Additional Increase in Charges Clause Samples

Additional Increase in Charges. In addition to rate increases associated with Revisions as set forth above, a change in the manner in which Quantum IT Group delivers Services to Customer may result in an increase in rates for those Services. Also, if a portion of the Services requires third party construction or other infrastructure, additional third party charges may apply. If Quantum IT Group cannot deliver Services to Customer at the rates it has agreed to pay because of the cost of the technology used or additional third party costs required to deliver the Services, including an acceptable profit margin, Quantum IT Group will notify Customer in writing before any change in the technology is used and seek Customer’s consent to a change in the rates or additional charge of the affected Service. Quantum IT Group may delay the installation of any change in technology until Customer has responded to the increased rate or additional charge. If Customer does not notify Quantum IT Group in writing of Customer’s refusal to consent to the increased rate within five (5) business days after receipt of notice from Quantum IT Group of such increase, Customer will be deemed to have consented to the increase in rate or additional charge. If Customer objects to such increase or charge within five (5) business days, either party may terminate the affected Service on written notice without further obligation beyond the date of termination, including for termination charges. Customer’s right to terminate will be its sole and exclusive remedy for Quantum IT Group’s failure to provide the terminated Services.