AETHER'S CHANGES AND UPGRADES Sample Clauses

AETHER'S CHANGES AND UPGRADES. During the term of this Agreement and so long as payments are current, Schwab will be entitled, without charge, to all enhancements and changes to a Wireless System subject to this Agreement developed and offered by Aether independently for such Wireless System when and if made commercially available by Aether. In connection with such enhancements or changes, the functionality or performance of a Wireless System may be modified, including a conversion of its then existing software to a new version with new and/or enhanced software features. In the event of such a conversion, the parties agree that: (a) the new features will include at least the same level of functionality that Schwab previously received from Aether; (b) Schwxx'x xxxment obligations will remain unchanged during the then remaining term of this Agreement notwithstanding such a change or modification; and (c) Schwab shall be provided at least thirty (30) days in advance of any such changes, notice and a demonstration of such changes. If Schwab reasonably perceives such advanced demonstration to reveal a material adverse change to the performance of an applicable Wireless System or type of services to be provided by Aether or a material adverse effect on the compatibility with Schwab or the applicable end users' hardware, software or browser configurations, then Schwab may, in its sole and absolute discretion, reject such proposed changes or modifications, and Aether will continue to maintain and support the then-existing version of the applicable Wireless System for the remainder of this Agreement. In the event that Schwab does not reject the proposed change or modification, Aether represents, warrants and covenants that, with respect to matters under Aether's sole control, any such conversion of the Wireless System or its features will not cause: (a) any material delay or interruption of performance; (b) material loss or corruption of data; or (c) material incompatibilities with any software or hardware with which the applicable Wireless System is to be provided or used, including, but not limited to, (1) encryption or other security-related systems provided by third parties; and (2) any portion of Schwxx'x xx the applicable end users' hardware, software, or browser configurations. Without limiting the foregoing, with respect to each major upgrade or new version of a Wireless System, Aether shall provide to Schwab, upon Schwxx'x xxxsonable request, such onsite professional services during nor...
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Related to AETHER'S CHANGES AND UPGRADES

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  • Amendments, Changes and Modifications This Agreement may be amended, changed, modified, altered or terminated only by written instrument or written instruments signed by all of the parties hereto.

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