By NAVITAIRE. Without prejudice to Section 6.4 of this Agreement or any other provision of this Agreement, and subject to Section 4.12, NAVITAIRE may upgrade, modify and replace the Hosted Services System or any part thereof at any time during the Term of this Agreement, provided that: a) NAVITAIRE notifies Customer at least ***** prior to implementation of any upgrades or replacements of the Hosted Services System which are likely to materially alter the delivery of Hosted Services; b) all upgrades and replacements which might reasonably be expected to materially alter the delivery or receipt of Hosted Services are scheduled for implementation as reasonably required by NAVITAIRE; and c) with introduction of any upgrades or replacements, NAVITAIRE maintains the comparable level of services. Nothing in this Section 7.3.1: (i) releases NAVITAIRE from providing Hosted Services under the terms and conditions of this Agreement; or (ii) obligates NAVITAIRE to upgrade or replace the Hosted Services System at any time. NAVITAIRE shall make available and provide Support Center Support to Customer with respect to the Current Release, or the Current Release “minus one” of NAVITAIRE software included in the Hosted Services System.
Appears in 3 contracts
Samples: Hosted Services Agreement (Frontier Group Holdings, Inc.), Hosted Services Agreement (Frontier Group Holdings, Inc.), Hosted Services Agreement (Frontier Group Holdings, Inc.)
By NAVITAIRE. Without prejudice to Section 6.4 of this Agreement or any other provision of this Agreement, and subject to Section 4.12, NAVITAIRE may upgrade, modify and replace the Hosted Services System or any part thereof at any time during the Term term of this Agreement, provided that:
a) NAVITAIRE notifies Customer at least ***** prior to implementation of any upgrades or replacements of the Hosted Services System which are likely to materially alter the delivery of Hosted Services;
b) all upgrades and replacements which might reasonably be expected to materially alter the delivery or receipt of Hosted Services are scheduled for implementation as reasonably required by NAVITAIRE*****; and
c) with introduction of any upgrades upgrades***** or replacements, NAVITAIRE maintains the comparable level of services. Nothing in this Section 7.3.1: (i) releases NAVITAIRE from providing Hosted Services under the terms and conditions of this Agreement; or (ii) obligates NAVITAIRE to upgrade or replace the Hosted Services System at any time. It is the intention of NAVITAIRE shall to make available and provide Support Center Support to Customer with in respect to the Current Releasemost current version, or the Current Release “minus one” most recent prior release of the current version, of NAVITAIRE software included in the Hosted Services System; however, ***** NAVITAIRE reserves the right to require Customer to utilize the then most current version.
Appears in 2 contracts
Samples: Hosted Services Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Hosted Services Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
By NAVITAIRE. Without prejudice to Section 6.4 of this Agreement or any other provision of this Agreement, and subject to Section 4.12, NAVITAIRE may upgrade, modify and replace the Hosted Services System or any part thereof at any time during the Term term of this Agreement, provided that:
(a) NAVITAIRE notifies Customer at least ***** thirty (30) days prior to implementation of any upgrades or replacements of the Hosted Services System which are is likely to materially alter the delivery of Hosted Services;
(b) all upgrades and replacements which might reasonably be expected to materially alter the delivery or receipt of Hosted Services are scheduled for implementation as reasonably required by NAVITAIRE; and
(c) with introduction of any upgrades or replacements, NAVITAIRE maintains the comparable level of services. Nothing in this Section 7.3.1: (i) releases NAVITAIRE from providing Hosted Services under the terms and conditions of this Agreement; or (ii) obligates NAVITAIRE to upgrade or replace the Hosted Services System at any time. It is the intention of NAVITAIRE shall to make available and provide Support Response Center Support to Customer with in respect to the Current Releasethe most current version, or the Current Release latest version “minus one” ”, of NAVITAIRE any software included in the Hosted Services System, however, NAVITAIRE reserves the right to require Customer to utilize the then most current version.
Appears in 1 contract
Samples: Hosted Services Agreement (Gol Intelligent Airlines Inc.)