Equipment Implementation and Refresh Clause Samples

Equipment Implementation and Refresh. Supplier shall be fully responsible for the implementation of new Equipment in the ordinary course of Technological Evolution, provided that the foregoing shall not be interpreted to require Supplier to refresh Equipment at a rate that is faster than the rate specified in the applicable Supplement for such Equipment. Supplier shall refresh all Equipment in accordance with Kraft’s refresh strategies, as set out in the Technology Plan, and as necessary to provide the Services in accordance with the Service Levels and satisfy its other obligations under this Agreement. If Supplier is aware that these strategies differ from generally accepted practice (or there are any other areas of concern in relation to such strategies) it shall provide Kraft with notice of that fact and, upon request, provide Kraft with further information as to how to more closely align the strategies with generally accepted practice. Kraft shall have the right to waive refresh of Equipment under its control. If Kraft does waive refresh of Equipment under its control, Supplier will work with Kraft to assess and address any impact on Supplier’s support costs consistent with Section 11.2. Supplier’s failure to meet the Service Levels shall be excused if and to the extent such failure is attributable to Kraft’s waiver of Equipment refresh but only if: (i) Supplier notifies Kraft prior to its final decision that Supplier will not be able, using commercially reasonable efforts, to meet such Service Levels under such circumstances; (ii) Supplier identifies and considers commercially reasonable alternatives available to address and avoid the impending performance failure; and (iii) Supplier uses commercially reasonable efforts, without additional cost to Supplier, to meet such Service Levels notwithstanding Kraft’s rejection of or insistence on waiving such Equipment refresh.

Equipment Implementation and Refresh. Subject to the Section 9.14(i), Attachment 4-B of any applicable Subscription Agreement, Service Description or Statement of Work, Supplier shall be fully responsible for the implementation of new Equipment in the ordinary course of Technology and Business Process Evolution. Supplier shall refresh all Equipment in accordance with the defined refresh strategies, as set out in the Technology and Business Process Plan, and as necessary to provide the Services in accordance with the Service Levels and satisfy its other obligations under this Agreement and the applicable Subscription Agreements, Service Description and Statements of Work. If Supplier is aware that these strategies differ from generally accepted practice (or there are any other areas of concern in relation to such strategies) it shall provide Allianz with notice of that fact and, upon request, provide Allianz with further information as to how to more closely align the strategies with generally accepted practice.

Equipment Implementation and Refresh. To the extent Supplier is financially responsible for particular Equipment under Schedule J.1, Supplier shall be responsible for the cost of acquiring new Equipment in the ordinary course of Technology and Business Process Evolution. In addition, to the extent Supplier is operationally responsible for particular Equipment under Schedule J.1, Supplier shall be responsible for the deployment and implementation of new Equipment in the ordinary course of Technology and Business Process Evolution. In each case, Supplier shall refresh such Equipment in accordance with the defined refresh strategies, as set out in the Technology and Business Process Plan, and as necessary to provide the Services in accordance with the Service Levels and satisfy its other obligations under this Agreement. If Supplier is aware that these strategies differ from generally accepted practice (or there are any other areas of concern in relation to such strategies) it shall provide Hercules with notice of that fact and, upon request, provide Hercules with further information as to how to more closely align the strategies with generally accepted practice.

Equipment Implementation and Refresh. Service Provider shall be fully responsible for the implementation of new Equipment in the ordinary course of Technology and Business Process Evolution, and Service Provider shall refresh all Equipment in accordance with Allegheny’s refresh strategies, as set out in the Technology and Business Process Plan, subject to any applicable Equipment refresh rates specified in this Agreement, and as otherwise necessary to provide the Services in accordance with the Service Levels and satisfy its other obligations under this Agreement. If Service Provider is aware that these strategies differ from generally accepted practice (or there are any other areas of concern in relation to such strategies) it shall provide Allegheny with notice of that fact and, upon request, provide Allegheny with further information as to how to more closely align the strategies with generally accepted practice. Allegheny shall have the right to waive refresh of Equipment under its control. If Allegheny does waive refresh of Equipment under its control, Service Provider will work with Allegheny to assess and address any impact on Service Provider’s support costs. ***.