a site ID or contact number. Ensure that authorized staff for operation and maintenance is available during the entire support period to provide Ciena with information (e.g., model, serial number, current failure symptoms, etc.) upon request. Notify Ciena of any additions, relocations or changes to Covered Products by Change Order Request forms, which should be emailed to Ciena at ciena24@ciena.com. Exclusions 5.1 Hardware Maintenance Service does not include: a) Provision or installation of hardware upgrades or reprogramming to add additional capabilities or functionality to the Covered Products; b) Design changes to hardware or software, if such design changes are not required to resolve problems with the Covered Products; c) Performing preventive maintenance for the Covered Products; d) Making corrections to user-defined reports; e) Making specification changes or performing services connected with relocation of Covered Products; f) Work external to the Covered Products, whether or not on the designated processor used in conjunction with the Covered Products; or g) Support for problems caused by third-party hardware, software or systems (including systems that interface with the Covered Products). 5.2 At the request of Buyer, and at Ciena’s option, Ciena may perform services for excluded problems as an enhanced service or service enhancement, at a mutually agreed upon fee or, if no fee is specifically agreed, at Ciena’s then-current hourly rates subject to any applicable per incident and/or minimum hourly billing requirements. 3 Ciena Confidential and Proprietary Version 2.2 200510