Common use of Customer Enhancements Clause in Contracts

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.