The following defined Services described below will be provided to the provisions of other applicable conditions specified in the contract.

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1 Statement of Work IBM Software Support Services Enhanced Technical Support (ETS) for AIX Edition May Subject This ETS-Platform-SOW describes the specific Services for the AIX operating system platform within the framework of the IBM Enhanced Techncial Support Services (ETS), if the ETS Service for AIX has been listed in the service list of the Order Form and is installed on the Customer s eligible machines. This Statement of Work (SOW) is a supplementary add on to the IBM Enhanced Technical Support SOW (hereafter referred to as ETS-Base-SOW ) and is subject to it. Subject of the Service is the provision of the following, and of the extended support Services defined in the ETS-Base-SOW for the IBM Power Systems, IBM System p, IBM eserver pseries and IBM RISC/6000 machines which are listed as eligible machines in the Order Form; and the eligible programs contained in ETS4 - AIX support group which are given in the Order Form and installed on the eligible machines; The following defined Services described below will be provided to the provisions of other applicable conditions specified in the contract. 2. Specific Definitions In this ETS Platform Statement of Work, the following terms have the given meaning. These apply in addition to the terms defined in the ETS Base Statement of Work under Specific Definitions. Eligible AIX Programs means the supported IBM system software. These are the Eligible Programs of the IBM AIX operating system and the AIX related IBM license programs (e.g. PowerHA and PowerVM). Eligible LPAR specifies an LPAR of an eligible machine, for which the standard and/or optionally defined following described Services will be provided. IBM Data Collector Agent specifies an IBM software tool that resides on a customer's system to monitor, capture and periodically transmit to IBM inventory, microcode level and configuration information IBM Performance Management (PM) Services specifies a Web-based IBM tool which collects data from IBM Power Systems, IBM System i, IBM System i5, IBM eserver iseries, IBM System p, IBM System p5, and IBM eserver pseries products in order to provide performance reports. IBM Service Agent specifies an IBM software tool that resides on the Customer s system to monitor, capture, and periodically transmit to IBM hardware error logs and system inventory information. Logical Partition (LPAR) specifies a subset of a computer's hardware resources, virtualized as a separate computer, each housing a separate operating system. PM Tool specifies a program or an operating system component that collects the performance data on an Eligible Machine to be used for the provision of the IBM Performance Management Services. 2.1 Specific Terms relating to the Committed Recovery Service for Software Option The terms specified below have the specific meaning relating to the "Committed Recovery Service for Software" option, if this option has been specified in the service list on the order form. 1

2 Critical Incident specifies an event resulting in a situation where an Eligible AIX Program cannot be used for the intended purpose (disruption or severe impairment of the usability of the Program). A disruption to the Customer's critical business processes will occur where the Customer is neither aware of the cause of the problem or of a workaround solution to the problem in question. Critical Incidents are also referred to as "Customer-Critical Problems" (Severity Level 1). Neutralization of a Critical Incident specifies the preliminary/temporary elimination of the impact of a Critical Incident, so that the intended usability of an Eligible AIX Program will be possible again or can be continued even with acceptable impairments. Neutralization Period specifies the period between the Customer reporting a Critical Incident to the IBM incident regarding an Eligible AIX Program reception desk for software problems (creation of a Problem Management Record (called a "PMR") in the IBM problem management system) and notification of the Customer of a measure taken by IBM to neutralize the Critical Incident in question. The relevant times will be documented in the PMR and can be inspected by both Parties 3. Technical Requirements As a preliminary, the Service requires the following conditions: the eligible machines are under IBM warranty or are covered by a Base Support Contract: the eligible programs are covered by a Base Support Contract; The IBM Service Agent is installed and enabled on each eligible LPAR of the eligible machine(s) in order to deliver the Customized Proactive Maintenance Services and the IBM Performance Management Services; The PM tool is installed and enabled on each eligible LPAR, in order to deliver the IBM Performance Management Services; and The IBM Data Collector Agent must be installed and activated On each eligible LPAR of the eligible machine(s) or On a separate Intel/AMD Server with the required minimum configuration (available under and connected with the Eligible Machine(s) directly or via network, if the System Health Check(s) option has been specified in the service list If the Technical Requirements are not fulfilled, IBM is exempt from its responsibility to deliver the Service or any affected Service component. 4. Scope of Service The following Services apply in addition to those of the ETS-Base SOW. 4.1 Customized Proactive Maintenance Services Via quarterly conference calls with the Customer s Primary Technical Contact, the Remote Account Advocate Team will provide: information about the status of the reported problems and related action plans; the list of the PTF, microcode and firmware maintenance levels currently installed on the Customer s eligible machine/s, versus the latest maintenance levels available from IBM; warnings about known problems which may affect the Customer s eligible machines and programs, and information on fixes or actions to potentially prevent them; information about new releases or upgrades for the eligible programs installed at the Customer at the Customer s request; information on approaching end of service dates for the eligible programs installed at the Customer; tips and technical hints for the eligible machines and programs installed at the Customer. 4.2 IBM Performance Management Services For the eligible LPARs, IBM will: collect performance data related to the eligible machines and the eligible AIX operating system; provide support and consulting services to the Customer for the use of the PM Tool on the eligible machines and LPARs; provide an Internet address in order to enable the Customer s secure access to detailed information on performance and capacity on the eligible machine(s) installed at the Customer. The respective reports can also be provided to the Customer, on request, within the regular conference calls between the Remote Account Advocate Team and the Primary Technical Contact; assist the Customer with the interpretation of the PM reports; and support the Customer, on request, in defining necessary actions to correct identified performance problems. The IBM Performance Management Service will be provided for eligible machines subdivided into LPARs, for the operating system running on the main partition. 2

3 As an option to be selected on the related Order Form, the services can be extended to one or more additional LPARs (option Performance Management Services for additional LPAR(s) ). The number of additional LPAR(s) will be defined in the related Order Form and identified by the Primary Technical Contact during the initial call or subsequent conference calls. 4.3 Extended Support for an Operating System Upgrade IBM will provide the Customer with access to its remote support centers for a maximum of twenty four (24) consecutive hours for each Annual Service Period (the Extended Support Period ) in order to assist with problems arising during the upgrade of the Customer s AIX operating systems, which form part of the eligible programs. The Extended Support Period must be planned and agreed two (2) weeks in advance between the Customer s Primary Technical Contact and the Remote Account Advocate Team. The Remote Account Advocate Team will inform the Customer how to contact IBM during the Extended Support Period at least two (2) days before the start of the Extended Support for Operating System Upgrade Service. During the Extended Support Period, IBM will as a rule respond, by telephone, to calls relating to the Operating System Upgrade subject of this Service within thirty (30) minutes of the Service request during the agreed period. If the problem can not be resolved during this first telephone call, it will be determined on the basis of the telephone conversation, which additional measures are necessary to bring about a technical solution to the problem. The Extended Support for an Operating Systems Upgrade Service does not include installation or upgrade activities which remain the sole responsibility of the Customer. 4.4 Electronic Service Portal IBM will provide access to an Internet portal with the following functionalities: proactive notification regarding the maintenance, security and performance of the eligible machines; access to the IBM Performance Management services Web site for detailed information on performance and capacity of the Customer s eligible machines; up-to-date maintenance information for the Customer s eligible machines running the AIX operating system; and view and reports of the Customer s eligible machine configuration data. 5. Optional Services The Services described below are optional Services that will be charged separately. They will be provided when they are separately declared in the service list of the Order Form. 5.1 System Health Check Option If this option is selected on the related Order Form, IBM will perform a certain number of System Health Checks on the selected number of LPARs when installed on the eligible machines. The System Health Check Service includes the following tasks: system and AIX configuration check; error log analysis; microcode and firmware level check; disk configuration check for the root volume group (rootvg); disk space and utilization check for the DAS eligible machines if the DAS Support option is selected; Service Agent configuration check; status of dump device check; status of system adapter configuration check; review of memory and CPU setup/definition; review of network options. The data required for the System Health Check analysis will be collected remotely. Upon the end of the System Health Check activities, the Remote Account Advocate Team will analyze the data collected and will provide the Customer with the findings and any additional recommendations that may apply for the optimization of the Customer s eligible machines and AIX operating systems covered by this System Health Check option, with the first scheduled ETS status report. 3

4 The charge for the System Health Check is based on the number of LPARs and System Health Checks. The selected number of LPARs and System Health Checks for each Annual Service Period is defined in the Order Form. Service delimitation The System Health Check Service does not include assistance for: the design and development of applications; Customer use of programs in other than their specified operating environment; consultancy activities; or performance analyses. 5.2 Committed Recovery Service for Software Option IBM will define suitable measures for the Neutralization of a Critical Incident regarding an Eligible AIX Program within ten (10) hours (round-the-clock) after the Customer has reported a Critical Incident by telephone and will inform the Customer about such measures. The following services will be deemed as measures for the Neutralization of a Critical Incident: provision of one or several program fixes / software patches to resolve a software error; provision of an operative and/or configurative measure, such as: modification of a configuration or a configuration parameter; definition of checklists containing operative tasks; modification of operative processes; provision of a temporary workaround solution, such as resetting the system to a defined state and the installation of a backup. Measures carried out in relation to the Neutralization of a Critical Incident may result in additional operational effort at the Customer's site 5.3 Performance Management Services for additional LPAR(s) option IBM provides the Services defined in the chapter IBM Performance Management Services not just for the main partition, but also for additional eligible LPAR(s) named by the Customer. The number is specified in the Order Form. 6. Specific Customer Responsibilities The following responsibilities supplement those listed under the ETS-Base-SOW Customer s responsibilities. 6.1 Additional Responsabilities for Standard Services The Customer will enable the IBM Service Agent and the PM Tool on the Eligible LPARs, as instructed by IBM. 6.2 Additional Responsabilities for Optional Services System Health Check(s) Option The Customer will define the Eligible LPARs that are the object of the optional System Health Check Service to the raat, based on their agreed number; make available the system with the required minimum configuration (see and the required accesses as defined by IBM for the duration of this service option, if the IBM Data Collector Agent should not be installed on the Eligible LPAR(s) of the Eligible Machines; activate, per IBM s instructions, the IBM Data Collection Agent on the entitled LPAR(s) of the ETS Eligible Machine(s) or on the separate server; ensure that IBM will have access to the Eligible Machines for querying the required system data, or, if deemed possible by the raat, ensure that you provide the raat with the required system data identified by IBM; approve the use of programs enabling IBM to query the Microcode levels or the required data and acknowledge that the customer remains solely responsible for security of the network; 4

5 be responsible for any data and the content of any database the customer makes available to IBM in connection with this service option, the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data, and backup and recovery of the database and any stored data; remove, per IBM s instructions, the IBM Data Collection Agent software code from the LPAR(s) of the Eligible Machine(s) or from the separate server when this service option is terminated for any reason or the period of this service option is expired; acknowledge that IBM will be using the IBM Data Collector Agent to perform the service option contained in this SOW. IBM retains the right to replace/upgrade or introduce additional tooling and processes to help provide the services during the term of the service option. The customer shall have no right to make use of the IBM Data Collector Agent. No right is granted to make any copies of the IBM Data Collector Agent in any form. The customer shall not reverse assemble or reverse compile the IBM Data Collector Agent in whole or in part. Use of the IBM Data Collector Agent at the Customer s facilities does not mean that the Customer is granted any licenses or rights, neither directly or indirectly, (including any rights to use patents) Committed Recovery Service for Software option The Customer will submit the respective support requests for Critical Incidents according to the IBM procedures provided to the Customer by the raat; be responsible for the creation of or changes to the backup concept, including a test plan to be drawn up by the Customer based on the requirements for this service option. Support services for the review of the backup concept by IBM are not covered by this Agreement; such services may, however, be agreed separately between the Parties; update the Customer's procedures manual according to the process for remote access agreed with the raat; furthermore, the Customer will also be responsible for ensuring that any changes to the procedures manual are implemented; always be committed to using the current Service Level(s) or the previous version of a Service Level ("n-1") of the Eligible AIX Programs installed on the Eligible Machines; grant IBM remote access to the Eligible Machines (including the necessary authorizations), whenever any Critical Incident has been reported; actively cooperate in the analysis of the reported Critical Incident. If the Customer has been requested to provide any additional information or data, this must be provided within thirty (30) minutes at the latest (receipt by IBM) unless a different arrangement has been made and documented in the PMR. Any waiting times in excess of this will not be included in the Neutralization Period of a Critical Incident; and accept and provide any justifiable additional operational effort that may arise during the implementation of a measure for the Neutralization of a Critical Incident 6.3 Data availability to IBM The Customer agrees that IBM may use the data collected by the IBM Service Agent, by the PM tool and by the IBM Data Collector Agent within the IBM enterprise for problem determination purposes or to assist the Customer with performance and capacity problems, notifying him of existing or projected resource constraints. The Customer also agrees that his performance data may be transferred to any IBM enterprise based in any country, whether or not a member of the European Union. 7. Charges The charges for this Service are based on the Customer-selected eligible machines. In addition, the provisions of other applicable conditions specified in the contract will apply. 8. Claims in the case of Non-Compliance with the Agreements on the Committed Recovery Service for Software 8.1 Calculation of Liquidated Damages The following will apply if the "Committed Recovery Service for Software" option has been selected in the service list of the order form: The Customer will be entitled to liquidated damages of 4% of the annual standard service charge (IBM s list price) of the ETS service for AIX related to the Eligible Machine for which this option has been selected, if IBM has failed to comply with the agreed Neutralization period of ten (10) hours. Information about the annual service charge can be obtained from IBM. 5

6 The Customer may only enforce liquidated damages for one (1) of the affected Eligible Machines, if one single cause has resulted in non-compliance with the agreed Neutralization Period with regard to several Eligible Machines. The Customer will receive the respective maximum sum in such a case, but not the total of the sums relating to all of the affected Eligible Machines. The Customer may enforce two (2) claims for each Eligible Machine as a maximum per contract year. 8.2 Reports IBM will provide the Customer with a report on the processing of Critical Incidents for which the Customer has requested liquidated damages. 8.3 Exclusions Liquidated damages will not be granted in the case of non-compliance with the agreed Neutralization Period for the "Committed Recovery Service for Software" option for an Eligible Machine, due to any causes beyond IBM's control. Here are some examples of this: non-availability of a Customer employee with sufficient technical knowledge; non-compliance with the Customer's responsibility regarding the analysis of a Critical Incident; non-compliance with any other Customer responsibilities; malfunctions caused by programs that the Customer itself has programmed or problems caused by any other non-eligible programs, incl. their installation or implementation; malfunctions caused by programming errors by the Customer; malfunctions due to system administration, commands or incorrect file transfers performed by Customer employees; malfunctions due to any activities carried out at the Customer's request or instruction; denial-of-service attacks, natural disasters, changes resulting from governmental, political, or other regulatory actions or judicial directives, strikes, acts of war or acts against any other company (including network operators or other vendors of IBM) or other Force-Majeure-Events. 8.4 Billing of Liquidated Damages The Customer is obliged to notify IBM no later than fifteen (15) days after the end of the calendar month in which the agreed service level has not been achieved or if, in the Customer's opinion, IBM has failed to comply with the agreed Service Level based on a substantiated call from the Customer, or, prior to the date of notice of termination if a service has been terminated, in order to enforce a claim for the payment of liquidated damages. The Customer's claim to liquidated damages shall be deemed as forfeited if the Customer has failed to notify IBM accordingly within the period stated above. IBM will inform the Customer of the sum of the liquidated damages to which the Customer is entitled after verifying its claim for liquidated damages and the Customer shall be entitled to receive the amount in question. All payments that the Customer is entitled to receive upon the expiry of the service period or the termination of the service for the support group concerned will be made to the Customer within one (1) month after the effective date of the expiry of the service period or the effective date of the termination of the service. The Customer will only be entitled to receive liquidated damages if it has paid the charges payable for the relevant services. All claims arising from this Agreement will be deemed as settled, as soon as the relevant sum has been paid to the Customer or the sum in question has been offset 6