TiVo 2007 Annual Report Download - page 128
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Priority 4 Error
Issue requires no further action beyond monitoring for follow-up if needed.
(e.g. TiVo Experience Software causes [*].)
(e.g. TIMS Solution causes [*])
N/A
TiVo support personnel will document issue and incorporate
into subsequent Releases of support materials and software.
d. Implementation. Once TiVo has created a fix or workaround to the Error, the Parties will develop a mutually agreed plan to
(i) incorporate such fixes or workarounds into new production units of the applicable Comcast Products and (ii) download such fixes to
existing Comcast Products.
e. Incident Resolution. An incident will be considered resolved when TiVo and Comcast mutually agree that it has been resolved to the
reasonable satisfaction of the Parties. TiVo shall provide Comcast with [*] access to the date and time of incidents reported to TiVo,
including the severity level, resolution date and time and software patch revision or new version required or other resolution. [*].
f. Breach of Warranty. Failure by TiVo to perform in accordance with the process described in this Paragraph 5 for the TiVo Experience
Software will be considered a breach of the warranties set forth in Section 15.2(f) of the Agreement, and Comcast will have the remedies
defined in the Agreement for a breach of Section 15.2(f) in addition to the remedies set forth in Paragraph 6 below.
g. Dispute Resolution. In the event of a dispute regarding whether there is an Error, or whether cooperation from Comcast or a Comcast
Vendor is necessary with respect to correcting such Error, or whether Comcast or a Comcast Vendor has failed to provide any such
necessary cooperation, or whether TiVo has failed to promptly perform any such correction, Comcast and TiVo will immediately
communicate such dispute to the appropriate business/project manager when such Party becomes aware of the dispute. If such business/
project managers cannot mutually resolve such dispute [*], then such dispute will be immediately referred to the senior executive
management of each Party for discussion and resolution. If the respective senior executive management teams of the Parties are not able
to agree on a resolution [*] after such escalation, either Party may elect for the dispute to be resolved pursuant to the arbitration
provisions of Section 34 of the Agreement.
6. Remedies.
a. Failure to Perform Services. Without limiting Paragraph 5(f) above, with respect to Errors in the TiVo Experience Software, if TiVo fails
to perform in accordance with the initial response and target resolution responsibilities set forth in
[*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment
has been requested with respect to the omitted portions.
L-4.