Customer Enhancements. In the event that Customer requests any future enhancements of the ES&S Hardware and/or ES&S Software (“Enhancements”), such requests shall be submitted in writing to ES&S. ES&S will evaluate each of the Enhancements to determine if any of such Enhancements are technologically feasible, commercially reasonable and consistent with ES&S’s security protocol and procedures. In the event that ES&S determines that any of such Enhancements meet the foregoing requirements, then ES&S shall prepare a scope of work which shall include an estimated timeline and the estimated costs for design, development, testing, certification and implementation of such Enhancements (the “SOW”). ES&S shall provide the SOW to Customer for review and written approval. After ES&S’s receipt of written approval of the SOW by Xxxxxxxx, ES&S shall prepare a written change order for Customer’s execution. ES&S shall solely own and retain any and all intellectual proprietary rights in any Enhancements developed and provided to Customer.
Customer Enhancements. Customer Enhancements shall be restricted as follows:
Customer Enhancements. The annuai Maintenance and Support Fee may be further increased by agreement of the Parties with respect to (a) maintenance and support of End User-$peciflC Customer Enhancements requested by End User and (b) material functional enhancements contained in new Version Releases that are not merely technK:al improvements. updates, extensions andlor maintenance changes to the Licensed Software. End User will have the option to accept or decline any such material functional enhancement that would resull in an increase in the Maintenance and Support Fee without affecting End User's entitlement to receive the remainder of any Ven;ion Release in which such enhancement is offered.
