Deemed In-Scope Work Orders. Notwithstanding anything to the contrary provided herein or elsewhere in this Agreement, if (a) the Client at any time during the Term requests services, products, or resources from Vendor which the Client reasonably believes to be within the scope of the Services and the Fees set forth in Schedule 3, and the Parties cannot agree as to whether such services, products, or resources are within the scope of the Services, and (b) the financial impact on Vendor of satisfying such request is less than Ten Thousand Dollars ($10,000.00), then to the extent that the cumulative and aggregate amount of all such services, products, or resources so provided does not result in a financial impact on Vendor in excess of Forty Thousand Dollars ($40,000.00) during any Contract Year: (i) such failure to agree shall not be deemed a Disagreement; (ii) such request shall be deemed an In-Scope Work Order; and (iii) all such services, products, or resources shall be provided to the Client by Vendor in accordance with such In-Scope Work Order and the terms of this Agreement.
Deemed In-Scope Work Orders. (a) With the exception of Services provided under the Application Development and Maintenance Services as Vendor Blended Hourly Rates, should the County have an incidental requirement that would not require special management, such as a dedicated project manager, on the part of the Vendor and that requirement can be met through the use of existing work capacity and technical skill sets of the existing Vendor staff without impacting the Vendor's ability to meet the Vendor's obligations under this Agreement or the County is prepared to provide the Vendor relief from such obligations and/or extend the time period for the performance of the requirement to such an extent that it allows the Vendor to use the existing work capacity of the existing staff then the requirement shall be considered a component of the Services and the Vendor shall provide that requirement for no additional charge to the County. Any such agreement shall be by mutual agreement of the Parties and shall be documented as an In-Scope Work Order with clear definition of time periods, deliverables, obligation relief of the Vendor, and constraints, as applicable.
Deemed In-Scope Work Orders. Notwithstanding anything to the contrary provided herein or elsewhere in this Agreement, if (a) Client at any time during the Term requests services, products, or resources from Provider which Client reasonably believes to be within the scope of the Services and the Fees set forth in Schedule 3, and the Parties cannot agree as to whether such services, products, or resources are within the scope of the Services, and (b) the financial impact on Provider of satisfying such request is less than Twenty-Five Thousand Dollars ($25,000.00), then to the extent that the cumulative and aggregate amount of all such services, products, or resources so provided does not result in a financial impact on Provider in excess of One Hundred Twenty-Five Thousand Dollars ($125,000.00) during any Contract Year, Provider shall absorb the cost to provide such Service request, and such Services will be deemed an In Scope Work Order.
