Common use of Corrections and Enhancements Clause in Contracts

Corrections and Enhancements. 12.5.1 Corrections must be provided to the Department at no cost and without the need for a Change Order. Contractor will deliver updated System Documentation to reflect the Correction delivered. Contractor must provide Confirmation that each such Correction has been tested and performs according to the Specifications. Contractor agrees to correct corrupted Data that may result from any Deficiency or introduced by the Correction. 12.5.2 Contractor must also provide the Department with all Enhancement and associated Documentation that are provided as general releases to the Software, in whole or in part, or integrate such Enhancement into the Hosting Services, as applicable, at no additional cost. Contractor must pre-test each such Enhancement general release and give a Confirmation that it performs according to the Specifications as modified by written agreement of the parties. Contractor agrees to correct corrupted Data that may result from any Deficiency introduced by the Enhancement. The Enhancements referenced in Section 12.5.2 are provided at no cost, such as the Corrections in Section 12.5.1. 12.5.3 Contractor must produce Custom Software Enhancements as the Department requests in accordance with the Change Order process described herein. The Department will entertain requests from Contractor to license the Custom Software and Custom Software Enhancements that Contractor has developed for the Department under this Contract to other states or for Contractor to sublicense such Custom Software and Custom Software Enhancements to other states and the Department will decide in the Department’s sole discretion whether to grant any such licenses. Further, such licenses will be subject to mutual agreement on applicable terms and conditions. Contractor must correct any Deficiency at no cost and without the need for a Change Order. 12.5.4 If Contractor develops a new Function for its System for another state, and if Contractor has rights to make it available to the Department for the Department’s use, Contractor will make available the new Function to the Department at no additional cost for the function. However, Contractor may charge the Department to customize, configure and implement the Function for the Department’s specific version of the System. Or, the Department could use System Enhancement pool hours to customize, configure and implement such Function for the Department. If new functionality for the System must be developed for multiple states and is core to multiple customers, Contractor will develop such functionality and allocate the cost for such functionality fairly and reasonably between the Department and the other states receiving or using the functionality, and the Department would pay for work specifically for the Department as described above. Contractor must pre-test each function and give a Confirmation that it performs according to the Specifications as modified by written agreement of the parties. Contractor agrees to correct corrupted Data that may result from any Deficiency introduced by the Function.

Corrections and Enhancements. 12.5.1 Corrections must be provided to the Department at no cost and without the need for a Change Order. Contractor will deliver updated System Documentation to reflect the Correction delivered. Contractor must provide Confirmation that each such Correction has been tested and performs according to the Specifications. Contractor agrees to correct corrupted Data that may result from any Deficiency or introduced by the Correction. 12.5.2 Contractor must also provide the Department with all Enhancement and associated Documentation that are provided as general releases to the Software, in whole or in part, or integrate such Enhancement into the Hosting Services, as applicable, at no additional cost. Contractor must pre-test each such Enhancement general release and give a Confirmation that it performs according to the Specifications as modified by written agreement of the parties. Contractor agrees to correct corrupted Data that may result from any Deficiency introduced by the Enhancement. The Enhancements referenced in Section 12.5.2 are provided at no cost, such as like the Corrections in Section 12.5.1. 12.5.3 Contractor must produce Custom Software Enhancements as the Department requests in accordance with the Change Order process described herein. The Department will entertain requests from Contractor to license the Custom Software and Custom Software Enhancements that Contractor has developed for the Department under this Contract to other states or for Contractor to sublicense such Custom Software and Custom Software Enhancements to other states and the Department will decide in the Department’s sole discretion whether to grant any such licenses. Further, such licenses will be subject to mutual agreement on applicable terms and conditions. Contractor must correct any Deficiency at no cost and without the need for a Change Order. 12.5.4 If Contractor develops a new Function for its System for another state, and if Contractor has rights to make it available to the Department for the Department’s use, Contractor will make available the new Function to the Department at no additional cost for the function. However, Contractor may charge the Department to customize, configure and implement the Function for the Department’s specific version of the System. Or, the Department could use System Enhancement pool hours to customize, configure and implement such Function for the Department. If new functionality for the System must be developed for multiple states and is core to multiple customers, Contractor will develop such functionality and allocate the cost for such functionality fairly and reasonably between the Department and the other states receiving or using the functionality, and the Department would will pay for work specifically for the Department as described above. Contractor must pre-test each function and give a Confirmation that it performs according to the Specifications as modified by written agreement of the parties. Contractor agrees to correct corrupted Data that may result from any Deficiency introduced by the Function.