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 giving you 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, renewals, and on-going transactions that do not expire. For on-going transactions with a defined renewable contract period, you may request that IBM defer the change effective date until the end of the current contract period if 1) the change affects your current contract period and 2) you consider the change unfavorable. Changes to charges will be implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any written communication from you (such as an order) are void.

Appears in 3 contracts

Samples: Customer Agreement, Customer Agreement (Exa Corp), Ibm Agreement for Services Including Maintenance

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Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, IBM may change the terms of this Agreement by giving you 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, renewals, and on-going transactions that do not expire. For on-going transactions with a defined renewable contract period, you may request that IBM defer the change effective date until the end of the current contract period if 1) the change affects your current contract period and 2) you consider the change unfavorable. Changes to charges will be implemented as described in the Charges and Payment section above. Notwithstanding any of the above, any such change to the terms of this agreement which IBM makes requires your consent, which you will not unreasonably withhold. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any written communication from you (such as an order) are void.

Appears in 1 contract

Samples: Customer Agreement (Nuvasive Inc)

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Changes to the Agreement Terms. In order to maintain flexibility in our business relationship, relationship IBM may change the terms of this Agreement by giving you 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, renewals, and on-going transactions that do not expire. For on-going transactions with a defined renewable contract period, you may request that IBM defer the change effective date until the end of the current contract period if 1) the change affects your current contract period and 2) you consider the change unfavorable. Changes to charges will be implemented as described in the Charges and Payment section above. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any written communication from you (such as an order) are void.

Appears in 1 contract

Samples: Master Agreement for Services

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