Bharat Sanchar Nigam Limited (A Govt. Of India Enterprise)

Maharashtra Telecom Circle Admin Building, 5 th Floor, B wing, Juhu tara Road, Santacruz (West),Mumbai-400054 Tel:- 022-26604399 Fax:- 022-26600180 Email- dgmbbmh@bsnl.co.in Bharat Sanchar Nigam Limited (A Govt. Of India Enterprise) To, M/S ITI LTD (IS&IT) Network System Unit, Doorvani Nagar, Bangalore 560016. No:- CGMMH/Internet/NIB-II/P2.1 -(F) Dated 24/09/2009 Sub:- Extension of O&M of NIB-II Project 2.1 Narrow band RAS equipment beyond 01/09/2009 for six month period. (from 1/9/2009 to 28/02/2010) Ref:- This office letter No. CGMMH/Internet/NIB-II/P2.1 (F) Dated 28/02/2009. Kindly refer above cited letter 1. The earlier O&M of project 2.1 (Narrow band RAS) of NIB-II awarded under this office letter No. CGMMH/Internet/NIB-II/P2.1(F) dated 28/02/2009,which started from 1/03/2009, is since expiring on 31/08/2009. Approval of the competent authority is hereby conveyed for the extension of the O&M duration for a further period of six months from 1/09/2009 on payment basis, at the rates given in PO No.CGMMH/Internet/NIB-II Dated 3/6/2004.That BSNL may further extend the O&M period of six month subject to maximum of two years at the rates given in PO no. CGMMH/Internet/NIB-II Dated 3/6/2004 and requirement as per tender condition. 2) The terms and condition applicable during the O&M shall be as per Annexure-II of TE NO. CGMMH/Internet/NIB-II/2003-04/6 Dated 5/1/2004 and its clarification (copy enclosed as Annexure-I) 3) During warranty period, M/S ITI ltd will perform all functions enunciated in the AMC i.e. ANNEXURE -II of TE No. CGMMH/Internet/NIB-II/2003-04/6 Dated 5/1/2004 and its clarification. All penalty clauses shall be applicable during the period of warranty & O&M, in case of failure on part of M/S ITI ltd. 5) Warranty of the project 2.1 equipment is started from 1/12/2007. PBG submitted by M/s. ITI Ltd, is valid upto 31/12/2009. ITI will extend the same till 31/3/2010 6) The O&M envisages periodic testing/report generation etc from NOC Bangalore. the periodicity of such testing /report generation / review meeting etc can be discussed and finalized with GM(TP) Broadband Network Circle New Delhi. During this period, the technical team of M/S ITI ltd and its technology partner shall report to GM(TP) Broadband Network Circle New Delhi. for any instructions, guidelines etc. 7) Even though network take over /Warranty started from 1/12/2007, pending validation points will be dealt in accordance with BSNL C.O. Guidelines issued by APEX Committee and payment schedule is decided as per APEX Committee recommendations. Page 1of 18

8) The respective Circles shall intimate to this office regarding penalty to be imposed on the firm due to delay in repair /replacement of cards on monthly basis. The recovery of penalty shall be from pending payments of the firm if any. However after release of last 20% payment, this office will raise demand on M/s ITI ltd for penalty recovery by 10 th of every month. The firm shall have to pay the penalty to this office by last working day of the month. In case of failure of the firm to pay the amount demanded by BSNL. BSNL shall be at liberty to encash the PBG submitted against Po referred above. 9) The technical support centers shall provide support on 24X7 basis. List of Technical centers and ITI personnel at different locations as per O&M guidelines to be given by M/s ITI Ltd to GM (TP) Broadband Network Circle New Delhi within a week time. The man power requirement to extend the support at these levels may be discussed with CGM (Broadband Network Circle) to adequately meet the contractual obligation and functional requirement. Manning required at NOC locations may be finalised as per requirement of Broadband Network Circle, in consultation with GM(TP) Broadband Network Circle New Delhi. 10) M/S ITI ltd shall sign a non disclosure agreement with GM (TP) Broadband Network Circle New Delhi. 11) Actual date of commencement of O&M of project 2.1 against this letter will be intimated to this office by Broadband Network Circle New Delhi. 12) Paying Authority -Accounts Officer ( F & A) O/o The Chief General Manager Maharashtra Telecom Circle, BSNL, Santacruz (W), Mumbai-54. A.K. Jha DGM Network (P&D) CFA Copy to 1) The CGM Broadband Network Circle New Delhi 2) The GM (TP) Broadband Network Circle New Delhi. 3) The GM(BB) BSNL C.O. New Delhi 4) The NIB-II Project 2.1 Coordinator of all Telecom Circles. 5) The AO (F&A) O/o The CGMT MH circle Mumbai. Enclosed:- Annexure-I Annexure-II Page 2 of 18

OPERATIONS AND MANAGEMENT FOR Narrowband Remote Access Servers & ems/wholesale server deployed in NIB-II ANNEXURE I 1. Bidder after successful installation and commissioning of NIB-II network shall be responsible for its operations and management for a period of six months from the date of successful installation and commissioning. The Operation & Management of NIB-II Network shall include interalia all activities and processes which are equipment specific; and overall operations, like performance management, security management, configuration management, network and systems administration, data-base administration, fault management, billing and provisioning management. 2. The Operation & Management of Narrowband Remote Access Servers and ems/wholesale server deployed in NIB-II Network shall be carried out from NOC locations. 3. The Operation & Management shall include but not be limited to the following: 3.1 Network Operations & Management - Full operations and management of all nodes covering all hardware, software, configuration and integration including framing policies and guidelines for operations and management under this contract for all nodes. 3.2 System! Applications Administration 3.3 Database Administration 3.4 Help desk support to field units 3.5 Regular testing of all the NIB-II Network services from customers' point of view 3.6 Security Management 3.7 Imparting on-the-job training to BSNL officers 3.8 Submission of Performance Reports to BSNL 4 Any other activity or equipment, which is not explicitly covered in this document but is essential, as part of the operations and management of ISP network shall also be performed by the successful bidder. In case of any dispute in this regard, decision of BSNL shall prevail. 5 NIB-II Operations and Management Services have to be provided on 24x7 basis. 6 The selected bidder shall not, during the term of the contract and within five years after its expiry, disclose any proprietary or confidential information relating to the services, or BSNL's business or operations without prior written permission of BSNL. 7 Each NIB-II node shall have a designated BSNL field engineer i.e. Node In-charge, responsible for operations of the node. The Operations personnel of the selected bidder shall work closely with the node in charge of the respective nodes as a single team. 8 The entire network shall be managed centrally from the NOC nodes through the equipment consoles, remote terminals and NMS capability available in NIB-II and no outstation travel is envisaged. 9 Remote access to any NIB-II equipment shall not be permitted from anywhere other than NIB-II Node premises (or the space allocated by BSNL to the firm to carry out operations and management of the NIB-II equipment). The NIB-II equipment located outside the NOC locations shall be accessed only from the designated NOC location. 10 Performance Reports shall be submitted to BSNL as follows: 10.1Fortnightly Performance Report indicating routine and specific jobs done. Report shall also contain detailed status of various performance parameters monitored or being monitored. 10.2Quarterly Performance Report, which would be a consolidation of all the fortnightly reports of the quarter indicating clearly the status of jobs done, jobs pending and performance based on setout parameters. Status of availability and quality of service based on setout parameters should be clearly brought out in the report. Constraints, if any, in achieving the targets should also be stated clearly. Status of other works, if any, requested to be done under this assignment should also be stated. 11 The support from the selected bidder shall also include advise regarding any specific action to be taken by the BSNL Management as and when required, with regards to performance optimization, security, capacity planning etc. & rendering consultancy services to BSNL for optimizing the Page 3 of 18

Services, providing new services, including Value Added Services, over the NIB-II Network. 12 Selected Bidder shall provide CV s of the personnel proposed to be deployed clearly stating their qualifications, experience and competency including courses successfully completed in the relevant fields separately, number of persons proposed to be deployed for each work, weekly schedule of deployment and proposed work plan methodology of Operations and Management and approach in response to suggested terms of reference. This should also include Mechanism of communication of passwords/providing access to networking devices and servers/applications with an objective of introducing accountability etc. This shall be submitted in the Technical Bid also. 13 The successful bidder shall not further sub-contract whole or part of this assignment to any third party and also ensure that the managers/engineers posted at BSNL NIB-II for the job are not assigned any other job during the contract period. BSNL reserves the right to ask for change of expert(s) should their performance or conduct be found unsatisfactory by BSNL. Decision of BSNL in this regard shall be final and binding. The successful bidder shall replace such person(s) within 3 days of receipt of such notice with suitable person having equivalent or better qualification and experience. 14 Activities to be carried out in NOC for O&M of Project 2.1 14.1 Network Element Devices fault Management Daily routine /Scheduled maintenance of RAS / Switches /Router connectivity IOS Up gradation Trouble shooting in case of failure of modules / Modem cards /Sup engine Raising the cases to TAC which cannot be solved at Local Levels 14.2Backbone Fault Management: Monitoring Fault management: Monitoring of Backbone links between Router and RAS Optical power Monitoring Device health Monitoring Escalation of Link failures and location cutoffs Routine check of International Gateway for the Dial Up users Preparing Daily and Consolidated Reports Assisting concerned field units to detect and resolve customer / modem faults 14.3Configuration management: Network Level device configuration (RAS, Switches) Server/ Application additional configuration and support to P1, P2.2 Networks User addition / deletion Password changing Managing Disk Space Managing the RAS configuration / Modem capabilities / connectivity of PSTN /ISDN Exchanges for dial-up services such as 172233 (PSTN), 172225 (ISDN) Configuration for CLI based dial-up services such as 172222 Configuration of NRAS for dial VPN services 127233 (PSTN), 127225 (ISDN) 14.4 Provisioning Management Managing the IP pool as per the allotment and in co-ordination with DNW PLG HQ Allocating the IP for the PSTN / ISDN / Dial VPN connectivity. Testing the access of the Users (PSTN / ISDN / Dial VPN) based on their user name and password. Provisioning of additional services (multicasting, extranet, QOS)/ Page 4 of 18

Modification of port details, services modification based on the feedback from the Node in charges and customer etc. 14.5 Schedule maintenance: Backup / Recovery Taking regular Backups. Daily/ Weekly/ Monthly scheduled checkup of the system. Coordinating with node in-charges for their maintenance as per the O&M Practices and Support Services. 14.6 Database Administration: Day to Day Health check of the Databases Checking various memory allocation and buffers checking the connectivity of Databases and packages Monitoring the replication between primary and DR sites 14.7 Help Desk support to field Units/ Nodes: Providing the second line maintenance support to the Node in charges Configuring their RAS as per their requirements and connectivity between Telephone Exchanges Co-ordinating for the Customer / Network Problems and the required support for the Node in charges. 14.8Security Management Access control ( Network Devices/ Server/Application) System hardening and configuration control. Applying Policies and Rules based on the Network conditions and customer requirement. 14.9 Dial VPN Services Management Coordinating with Delhi Data Networks for creation of domain Coordination with Broadband Team for creation of users Testing and troubleshooting in case of problems 14.10 Technical consultancy for customer Giving technical inputs and suggestions to customers based on their Modem and Exchange connectivity. 14.11 Providing Reports to Management and Customers Various types of faults Report (location wise Modems equipped, used, Spare) Pending circuits/ commissioning reports Various customer reports (Availability, Error, utilizations etc.) Page 5 of 18

ANNEXURE II ANNUAL MAINTENANE CONTRACT AGREEMENT FOR Narrowband Remote Access Servers and ems/wholesale Server deployed in NIB-II This agreement is made on the day of (year) to be effective from between M/s. Bharat Sanchar Nigam Limited a company registered under the Companies Act 1956 having licence to provide all types of services of Telegraph and having its registered office at 5 th Floor, Sanchar Bhawan, 20 Ashoka Road, New Delhi 110 001 and Corporate Office at Statesman House, B- 148, Barakhamba Road, New Delhi 110 001 (hereinafter called BSNL) of the ONE PART and a company registered under the Companies Act 1956 and having its registered office at (hereinafter called SUPPLIER which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART. WHEREAS, BSNL has placed purchase order on the SUPPLIER vide No. dated for supply, installation, commissioning & Annual Maintenance of Narrowband Remote Access Servers and ems/wholesale server deployed in NIB-II against tender No., dated. WHEREAS the SUPPLIER has made the offer to duly comply with all the provisions of the Bid Document, including those pertaining to Post Warranty Annual Maintenance Contract, after making himself fully aware and understanding fully the implications of the terms and conditions and specifications mentioned therein and which has been accepted by BSNL on the terms and conditions mentioned hereafter and after ascertaining that the SUPPLIER is fully capable of complying with the aforesaid terms of the Bid Document. NOW the AGREEEMENT WITNESSETH as follows : 1.0 PERIOD OF VALIDITY OF THE AGREEMENT. 1.1 This Agreement shall remain in force for five years from the date of completion of two years warranty, while at the same time the term and conditions of this agreement except for payment of charges to the SUPPLIER shall also apply during warranty period. 1.2 Extension of this Agreement shall be negotiable for the second term depending on the performance of the SUPPLIER during the period of the initial term. 2. In addition to complying with all the terms and conditions recorded in the Bid Document, the SUPPLIER hereby agrees and unequivocally undertakes to fully comply with all the terms and conditions stipulated in this Agreement and without any deviation or reservations of any kind. 3. Unless otherwise mentioned or appearing from the context, the Tender (Bid) Document and any clarifications thereof and the purchase order shall form part and parcel of this agreement, provided that in case of conflict or inconsistency on any issue relating to this Agreement, the terms set out in the body of this agreement with schedules and Annexure thereto shall prevail. 4. During the period of AMC the SUPPLIER shall inter alia : i) Diagnose the hardware and software faults. Page 6 of 18

ii) Rectify the hardware/software faults detected. iii) Repair and replace the faulty PCB and any other equipment or part thereof. iv) Carry out the periodic preventive maintenance. v) Upkeep the software periodically. vi) Upgrade the software to latest version vii) Create customized reports from, Provisioning System etc. viii)provide full & time bound assistance in integrating the NMS/PMS and associated systems with any other NMS as required by BSNL. ix) Provide API s of systems supplied by it against the Purchase Order for sharing with other NMS or similar systems supplier for the purpose of integration. 5. The supplier shall prepare the schedule of preventive maintenance for each quarter and shall submit the same to BSNL in advance. The preventive maintenance shall not affect the normal functioning of the system. 6. The SUPPLIER shall provide all global software upgrades to BSNL free of cost as a part of the AMC as well the maintenance of these upgrades. 7. The SUPPLIER shall be solely responsible for the maintenance, repair & up gradation of the software/hardware systems, equipments and parts thereof and BSNL shall not be liable to interact with any of the partners/collaborators or subcontractors of the SUPPLIER. 8. REPAIR AND MAINTENANCE : 8.1 TECHNICAL SUPPORT CENTRE : The SUPPLIER shall have Technical support Centers at least one in each region i.e. at least five in number. The SUPPLIER may set up more such centers to meet the criteria for fault restoration/faulty unit repair times as mentioned in the AMC. The SUPPLIER shall furnish the names, locations, complete postal address, Telephone numbers and FAX numbers of all Technical support Centers at the time of signing this Agreement. The SUPPLIER shall also specify the names of the Nodes to be covered by each Technical support Center in the format given at Appendix- A to this agreement. The SUPPLIER shall also provide the name of alternate contact person or Technical Support Center with address & telephone /FAX no. which may be contacted by BSNL staff for support in case of no response/poor response from the designated Technical support center. This, however, shall not preclude BSNL from imposing the penalties, if any, as applicable as per the terms & conditions of this agreement. Any change in Address, Phone number, FAX Number etc shall have to be intimated in writing by the SUPPLIER to the concerned Incharge of the BSNL Node as well as the concerned head of SSA and BSNL Corporate Office at the earliest. If the Node in charge of the BSNL NIB-II node is unable to report the faults to the normally assigned Technical support Center due to the change of phone number etc. the fault will be reported (as per provision of 8.1.1 above) and the SUPPLIER shall be responsible for rendering all the maintenance support services to the affected station as per the terms and conditions of this Agreement. Page 7 of 18

8.3 RESPONSIBILITIES OF TECHNICAL SUPPORT CENTER : 8.3.1The SUPPLIER shall ensure that all the Technical support centers are manned by fully competent and responsible Engineers and are : (i) Capable of giving all types of necessary technical guidance/assistance over phone to the respective Node In charge of BSNL sites including NMS/PMS, for fast restoration of faults and ii) Capable of attending the faults at the BSNL sites whenever needed by deputing competitive technical expert. 8.3.2The SUPPLIER shall also ensure that Technical support Centers are manned and are able to provide service to BSNL round the clock, all the seven days of the week throughout the year. The level of service provided to BSNL shall not go down during nighttime or due to any day being holiday, or for any other reason. 8.3.3The Technical support Centers shall receive the faulty cards/units/pcbs from BSNL sites and repair / replace them with good cards during the period of AMC. 8.3.4One or more of the Technical Support Center (s) shall also work as repair center (s) and the shall be responsible for repairing the faulty cards/units/pcbs and shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in the this agreement. The SUPPLIER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated repair centers. 8.3.5The Technical support Center shall regularly obtain feedback about the health of the systems under its jurisdiction form the node in charge of BSNL on monthly basis (or even more frequently) and maintain a proper record of such feedback. These shall be made available to the technical experts nominated by the SUPPLIER for analysis and such technical expert in turn shall give adequate and proper guidelines / technical advise to the in-charge of BSNL Nodes for taking necessary preventive measure for reducing the frequency of such faults and also for preventing such faults from re-occurring. This shall, however, not absolve the SUPPLIER from fulfilling his obligations under this agreement. 8.4 The SUPPLIER shall set up at least one repair center in India within 4 months from the date of purchase order, with the facilities for repair of all types of modules/units/equipment supplied by it. For third party equipment like Server Hardware at NOC, it shall be the option of the SUPPLIER to either carry-out the repair on its own or through the facilities of third party. In all cases, however, BSNL shall interface only with this SUPPLIER. 9. The first line maintenance shall be done by authorized staff of BSNL by replacement of the faulty /affected module with a readily available good module, stocked at the site by the SUPPLIER at his (SUPPLIER s) cost or out of the spare capacity, if available, in that node if no spares at site have been made available by the SUPPLIER. Decision whether the module / Page 8 of 18

cards at any node can be made spare or not shall rest with BSNL. It shall not absolve the SUPPLIER from his responsibilities under this agreement for restoration of fault etc. All such changing / replacement of faulty / affected modules shall be done by BSNL staff as per the telephonic (or otherwise) instructions of the technical support centre. 10. The faulty module shall be sent by BSNL to the SUPPLIER s designated Repair Center / Technical support Center within shortest possible time. 11. The SUPPLIER shall arrange and ensure repair or replacement of the faulty equipment, to the concerned BSNL site within 15 days of dispatch of the faulty module by BSNL to the SUPPLIER s designated Technical support Center. While the responsibility of delivering the faulty module /Card / PCB / equipments to the SUPPLIER s premises will lie with BSNL, the responsibility of repairing and sending back the same to the respective BSNL site will be with the SUPPLIER. 12. The 15 days time shall be calculated from the date of dispatch of the faulty equipment at the SUPPLIERs designated premises to the date of receiving back of the repaired / replacement of the same at the concerned BSNL site. Three days time in each direction shall be taken as transit time. Wherever sub-racks or other equipment are brought by the representative of the SUPPLIER at site for replacement the faulty unit/subrack/equipment shall be taken back by the said representative for further repair etc. at the cost of SUPPLIER. 13. The SUPPLIER shall ensure that a minimum stock of 5% of subscriber s interface card (E1 R2, E1 PRI) working in the coverage area, are maintained as spare stock at the Technical support Centers. It will be at the option of the SUPPLIER to distribute the Interface card at different Nodes to meet his obligation under AMC. 14. TECHNICAL SUPPORT PROCEDURE: 14. The following procedure shall be followed for Technical support.: 14.1In case of any fault, abnormality in the system, partial or total failure of the system, the officer incharge of the BSNL Node will immediately contact the designated Technical support Center of the SUPPLIER and give information about the nature of fault over phone / FAX / pager / e- mail. 14.2The details of the faults reported shall be recorded in a prescribed format, called the FAULT DOCKET as given in Appendix-B of this Agreement. Changes in the FAULT DOCKET may be incorporated for better reporting and recording reconciliation of the faults at BSNL Node and also at Technical support Centers of the SUPPLIER by mutual agreement and understanding, to best utilize the Fault Docket facility of NMS or as and when such need is felt. To this end changes in fault reporting procedures can also be incorporated. 14.3Even if the fault is reported over phone to the Technical support Center a copy of the Fault Docket duly filled in by the station In charge of BSNL shall be sent by FAX and also by post to the Technical support Center of the SUPPLIER for records. The time of occurrence of fault as recorded in the fault docket shall only be taken into consideration for calculating the actual duration of faults. 14.4Similarly, after rectification of fault a fresh Fault- Docket duly filled in and after recording the Page 9 of 18

time of restoration and total duration of fault, will be sent by station Incharge of BSNL to the Technical support Center, preferably by FAX, for records. 14.5In case of any dispute arising regarding duration of fault etc, the Fault Docket as maintained at the BSNL Node shall be the guiding documents to be agreed by both parties. 14.6The Fault Docket shall be filled with utmost care, giving all the details of the faults and other information as prescribed in the Fault Docket and the entries made shall be authenticated by signature of the Node Incharge of the station concerned. 14.7Technical instructions shall be given to the BSNL staff of the concerned Node, over phone. If the fault is restored by following the instructions given over phone, the Node Incharge of NIB- II Node will close the Fault Docket after making suitable entries and after satisfying himself of the proper restoration of the fault. A copy of the Fault Docket duly filled in shall be sent to the Technical support Center for records. 14.8The SUPPLIER shall also ensure visits of the expert and competent technical staff of the SUPPLIER in case the fault is not rectified to the satisfaction of BSNL even after following the telephonic instructions and advices. 14.9Once the fault has been rectified and the system & services were restored to normalcy, the visiting engineer of the SUPPLIER shall record in the Node Log Book, the details of the works done by him for restoration of the faults and also record the details of steps to be taken and procedures to be followed for not only restoration of similar faults by BSNL staff but also for preventing the occurrence of similar faults in future. Similar entries shall be made in the fault docket also. 15. MAINTENANCE OF HISTORY SHEET AND LOG BOOKS : 15.1The SUPPLIER shall supply elaborate maintenance procedures and performa of the history sheet to every site of BSNL, where its (the SUPPLIER s) equipments are installed. The Incharge of the NIB-II node shall fill up the history sheet containing the statistics about the health of the NIB-II equipments installed at the concerned site and send a report to the Technical support and national Center of the SUPPLIER on monthly basis. Based on the History sheet report, the SUPPLIER shall analyze the health record of each site and if something alarming or unusual is noticed, shall advise the field staff of BSNL to take necessary actions for preventive maintenance of such equipments. These instructions for preventive maintenance shall be passed on to BSNL staff of the concerned station in writing and by sending experts to the respective stations when felt necessary. BSNL reserves the right to make changes in the performa proposed by the SUPPLIER. 15.2History sheet performa shall become part of this agreement as Appendix-C at the time of signing of the agreement. 16. AMC CHARGES AND PAYMENTS : Page 10 of 18

The charges for AMC will be as given in the purchase order. A copy of the same is enclosed at Appendix D. (to be made part of the agreement at the time of signing this agreement) 16.1For fulfilling the above obligations, the following procedure shall be followed for paying the SUPPLIER the charges for the services rendered by the SUPPLIER under this Agreement. 16.2BSNL shall not pay any charges in advance. Bills for AMC shall be paid by BSNL at the end of each quarter, after successful execution of the works under this Agreement normally within 15 (fifteen) days of the receipt of the Node-wise bills duly completed. 16.3All payments shall be made by the Heads of Circles concerned based on the fault report received from Heads of SSAs, after deducting penalties if any. For this purpose, BSNL shall designate nodal officers at the respective circle headquarters. 16.4BSNL reserves the right to adjust any over-payment of AMC charges in any quarter, any time during the period of AMC. 17. FORCE MEJEURE Neither BSNL nor the SUPPLIER shall be liable to the other for any delay in or failure of performance of their respective obligation under the agreement caused by occurrences beyond the control of BSNL or the SUPPLIER including but not limited to fire (including failure or reductions), acts of God, acts to the public enemy, was, insurrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of any other local authority, or any compliance therewith or any other causes,contingencies of circumstances similar to the above. Either party shall promptly but not later than twenty days thereafter notify the other of the commencement, and cessation of such contingencies, and if such contingencies continues beyond three months. Both parties agree upon the equitable solution for termination of this agreement or otherwise decide the course of action to be adopted. 18. FAULTS : SEVERITY LEVELS AND RESTORATION TIME : 18.1Faults at any of the NOC site, causing crash of any servers or programmes or switchover failure from main NOC to DR NOC shall be treated as Severity Level 1A. Such faults shall be rectified within three hours of reporting to the supplier. 18.2Any fault in the equipment/system affecting the availability of service to more than 5% of working subscribers on a node shall be treated as Severity Level 1B. Such faults shall be rectified within three hours of its reporting to the supplier. 18.3Faults at any of the NOC sites causing slow performance of servers deployed at NOC, shall be treated as Severity Level 1C. Such faults shall be rectified within four hours of reporting to the supplier. 18.4Any faults affecting the availability of service to 5% or less subscribers on a node shall be treated as Severity Level 2A. All such faults shall be rectified within six hours of its reporting to the supplier. 18.5 Any fault causing failure or slowing down of remote operator terminal NOC Page 11 of 18

access/downloading/printing except due to NOC faults mentioned in 18.2 & 18.3 above shall be treated as Severity Level 2B. Such faults shall be rectified within twenty four hours of reporting to the supplier. 18.6Here the node will be taken to mean a site having Remote Access Servers installed Availability of service shall be taken to have been affected if indications including among other things, poor bit error rate to the subscriber, intermittent failure, end-to-end unavailability of service to the customer fault of continuous nature etc. 18.7The time for restoration of fault will be counted from the time of reporting to the technical support centre as per procedure prescribed in clause 8 of this agreement. 18.8For the purpose of arriving at the penalties as indicated in clauses 18.1 to 18.5 above, the calculated percentage upto two decimal points shall be rounded off to nearest figure (e.g. 4.49% will be taken as 4% and 4.50 shall be taken as 5%) 19. PENALTIES : 19.1If the supplier fails to restore the fault within the time limit specified in clause 18 above, following penalties shall be applicable Severity Level Penalty per hour of delay/ Per node/per occasion 1A 1B 1C 2A 2B Rs.5000/- Rs.3000/- Rs.2500/- Rs.2000/- Rs.1000/- (Delay will be counted in steps of one hour). 19.2The penalty will be applicable on per node basis even if there is a commonality of fault at any point in the network causing failure full or part of service at more than one nodes in the network 19.3If the supplier is unable to meet the deadline of 15 days as mentioned in para 11 for repair/replacement of faulty equipment, a penalty of Rs.500/- per day of delay per faulty module/card shall be applicable. Beyond 30-day delay, the penalty shall be Rs.1000 per day. A system of dispatch and receipt challans shall be worked out between BSNL and the supplier within three months of the placement of Purchase Order in order to account for the delay. Decision of BSNL as to how the system is designed shall be final. 19.4The penalty shall be deducted from the quarterly bills. The maximum value of penalty for fault in nodes shall not exceed 20% of AMC amount in that quarter. However there shall be no limit on the penalty for delay in repair of units/models as mentioned in 19.3 above. Page 12 of 18

19.5Any failures affecting the availability of service to more than 20% of working subscribers in the whole network at a time, shall entitle BSNL to deduct 1% of the quarterly bill for each occasion of such failure in that quarter. This will be in addition to the node-wise penalty indicated above. 20. After the expiry of annual maintenance contract, it shall be optional for BSNL not to enter the AMC contract further with the contractor. In such circumstances the contractor will be bound to hand over the spare parts /sub assemblies /printed circuit boards etc to BSNL. For this reason the bidder shall quote, in the bid the price of these parts /sub assemblies/pcbs to be paid by BSNL at that time. For the purpose of evaluation of tender sum of these prices will be discounted @ 15% per annum to arrive at the present price. However, if additional spare parts are needed the bidder shall supply them at the same rate. BSNL will have right to purchase spares in quantity, which are less or more than the quantity quoted by the contractor in the bid. If BSNL is not satisfied with the performance of the SUPPLIER during AMC it reserves the right to terminate the AMC during its currency, after giving three months notice to the SUPPLIER and in such an event the vendor will hand over all the spares as indicated above. 21. DISPUTES & ARBITRATION: 21.1In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to matter the decision of which is specifically provided under this agreement), the same shall be referred to sole arbitration of the CMD, BSNL, New Delhi or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the CMD, BSNL or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the CMD, BSNL or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment on the ground that the arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties to the agreement. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever the CMD, BSNL or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. 21.2The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the Rules made thereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. 21.3The venue of the arbitration proceeding shall be the Office of the CMD, BSNL, New Delhi or such other Places as the arbitrator may decide. 21.4Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation. 21.5Both parties shall use their best efforts in good faith and best intention to resolve disputes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or a breach thereof. Pending resolution of a dispute, the supplier shall continue to fulfill its obligations under this agreement. 22. SET OFF: Any sum of money due and payable to the SUPPLIER (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the SUPPLIER with the Purchaser or BSNL or such other person or persons contracting through BSNL. Page 13 of 18

Appendix : A to the AMC Details of Technical support Centers Sl.No. Location of Area/Nodes Postal Telephone Mobile FAX E-mail Technical Served Address Numbers Phone Number Address support Minimum Number Center two 1 1 2 3 4 5 2 3 4. 5 6 7 Page 14 of 18

BHARAT SANCHAR NIGAM LIMITED Appendix-B to the AMC page 1 of 3 FAULT- DOCKET FOR NIB-II NETWORK Name of Node : SSA Docket Sl. No: File No: Date: From: - Name: ( of the officer incharge/duty officer of the station) To, Designation: M/s. ( the SUPPLIER) Address: ( of the Technical support / Center) 1. 1. Date Time ( of occurrence of fault) 1.2. Date. Time (of Reporting of Fault ) 2. Fault Reported to: Technical support Center ( Name of the person) on phone : 3.1 Mode of Reporting : Phone, FAX, e-mail/ ( Tick whichever is applicable) Pager 3.2 Fault observed in : NOC / Remote Access Server ( Tick whichever is applicable) 4. Description of fault & observation of the reporting officer: 5. Details of Services affected : 6. Percentage of Service affected : 7. Date Time ( of receiving the 1 st assistance over phone from Technical support Center) 8. Details of Assistance received : (Note: Add additional sheet if needed.) Page 15 of 18

Appendix-B to the AMC Page 2 of3 9. Date Time ( of receiving the 2 nd assistance over phone from Technical support Center) 10. Details of assistance received : (Note: Add additional sheet if needed.) 11. Was the fault restored by following the instructions given over phone? A- YES B- NO ( Tick whichever is applicable) 12. If Yes, record date & time of restoration & duration of fault : Date Time ( in hours & minutes) Duration of Fault: days Hours minutes. 13. Was the fault restored : A- Partially B- Fully ( Tick whichever is applicable) If the fault is not restored or restored only partially, give details of 14. observation: ( Note: Add additional sheet if needed ) 15. Note date & time of giving feed back vide Srl No:14 above to the Technical support Center: ( only in the event of partial / non restoration of faults ) Date Time. ( in hours & minutes) 16. Date & Time of arrival of SUPPLIER s Expert at site / station of fault : Date Time. ( in hours & minutes) Brief observation and works done by the SUPPLIER s staff / expert : 17. ( detailed entry to be made by SUPPLIER s staff in the station Log-Book) 18. Date & Time of complete restoration of the system : Date Time. ( in hours & minutes) 19. Total Duration of Fault : days hrs minutes. Page 16 of 18

Appendix- B to the AMC page 3 of 3 20. Remarks of Node in charge ( if any) : 21. Remarks of visiting engineer ( of SUPPLIER), if any : Signature : Name : Designation : ( of BSNL staff / in charge of the station) Note : 1.Each page of the Docket must be signed by designated officer of BSNL (including the additional sheets, if attached) 2.A copy of the Fault- Docket must be sent to the Technical support Center of the SUPPLIER, immediately by FAX / Post after restoration of fault. 1. At the time of first reporting it may not be possible to pinpoint the fault. Hence more than one boxes can be ticked against Sl.3.2. Similarly observation of the local impact of fault may not be possible against Sl.5. The duty officer shall provide observation which are immediately available. 2. Date on percentage of services affected shall be made available by the supplier though NMS as provided under special condition. Page 17 of 18

APPENDIX C To AMC PROFORMA FOR HISTORY SHEET (To be submitted by the Bidder) Page 18 of 18