Change Order Procedure. Modifications to this Appendix or the quantity of hours or Term stated in an Order, shall be made only in a writing executed by authorized representatives of both parties (“Change Order”). Ansible will have no obligation to commence work in connection with any change until the Fee and/or schedule impact of the change is agreed upon by the parties in such Change Order. Notwithstanding the foregoing, a Change Order is not required for any changes to the quantity of hours set forth in Order or SOW (i.e., a reallocation of the stated number of hours among the various types of Consultants listed), provided that such changes do not exceed the Estimated Total Fee. APPENDIX 3 to the Software Subscription and Services Reseller Agreement (“Agreement”) TRAINING SERVICES The Training Services shall be governed by the terms of the Agreement and this Appendix 3. Capitalized terms not defined in this Appendix 3 have the meanings ascribed to them in the Agreement. OVERVIEW Training Services consist of operation training for Ansible and Tower Software for configuration, deployment and management of you IT infrastructure. The Course Syllabus forms an integral part of this SOW. ORDERS Should Customer wish to purchase Training Services, an Order and/or SOW shall be prepared, in accordance with the terms contained in this Appendix 3 and incorporate the terms of the Agreement. FEES Reseller will pay Ansible the Fees set forth on the Order or SOW for the Training Services. Fees will be invoiced upon execution by both parties of an Order and/or SOW. Fees are exclusive of Taxes and Expenses. Expenses will be billed to Reseller in accordance with the Agreement. Reseller will pay out-of-pocket expenses (“Expenses”), such as travel, lodging, food, transportation, and other expenses incurred by the Consultant associated with work performed. Expenses will be billed to Reseller at least monthly. AVAILABILITY AND LOCATION Unless otherwise agreed by the parties in writing in an Order and/or SOW, Training Services are provided in person with at least one instructor over two (2) consecutive days of eight (8) hours each, at a location and time to be mutually agreed upon in an Order and/or SOW. All Training Services days (or hours) set forth on an Order and/or SOW must be used in consecutive days or calendar weeks, as appropriate, during the term defined on the Order or SOW. If no start date is specified, use of the Training Services in the Order or SOW will commence no later than sixty (60) days from the date of execution of an Order and/or SOW. If no term is stated within an Order and/or SOW the Training Services are to expire six (6) months from the Order and/or SOW effective date. Any unused Training Services shall remain fully owed and shall be considered completed upon the conclusion of the term.
Appears in 2 contracts
Samples: Software Subscription and Services Reseller Agreement, Software Subscription and Services Reseller Agreement
Change Order Procedure. Modifications Upon receipt of a request from FedEx for extra work or changes in the Work that would increase or decrease the Contractor’s Fee or affect the Substantial Completion Date, Contractor shall furnish to this Appendix FedEx a detailed statement of Contractor's proposal for performing the extra work or changes in the quantity of hours or Term stated in an Order, shall be made only in a writing executed by authorized representatives of both parties (“Change Order”). Ansible will have no obligation to commence work in connection with any change until Work and the Fee and/or schedule impact effect of the change is agreed upon by extra work or changes, if any, on the Contractor’s Fee, and the Substantial Completion Date. If FedEx approves in writing Contractor's proposal, the parties in such Change Order. Notwithstanding the foregoing, shall execute a Change Order is not required for after observing any changes to the quantity of hours special conditions set forth in Exhibit C-1, which Change Order or SOW (i.e.will adjust the Contractor’s Fee, and the Substantial Completion Date, as appropriate. If required by FedEx, Contractor shall solicit bids with respect to any work called for in a reallocation of the stated number of hours among the various types of Consultants listed), provided that such changes do not exceed the Estimated Total Fee. APPENDIX 3 to the Software Subscription and Services Reseller Agreement (“Agreement”) TRAINING SERVICES The Training Services shall be governed by the terms of the Agreement and this Appendix 3. Capitalized terms not defined in this Appendix 3 have the meanings ascribed to them in the Agreement. OVERVIEW Training Services consist of operation training for Ansible and Tower Software for configuration, deployment and management of you IT infrastructure. The Course Syllabus forms an integral part of this SOW. ORDERS Should Customer wish to purchase Training Services, an proposed Change Order and/or SOW shall be prepared, in accordance with the terms contained in provisions of this Appendix 3 Agreement and incorporate the other Contract Documents. If the parties fail to agree upon the terms of a Change Order, FedEx may issue a Construction Change Directive to Contractor that directs Contractor to proceed with the Agreementimplementation of all or part of the proposed change that was the subject of that Change Order. FEES Reseller If, at the time of XxxXx’s issuance of a Construction Change Directive or at any subsequent time prior to the parties’ execution of a Change Order with respect to the extra work or change described in the Construction Change Directive, Contractor makes a good faith determination that the parties’ opinions as to the effect that the extra work or change should have on the Contractor’s Fee are more than Dollars ($ .00) apart, Contractor may elect not to proceed with the extra work or change until the parties execute a Change Order with respect to that extra work or change. Contractor will pay Ansible make that election, if at all, by delivering written notice to XxxXx. If, after XxxXx’s issuance of a Construction Change Directive, the Fees parties fail to agree upon the terms of a Change Order covering the extra work or change described in the Construction Change Directive, the parties will use the procedures set forth on in Article 26 to determine the Order or SOW for adjustments in the Training ServicesContractor’s Fee and the Substantial Completion Date to which Contractor is reasonably entitled by virtue of the change in the scope of the Work that FedEx has directed. Fees will be invoiced upon execution by both parties Upon Contractor’s receipt of an Order and/or SOW. Fees are exclusive of Taxes and Expenses. Expenses will be billed to Reseller in accordance a Construction Change Directive that XxxXx has executed, Contractor must promptly proceed with the Agreement. Reseller will pay out-of-pocket expenses (“Expenses”), such as travel, lodging, food, transportation, and other expenses incurred by implementation of the Consultant associated with work performed. Expenses will be billed to Reseller at least monthly. AVAILABILITY AND LOCATION Unless otherwise agreed by proposed change that was the subject of the Change Order upon which the parties failed to agree; Contractor’s failure to execute the Construction Change Directive will not justify any delay on Contractor’s part in writing in an Order and/or SOW, Training Services are provided in person proceeding with at least one instructor over two (2) consecutive days of eight (8) hours each, at a location and time to be mutually agreed upon in an Order and/or SOW. All Training Services days (or hours) set forth on an Order and/or SOW must be used in consecutive days or calendar weeks, as appropriate, during the term defined on the Order or SOW. If no start date is specified, use implementation of the Training Services in the Order or SOW will commence no later than sixty (60) days from the date of execution of an Order and/or SOW. If no term is stated within an Order and/or SOW the Training Services are to expire six (6) months from the Order and/or SOW effective date. Any unused Training Services shall remain fully owed and shall be considered completed upon the conclusion of the termproposed change.
Appears in 1 contract
Samples: Construction Agreement
Change Order Procedure. Modifications If either party believes that a change in a Procurement Document, Implementation Workplan, project or other development effort (whether in time frames, costs or deliverables) is necessary or desirable, such party shall submit a written change request to the other (a "CHANGE REQUEST"). Lucent shall not charge Allegiance a fee for de minimis change orders that occur with respect to a particular Product installation, project or other development effort; provided that the determination of whether a change order is "de minimis" in nature shall be made with respect to the entirety of such Product installation, project or other development effort. Accordingly, if Change Requests are made, they will be presumed not to impact the fees under this Appendix Agreement; provided, however, that if the Change Request consists of other than a de minimis deviation from the scope of the Product installation, project or other development effort, Lucent shall provide Allegiance with written notification of such other deviation within five (5) business days after receipt of the quantity of hours or Term stated Change Request. If agreed to by Allegiance, a change in an Orderthe fee, if any, shall be made only made. If Allegiance initiated the Change Request, within five (5) business days of Lucent's receipt of such Change Request, Lucent shall provide to Allegiance a written statement describing in detail: (a) the impact on the performance of the Product, project or other development effort, if any, and the modifications to the Product, project or other development effort that will be required as a writing executed by authorized representatives result of both parties the Change Request including, without limitation, changes in the Products and Services; (“b) the effect of the Change Order”Request on the applicable Implementation Workplan, project or other development effort including any impact on any Critical Path Milestone dates; and (c) an estimate of the cost to implement each Change Request (collectively, the "CHANGE RESPONSE"). Ansible will have no obligation If Lucent submits a Change Request to commence work in connection with any change until the Fee and/or schedule impact of the change is agreed upon by the parties in Allegiance, such Change Order. Notwithstanding Request shall include the foregoing, information required for a Change Order is not required for Response. Allegiance shall accept or reject any changes to the quantity Change Response or Lucent-initiated Change Request, as applicable, within ten (10) business days after receipt of hours set forth same from Lucent. If Allegiance accepts a Change Response or Lucent-initiated Change Request in Order writing, such Change Response, together with Allegiance's Change Request or SOW (i.e.such Lucent-initiated Change Request, a reallocation of the stated number of hours among the various types of Consultants listed), provided that such changes do not exceed the Estimated Total Fee. APPENDIX 3 to the Software Subscription and Services Reseller Agreement (“Agreement”) TRAINING SERVICES The Training Services shall be governed by the terms of the Agreement deemed to be a "CHANGE ORDER" and this Appendix 3. Capitalized terms not defined in this Appendix 3 have the meanings ascribed to them in the Agreement. OVERVIEW Training Services consist of operation training for Ansible and Tower Software for configuration, deployment and management of you IT infrastructure. The Course Syllabus forms an integral shall become part of this SOW. ORDERS Should Customer wish to purchase Training Services, an Order and/or SOW shall be prepared, in accordance with Agreement and the terms contained in this Appendix 3 and incorporate the terms applicable Product Addendum or Statement of the Agreement. FEES Reseller will pay Ansible the Fees set forth on the Order or SOW for the Training Services. Fees will be invoiced upon execution by both parties of an Order and/or SOW. Fees are exclusive of Taxes and Expenses. Expenses will be billed to Reseller in accordance with the Agreement. Reseller will pay out-of-pocket expenses (“Expenses”), such as travel, lodging, food, transportation, and other expenses incurred by the Consultant associated with work performed. Expenses will be billed to Reseller at least monthly. AVAILABILITY AND LOCATION Unless otherwise agreed by the parties in writing in an Order and/or SOW, Training Services are provided in person with at least one instructor over two (2) consecutive days of eight (8) hours each, at a location and time to be mutually agreed upon in an Order and/or SOW. All Training Services days (or hours) set forth on an Order and/or SOW must be used in consecutive days or calendar weeks, as appropriate, during the term defined on the Order or SOWWork. If no start date is specified, use of the Training Services Allegiance rejects Lucent's Change Response or Lucent-initiated Change Request or fails to respond to Lucent in the time frame identified above, Lucent shall proceed to fulfill its obligations under this Agreement and the applicable Procurement Document. The parties may agree to different Change Order procedures pursuant to a Product Addendum or SOW will commence no later than sixty (60) days from the date Statement of execution of an Order and/or SOW. If no term is stated within an Order and/or SOW the Training Services are to expire six (6) months from the Order and/or SOW effective date. Any unused Training Services shall remain fully owed and shall be considered completed upon the conclusion of the termWork.
Appears in 1 contract
Samples: Master Procurement Agreement (Allegiance Telecom Inc)
Change Order Procedure. Modifications to this Appendix or the quantity of hours or Term stated in an Order, shall be made only in a writing executed by authorized representatives of both parties (“Change Order”). Ansible will have no obligation to commence work in connection with any change until the Fee and/or schedule impact of the change is agreed upon by the parties in such Change Order. Notwithstanding the foregoing, a Change Order is not required for any changes to the quantity of hours set forth in Order or SOW (i.e., a reallocation of the stated number of hours among the various types of Consultants listed), provided that such changes do not exceed the Estimated Total Fee. APPENDIX 3 to the Software Subscription and Services Reseller Agreement (“Agreement”) TRAINING SERVICES The Training Services shall be governed by the terms of the Agreement and this Appendix 3. Capitalized terms not defined in this Appendix 3 have the meanings ascribed to them in the Agreement. OVERVIEW Training Services consist of operation training for Ansible and Tower Software for configuration, deployment and management of you IT infrastructure. The Course Syllabus forms an integral part of this SOW. ORDERS Should Customer wish to purchase Training Services, an Order and/or SOW shall be prepared, in accordance with the terms contained in this Appendix 3 and incorporate the terms of the Agreement. FEES Reseller Customer will pay Ansible the Fees set forth on the Order or SOW for the Training Services. Fees will be invoiced upon execution by both parties of an Order and/or SOW. Fees are exclusive of Taxes and Expenses. Expenses will be billed to Reseller Customer in accordance with the Agreement. Reseller Customer will pay out-of-pocket expenses (“Expenses”), such as travel, lodging, food, transportation, and other expenses incurred by the Consultant associated with work performed. Expenses will be billed to Reseller Customer at least monthly. AVAILABILITY AND LOCATION Unless otherwise agreed by the parties in writing in an Order and/or SOW, Training Services are provided in person with at least one instructor over two (2) consecutive days of eight (8) hours each, at a location and time to be mutually agreed upon in an Order and/or SOW. All Training Services days (or hours) set forth on an Order and/or SOW must be used in consecutive days or calendar weeks, as appropriate, during the term defined on the Order or SOW. If no start date is specified, use of the Training Services in the Order or SOW will commence no later than sixty (60) days from the date of execution of an Order and/or SOW. If no term is stated within an Order and/or SOW the Training Services are to expire six (6) months from the Order and/or SOW effective date. Any unused Training Services shall remain fully owed and shall be considered completed upon the conclusion of the term.
Appears in 1 contract
Samples: Software Subscription and Services Reseller Agreement
Change Order Procedure. Modifications to this Appendix or the quantity of hours or Term stated in an Order, shall be made only in a writing executed by authorized representatives of both parties (“Change Order”). Ansible will have no obligation to commence work in connection with any change until the Fee and/or schedule impact of the change is agreed upon by the parties in such Change Order. Notwithstanding the foregoing, a Change Order is not required for any changes to the quantity of hours set forth in Order or SOW (i.e., a reallocation of the stated number of hours among the various types of Consultants listed), provided that such changes do not exceed the Estimated Total Fee. APPENDIX 3 to the Software Subscription and Services Reseller Agreement (“Agreement”) TRAINING SERVICES The Training Services shall be governed by the terms of the Agreement and this Appendix 3. Capitalized terms not defined in this Appendix 3 have the meanings ascribed to them in the Agreement. OVERVIEW Training Services consist of operation training for Ansible and Tower Software for configuration, deployment and management of you IT infrastructure. The Course Syllabus forms an integral part of this SOW. ORDERS Should Customer wish to purchase Training Services, an Order and/or or SOW shall be prepared, in accordance with the terms contained in this Appendix 3 and incorporate the terms of the Agreement. FEES Reseller Customer will pay Ansible the Fees set forth on the Order or SOW for the Training Services. Fees will be invoiced upon execution by both parties of an Order and/or or SOW. Fees are exclusive of Taxes and Expenses. Expenses will be billed to Reseller Client in accordance with the Agreement. Reseller Client will pay out-of-pocket expenses (“Expenses”), such as travel, lodging, food, transportation, and other expenses incurred by the Consultant associated with work performed. Expenses will be billed to Reseller Client at least monthly. AVAILABILITY AND LOCATION Unless otherwise agreed by the parties in writing in an Order and/or or a SOW, Training Services are provided in person with at least one instructor over two (2) consecutive days of eight (8) hours each, at a location and time to be mutually agreed upon in an Order and/or SOW. All Training Services days (or hours) set forth on an Order and/or SOW must be used in consecutive days or calendar weeks, as appropriate, during the term defined on the Order or SOW. If no start date is specified, use of the Training Services in the Order or SOW will commence no later than sixty (60) days from the date of execution of an Order and/or SOW. If no term is stated within an Order and/or SOW the Training Services are to expire six (6) months from the Order and/or SOW effective date. Any unused Training Services shall remain fully owed and shall be considered completed upon the conclusion of the term.SOW.CUSTOMER COMMITMENTS
Appears in 1 contract
Samples: Software Subscription and Services Reseller Agreement