ICCP Infrastructure Provision Agreement between Transpower New Zealand Limited and <%#TradingName%>

Transcription

1 STA %> ICCP Infrastructure Provision Agreement between Transpower New Zealand Limited and <%#TradingName%> July 2013 ICCP Infrastructure Provision Agreement Transpower New Zealand Limited All rights reserved.i GSA V2

2 STA %> Table of Contents between Transpower New Zealand Limited and <%#TradingName%> INTERPRETATION TERM AND TERMINATION LINK AND INTERFACE ASSETS PROVISION OF TIER 2 DATA OUTAGES AND SERVICE LEVELS ICCP FEES SYSTEM CHANGES PAYMENTS LINK PKI EXCLUSION OF LIABILITY RELATIONSHIP WITH TRANSMISSION AGREEMENT GENERAL SCHEDULE 1 INTERFACE ASSETS SCHEDULE 2 CUSTOMER ENVIRONMENT SCHEDULE 3 ICCP SERVICE LEVEL AGREEMENT SCHEDULE 4 CUSTOMER FAULT LOGGING Page 2

3 DATE: PARTIES: 1. TRANSPOWER NEW ZEALAND LIMITED a duly incorporated company having its registered office at Wellington ("Transpower") 2. <%#TradingName%> ( Customer ) BACKGROUND: A. Transpower owns and operates the Grid. B. The Customer owns Assets that are connected to the Grid or a Local Network. C. Under the Code the Customer is required to have in place a primary means of transmitting data (being indications and measurements relating to its Assets) between the Customer s Assets and the System Operator. D. In addition to the data referred to in Recital C, Transpower and the Customer may also wish to transmit other data to each other using the same means. E. This Agreement contains the terms and conditions on which Transpower and the Customer have agreed to create the Link between them in order to fulfil the Customer s Code obligation and to allow data to be transmitted between the parties. THE PARTIES AGREE: 1. INTERPRETATION 1.1. Definitions: In this Agreement, unless the context requires otherwise: Agreement means this Infrastructure Provision Agreement including the Schedules; Business Day has the meaning in paragraph of the definition of business day in Part 1 of the Code; Code means the Electricity Industry Participation Code 2010; CPI Change means the percentage change in the New Zealand Consumers Price Index (All Groups) between the two most recently completed December quarters, adjusted for any rebasing; Current Transmission Agreement means the Transmission Agreement in existence at the date of this Agreement, excluding any amendments to that Transmission Agreement that may be made after the date of this Agreement; Customer Interface Assets means the Interface Assets outside the managed service boundary shown in Schedule 1 and that are connected directly to the Transpower Interface Assets; Customer System Changes means any changes made by, and at the initiative of, the Customer to: (a) the Customer Interface Assets; or any of the Customer s other information systems that affect the transmission of data between the parties using the Link; Customer Tier 2 Data means Tier 2 Data to be transmitted by the Customer to Transpower; Page 3

4 Data means Tier 1 Data and Tier 2 Data; Data Commissioning Date means, for Data, the date on which the Link is commissioned for live operation in respect of the Data; Data Connection Layer means the part of the Link that is the logical connection between Transpower and the Customer. The Data Connection Layer includes the ICCP Specifications, Link PKI and enabling software for the Link; Data Connection System Change means a System Change that is in the Data Connection Layer and is not a Routine Change; Data Plan means a document that the parties may from time to time agree in writing setting out the Data the parties will transmit to each other and its frequency and format; ICCP means the data transfer standard known as Inter Control Centre Protocol, which is described in the ICCP Specifications; ICCP Fees means the fees defined in clause 6.1; ICCP Specifications means Appendix I ( ICCP to customers ) of the Transpower Standard TP.DC ( SCADA Protocols and Performance Standard ); Incompatibility Situation means a situation where, as a result of a System Change by a party, the Link is no longer capable of transmitting the Data between the Customer and Transpower in respect of one or more Sites without the other party making a System Change that it has chosen not to make; Interface Assets means the hardware and software described in Schedule 1 and the ICCP Specifications, which are required for the Link. Interface Assets are either Transpower Interface Assets or Customer Interface Assets; Link means an ICCP data connection between the parties using the Interface Assets. The Link comprises the Network Connection Layer and Data Connection Layer; Link Commissioning Date means, for a Site, the date on which the Link is first commissioned for live operation at the Site; Link PKI means the public key infrastructure for the Link, which is described in the ICCP Specifications; Network Connection Layer means the part of the Link that is the physical connection between Transpower and the Customer; Network Connection System Change means a System Change that is in the Network Connection Layer; Outages has the meaning in clause 5.1; Previous year ICCP Fee has the meaning in clause 6.1.2; Private Key means a private encryption key issued under the Link PKI; Related Data means data relating to the Customer s, Transpower s or a third party s Assets that the parties have agreed to exchange under a written agreement (other than this Agreement) with the intent that the data be exchanged using the Link; Related Data Agreement means an agreement for the exchange of Related Data; Routine Change means a Data Connection System Change that is a move, add, delete or change of a Customer or Transpower asset identifier, characteristic or status; Site means a single physical location for the Customer Interface Assets; Page 4

5 System Changes means Transpower System Changes and Customer System Changes; Term means the term of this Agreement as defined in clause 2.1; Tier 1 Data means the indications and measurements described in clause 9(1) of Technical Code C of Schedule 8.3 of the Code relating to the Customer s Assets; Tier 2 Data means any: (a) data set out or described in the Data Plan relating to the Customer s, Transpower s or a third party s Assets (as applicable); and Related Data, not being Tier 1 Data; Transmission Agreement means the agreement between the parties under which the Customer s Assets are connected to the Grid; Transpower Interface Assets means the Interface Assets inside the managed service boundary shown in Schedule 1; Transpower System Changes means any changes made by, and at the initiative of, Transpower to: (a) (c) the ICCP Specifications; the Transpower Interface Assets; or any of Transpower s other information systems that affect the transmission of data between the parties using the Link; Transpower Tier 2 Data means Tier 2 Data to be transmitted by Transpower to the Customer; Year means the period from and including 1 April in a calendar year up to and including 31 March in the following calendar year; and all capitalised terms that are not defined in this Agreement have the meanings given to them in the Code Rules of Interpretation: In this Agreement, unless the context otherwise requires: references to clauses and Schedules are to clauses of and Schedules to this Agreement; and references to a document or agreement (including legislation and this Agreement) include references to all amendments to or substitutions for that document or agreement Supremacy of Related Data Agreements: If there is any inconsistency between clauses 4, 5, 10 or 11 of this Agreement and a Related Data Agreement in relation to Related Data, the Related Data Agreement will prevail. 2. TERM AND TERMINATION 2.1. Term: This Agreement will take effect on the date of this Agreement and will remain in effect until terminated under clause 2.2 or Termination for Convenience: Either party may terminate this Agreement on or after 1 April 2015 by giving at least three months notice to the other party Events of Default: If either party ("Defaulting Party"): commits a breach of this Agreement having a material, adverse effect on the benefit of this Agreement to the other party ("Non-defaulting Party") and fails to remedy such breach within 10 days of receipt of a Page 5

6 notice in writing from the Non-defaulting Party requiring such breach to be remedied; or becomes insolvent or is made subject to an application for winding up or resolves to wind up voluntarily (other than for the purposes of a solvent reconstruction), or has a receiver (or similar functionary) appointed in respect of any of its assets, or ceases to carry on business or enters into a composition or arrangement with its creditors generally, the Non-defaulting Party may terminate this Agreement with immediate effect by giving written notice of such termination to the Defaulting Party Incompatibility Situations: A party may terminate this Agreement for one or more Sites with immediate effect by giving written notice of such termination to the other party if clause 7.1.5(c) or 7.2.5(c) applies and the terminating party is Party B under that clause Effect of Termination: On termination of this Agreement for whatever reason: the termination will be without prejudice to either party's rights and remedies in relation to this Agreement that accrued before termination; this clause 2.5 and clauses 2.6 and 10 to12, together with those other provisions of this Agreement which are incidental to and/or required to give effect to those clauses, will remain in full force and effect; and the parties will use reasonable endeavours to ensure that, despite the termination of this Agreement, primary and backup means of transmitting Tier 1 Data are in place as soon as practicable in order to allow the Customer to comply with clauses 6(1), 6(3) and 7 of Technical Code C of Schedule 8.3 of the Code Refund of ICCP Fees: If the Customer terminates this Agreement under clause 2.3 or 2.4 or Transpower terminates this Agreement under clause 2.2, Transpower will refund to the Customer any part of the ICCP Fees already paid to Transpower that relates to a period after the date of termination, determined on a pro rata basis. 3. LINK AND INTERFACE ASSETS 3.1. Agreement to Connect: The parties agree to create the Link by connecting the Customer Interface Assets to the Transpower Interface Assets. The primary purpose of the Link is to establish a primary means of transmitting Tier 1 Data in satisfaction of the Customer s obligation under clauses 6(1) of Technical Code C of Schedule 8.3 of the Code Customer s Obligations: The Customer will, at the Customer's cost: procure, construct and install the Customer Interface Assets; maintain the Customer Interface Assets; provide the access, services and facilities set out in Schedule 2; and otherwise provide reasonable assistance to Transpower for the purpose of Transpower fulfilling its obligations under clause Transpower's Obligations: Transpower will, at Transpower s cost (subject to clause 6): procure, construct and install the Transpower Interface Assets and connect them to the Customer Interface Assets; test and commission the Link; Page 6

7 use reasonable endeavours to achieve the Link Commissioning Date within 14 weeks of the date of this Agreement and advise the Customer if this target is at risk; maintain the Transpower Interface Assets; otherwise provide reasonable assistance to the Customer for the purpose of the Customer fulfilling its obligations under clause 3.2; only use the Transpower Interface Assets located at each Site for the purposes of providing the Link; and manage the Link, including by: (a) providing support for the Link in accordance with Schedule 4, but excluding maintenance of the Customer Interface Assets; (c) ensuring the Customer can use the Link in accordance with (but subject to) the terms of this Agreement, including by issuing the Private Key to the Customer in accordance with the Link PKI; and acting as the certification authority and a registration authority for the Link PKI Standards for Interface Assets: The parties will perform their obligations under clauses 3.1, 3.2 and using reasonable care and skill; and in accordance with the ICCP Specifications or as otherwise agreed in writing between Transpower and the Customer Ownership: The Customer Interface Assets will be owned by the Customer or its third party licensors. The Transpower Interface Assets will be owned by Transpower or its third party licensors. Transpower will clearly identify those of the Transpower Interface Assets at each Site as belonging to Transpower Security Requirements: Each party will use industry standard procedures, and will take reasonable steps, to ensure that no person is able to access the other party s information systems via the Link. 4. PROVISION OF TIER 2 DATA 4.1. Customer Tier 2 Data: Where the parties agree to transmit Customer Tier 2 Data, the Customer will transmit that Data to Transpower using the Link from the relevant Data Commissioning Date and in accordance with the relevant Data Plan or Related Data Agreement (as the case may be) Transpower Tier 2 Data: Where the parties agree to transmit Transpower Tier 2 Data, Transpower will transmit that Data to the Customer using the Link from the relevant Data Commissioning Date and in accordance with the relevant Data Plan or Related Data Agreement (as the case may be) Backup Data Transmission: For the avoidance of doubt, nothing in this Agreement obliges a party to transmit Tier 2 Data to the other party using the backup means referred to in clause 6(3) of Technical Code C of Schedule 8.3 of the Code. 5. OUTAGES AND SERVICE LEVELS 5.1. Outages: The parties acknowledge that the Link and the provision of particular Data using the Link may be subject to planned or unplanned outages ( Outages ). Each party will use reasonable endeavours to provide at least 10 Business Days notice to the other party of any planned Outage unless an emergency requires action on shorter notice. Page 7

8 5.2. Notification: Each party will notify the other party in advance of planned Outages and as soon as reasonably practicable after becoming aware of an unplanned Outage Support and Service Levels: Transpower will, at Transpower s cost (subject to clause 6) use reasonable endeavours to ensure the components of the Link are available and perform in accordance with the service levels set out in Schedule ICCP FEES 6.1. ICCP Fees: The ICCP Fees per Site are: $30,000 plus GST per annum for the period from the Link Commissioning Date to 31 March 2015; and for each subsequent Year of the Term from 1 April 2015: (a) the same amount as was payable by the Customer for the previous Year (the Previous Year ICCP Fee ); or such other amount as Transpower may notify to the Customer at least three months before the commencement of the Year, such amount to be no more than the Previous Year ICCP Fee increased by the CPI Change ICCP Fees Contribution: For the avoidance of doubt, the ICCP Fees are a contribution to Transpower s costs of performing its obligations under clauses 3.3 and SYSTEM CHANGES 7.1. Network Connection System Changes: This clause 7.1 applies if a party ( Party A ) wishes to make a Network Connection System Change that is reasonably likely to affect the other party s ( Party B s ) Interface Assets or use of the Link: Party A will provide at least three months notice to Party B of the Network Connection System Change Party A will consult with Party B about the Network Connection System Change Party A and Party B will endeavour to agree on the timing and process for the Network Connection System Change. Neither party will unreasonably withhold its agreement If the Network Connection System Change is likely to require Party B to make changes to its Interface Assets, the parties will endeavour to agree the allocation of the direct costs of those changes between Party A and Party B. Neither party will unreasonably withhold its agreement Subject to any agreement between the parties under clause or 7.1.4: (a) Party A may make the Network Connection System Change after the expiry of the notice period referred to in clause 7.1.1; Party A and Party B will each bear their own costs of the Network Connection System Change, provided that (subject to clauses and 7.1.7) Party A will bear the direct costs of any changes Party B is required to make to its Interface Assets as a result of the Network Connection System Change; and Page 8

9 (c) if the Network Connection System Change results in an Incompatibility Situation, Party B may terminate this Agreement for the affected Sites If Party A is the Customer then Party A s liability under clause is limited to the Maximum Contribution per Network Connection System Change. If Party A is Transpower then Party A s liability under clause is limited to the Maximum Contribution per affected Site per Network Connection System Change Notwithstanding anything else in this clause 7.1, Party A and Party B will each bear their own costs of the Network Connection System Change if the Network Connection System Change is required to comply with any government requirement In clause 7.1.6, Maximum Contribution means: (a) $30,000 plus GST for each Network Connection System Change made on or before 31 March 2015; and for each Network Connection System Change made in a subsequent Year of the Term from 1 April 2015, the Maximum Contribution for the previous Year increased by the CPI Change Data Connection System Changes: This clause 7.2 applies if a party ( Party A ) wishes to make a Data Connection System Change that is reasonably likely to affect the other party s ( Party B s ) Interface Assets or use of the Link: Party A will provide at least six months notice to Party B of the Data Connection System Change Party A will consult with Party B about the Data Connection System Change Party A and Party B will endeavour to agree on the timing and process for the Data Connection System Change. Neither party will unreasonably withhold its agreement If the Data Connection System Change is likely to require Party B to make changes to its Interface Assets, the parties will endeavour to agree the allocation of the direct costs of those changes between Party A and Party B. Neither party will unreasonably withhold its agreement Subject to any agreement between the parties under clause or 7.2.4: (a) Party A may make the Data Connection System Change after the expiry of the notice period referred to in clause 7.2.1; Party A and Party B will each bear their own costs of the Data Connection System Change, including (in the case of Party B) the costs of any changes Party B is required to make to its Interface Assets as a result of the Data Connection System Change; and (c) if the Data Connection System Change results in an Incompatibility Situation, Party B may terminate this Agreement for the affected Sites. 8. PAYMENTS 8.1. Customer to Pay ICCP Fees: The Customer must pay Transpower the ICCP Fees Customer Payments: The Customer will pay: Page 9

10 the ICCP Fees; and all costs incurred by Transpower for which the Customer is liable under clause 7, within 20 Business Days of Transpower issuing to the Customer a valid GST invoice for those amounts Payment of ICCP Fees: Subject to clause 8.2, the ICCP Fees are payable annually in advance on each 1 April during the Term, provided that: the first ICCP Fee for a Site is payable on the first 1 April following the Link Commissioning Date; and the first ICCP Fee for the Site will include a pro rata amount in arrears from the Link Commissioning Date to the first 31 March after it Transpower Payments: Transpower will pay all costs incurred by the Customer for which Transpower is liable under clause 7 within 20 Business Days of the Customer issuing to Transpower a valid GST invoice for those amounts. 9. LINK PKI 9.1. Customer Obligations: The Customer must: ensure that all information it provides to a registration authority under the Link PKI is complete and accurate; immediately notify Transpower if the Customer knows or suspects that any information it provided to a registration authority under the Link PKI was not complete and accurate; take all reasonable measures to keep its Private Key secure at all times and to prevent its loss, disclosure, modification or unauthorised use; not provide its Private Key to any other person; immediately notify Transpower if the Customer knows of or suspects any loss (including theft), disclosure, modification or unauthorised use of its Private Key; and not use its Private Key after the termination of this Agreement Customer Acknowledgements: The Customer acknowledges that: unless the Customer has notified Transpower under clause 9.1, any use of the Customer s Private Key is deemed to be use of the Private Key by the Customer; and Transpower may at any time suspend or revoke the Customer s certification under the Link PKI, whether or not the Customer has notified Transpower under clause or 9.1.5, if: (a) 10. CONFIDENTIALITY Transpower knows or suspects that a circumstance referred to in clause or has occurred; or this Agreement is terminated General Confidentiality: Clause 22 of the Current Transmission Agreement (with necessary changes for context) applies to the confidentiality (or otherwise) of: the Data; the terms of this Agreement; and all other information of a secret, confidential or proprietary nature concerning the business, affairs or arrangements of the other party Page 10

11 that is not otherwise in the public domain and that comes into the first party s knowledge or possession as a result of the negotiation or performance of this Agreement [Exception for Offers: Despite clause 10.1 of this Agreement and clause 22 of the Current Transmission Agreement, a party may disclose any of the information described in clause 10.1 to a lawyer, accountant or any other professional advisor of that party, and in the case of the Customer: to any person (and their professional advisors) who may Offer securities issued, and/or to be issued, by the Customer; or to any person in connection with any Offer of securities issued, and/or to be issued, by the Customer, whether the Offer is by the Customer, the Crown or any other person, where, in this clause 10.2, Offer has the meaning given to that term in section 2(1) of the Securities Act 1978.] 11. EXCLUSION OF LIABILITY Mutual Exclusion: A party will not be liable to the other party for any loss or damage suffered by the other party or a third party as a result of: any Outage; any Tier 2 Data being incomplete, inaccurate or incorrect in any respect; the first party failing to provide any Tier 2 Data at all or in accordance with the Data Plan or Related Data Agreement; or any use by the other party of the Tier 2 Data provided by the first party, provided that this clause does not exclude or limit either party s liability under the Electricity Industry Act 2010 or the Electricity Industry (Enforcement) Regulations 2010 to the extent any such circumstance constitutes a breach of the Code Link PKI Exclusion: Without limiting clause 11.1, Transpower will not be liable to the Customer for any loss or damage suffered by the Customer or a third party in connection with the use, provision or non-provision of the Link PKI which loss or damage does not arise from Transpower s wilful misconduct or negligence in its capacity as certification authority or registration authority, provided that this clause does not exclude or limit Transpower s liability under the Electricity Industry Act 2010 or the Electricity Industry (Enforcement) Regulations 2010 to the extent any such circumstance constitutes a breach of the Code. 12. RELATIONSHIP WITH TRANSMISSION AGREEMENT Conflict: Unless otherwise expressly stated in this Agreement, if there is any inconsistency between this Agreement and the Current Transmission Agreement, the Current Transmission Agreement will prevail. Nothing in this Agreement has effect as a variation to the Current Transmission Agreement or a waiver of any of the parties rights or obligations under the Current Transmission Agreement Disputes: Clause 21 of the Current Transmission Agreement (with necessary variations for context) applies to any dispute between the parties under or in connection with this Agreement Force Majeure: Clause 13 of the Current Transmission Agreement (with necessary variations for context) applies to any force majeure event affecting a party in respect of its obligations under this Agreement. Page 11

12 12.4. Liability: Clause 20 of the Current Transmission Agreement (with necessary variations for context and subject to clauses 7 and 11 of this Agreement) applies to each party s liability under or in connection with this Agreement Notices: Clause 25 of the Current Transmission Agreement (with necessary variations for context) applies to any notices given by one party to the other under this Agreement. 13. GENERAL Variations: No variation to this Agreement will be effective unless it is in writing and signed by authorised representatives of both parties Severability: If any provision of this Agreement is invalid, illegal or unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will continue in full force and effect as if the severed provision had never been included Waiver: Any waiver by either party of any of its rights or remedies under or in connection with this Agreement will be effective only if it is in writing and signed by an authorised representative of that party Entire Agreement: This Agreement is the whole and only agreement between the parties relating to the Link and Data, and supersedes and replaces all prior negotiations, undertakings, arrangements and agreements between the parties in relation to the Link and Data. Each party acknowledges that it has not been induced to enter into this Agreement by any representation made by or on behalf of the other party that is not repeated in this Agreement. Page 12

13 SIGNED for Transpower New Zealand Limited by authorised person(s): Name(s): Position(s): Date: SIGNED for <%#TradingName%> by authorised person(s): Name(s): Position(s): Date: Page 13

14 SCHEDULE 1 INTERFACE ASSETS SCHEDULE 1 INTERFACE ASSETS Figure 1: ICCP Data Transmission Managed Service Boundary Page 14

15 SCHEDULE 2 CUSTOMER ENVIRONMENT SCHEDULE 2 CUSTOMER ENVIRONMENT Note: Each customer will have their own data and details populated as part of their individual agreements. Item Requirement Customer Details Agreement Site Locations Physical Locations for Transpower to install Transpower s interface Assets. [Enter customer-specific agreed number of interface points] [Building Locations and Street Addresses] [Panel Identification / Location within Buildings] [Site Contact Person s Name and Contact Details] Routine Service Access Fault Callout Service Access Space Requirements Power Supplies Cable Access Routes Access arrangements for planned routine service by Transpower s service provider. Access arrangements for fault callout service by Transpower s service provider. Physical space requirements for Transpower s interface assets on customer sites. Customer shall provide power supply to Transpower s interface assets on customer sites. [Enter power supply requirements; voltage, ac/dc, rating, availability requirements & other requirements] The customer must agree the connection route for the structured cabling that will connect Transpower s interface assets to the service provider s network beyond the boundary of the customer premises. [Enter agreed arrangements for each site] [Enter agreed arrangements for each site] [Rack space or other; number of rack units required; any other physical requirements for equipment space, physical security, and access to Transpower s interface assets] [Enter agreed power supply to be provided by customer at each site] [Enter agreed routes, reference drawings if appropriate] Connection to Customer s Network The customer shall provide for local physical connection from Transpower s interface assets on the customer sites to their local WAN/LAN services required for ICCP data transfer. Connection shall be [specify connection type]. [Enter agreed physical connection information] [Enter any agreed network routing/addressing requirements] Page 15

16 SCHEDULE 2 CUSTOMER ENVIRONMENT Item Requirement Customer Details Agreement Seismic Standards Customer-provided equipment panels used to host the Transpower Interface Assets should be fixed using standard seismic restraining methods and as a minimum should meet Transpower standards as specified. Refer to Transpower controlled documents: TP.DP for Panel, Junction Box and Cabling design TP.CP for Panel, Junction Box and Cabling installation. Transpower wants to ensure that any environment outside of its direct facilities management control provides an acceptable level of seismic restraint for installation of equipment owned by Transpower. Transpower site installation contractor will review customer site details and recommend any changes required to improve seismic withstand. Electromagnetic Compatibility Customer equipment connected to Transpower interface assets should conform to Transpower controlled document TP.PP Electromagnetic Compatibility and Mechanical Requirements for Secondary Equipment. Transpower wants to ensure that any equipment deployed to premises outside of its direct facilities management control is able to withstand electromagnetic interference to the same standard as it would expect in a Transpower substation environment. Transpower site installation contractor will review customer site details and recommend any changes required to improve electromagnetic compatibility. Page 16

17 SCHEDULE 3 ICCP SERVICE LEVEL AGREEMENT SCHEDULE 3 ICCP SERVICE LEVEL AGREEMENT 1. The overall Link will be nominally available for use on a 24/7 basis. 2. However, it is anticipated that the Link will be subject to both planned and unplanned outages. Transpower s target service levels for Link availability are as follows: Service Area Availability Performance Target* Down Time (%)* Down Time (hrs p.a.)* Overall Link 99.88% Transpower SCADA System Managed ICCP WAN (one.govt) 99.90% % Maximum Time Per Outage 90% less than 2 hrs 90% less than 2 hrs 90% less than 2 hrs * Excluding planned outages and down time caused by faults with Customer equipment. 3. The Link will be treated as a critical system. The response target for Transpower s IST support teams will be to acknowledge and commence analysis of a fault within 15 minutes from the time of a call. 4. The method of measuring availability of the Link will be 8 second send-and-response heartbeat signals. 5. The heartbeat signals will be measured: (a) (c) for the overall Link, from the Transpower ICCP Server to the Customer ICCP Server; for the Transpower SCADA System, from the Transpower SCADA System to the Transpower ICCP Server; and for the Managed ICCP WAN, between the Transpower Routers. Page 17

18 SCHEDULE 4 CUSTOMER FAULT LOGGING SCHEDULE 4 CUSTOMER FAULT LOGGING The ICCP Service Management model is shown below. This model should be used when logging a fault suspected in the Transpower-supplied ICCP service or equipment within the managed service boundary defined in Schedule 1. When a fault is discovered or suspected in the Transpower ICCP service, the customer should telephone the Transpower Service Desk on The Service Desk is also responsible for escalation within Transpower and should be contacted for progress updates and escalations. <%@ END %> Page 18