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Common use of Changes to the Agreement Terms Clause in Contracts

Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 11 contracts

Samples: Ibm Customer Agreement, Ibm Customer Agreement, Ibm Customer Agreement

Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services Programs after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 4 contracts

Samples: Ibm Agreement for Programs, Ibm Agreement for Programs, Ibm Agreement for Programs

Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 3 contracts

Samples: Services Agreement, Ibm Agreement for Services Excluding Maintenance, Ibm Agreement for Services Excluding Maintenance

Changes to the Agreement Terms. In order to maintain flexibility in our business relationshiprelationship between Parties, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 2 contracts

Samples: Commercial Terms Agreement, Ibm Commercial Terms for Programs

Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 2 contracts

Samples: Ibm Agreement for Machines, Ibm Agreement for Machines

Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. period Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services Machines after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 2 contracts

Samples: Ibm Agreement for Machines, Ibm Agreement for Machines

Changes to the Agreement Terms. In order to maintain flexibility in our business relationshiprelationship between Parties, IBM may change the terms of this Agreement by providing Customer at least three months’ written notice. However, these changes are not retroactive. They apply, as of the effective date IBM specifies in the notice, only to new orders, on-going transactions that do not expire, and transactions with a defined renewable contract period. For transactions with a defined renewable contract period, Customer may request that IBM defer the change effective date until the end of the current contract period. Customer acknowledges its agreement to have these changes apply for such transactions by i) placing new orders for Products or Services after the change effective date, ii) failing to request that the change effective date be deferred until the start of the next renewal period, iii) allowing transactions to renew after receipt of the change notice, or iv) failing to terminate non-expiring transactions prior to the change effective date. Changes to charges are implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both parties must sign it.

Appears in 1 contract

Samples: Ibm Commercial Terms for Services