Equipment Growth. Upon the anniversary of each contract year during the term of this contract, upon the applicable Eligible User‘s request, Service Provider will prepare an amendment to the applicable Recovery Services agreement, increasing the contracted-for MIPS, memory and or disk capacity contracted for on the applicable Recovery Services agreement as of its Commencement Date, by up to ten percent (10%), at no additional Monthly Fee. Such increase in contracted capacity shall be cumulative, if capacity is not utilized in a prior contract year(s), but is subject to availability in Service Provider‘s then installed inventory, and shall become effective upon the execution amendment to the applicable Recovery Service agreement. If an Eligible User‘s requested increase is above their available growth percentage, Service Provider will guarantee any applicable price increase is not greater in overall percentage than that of the difference (i.e. 10% free growth available, need 15%, the applicable overall monthly price increase will not exceed 5%).
