INCREASED STAFFING Clause Samples

INCREASED STAFFING. If Seller is required to increase staffing, acquire equipment or to make any investments or capital expenditures in order to increase the level of use of any Transition Service provided as a result of a request by the Companies to increase the level of use provided by Seller, Seller shall inform the Companies in writing of the need for such increases in staffing level, acquisitions of equipment, investments or capital expenditure required before any such costs or expenses are incurred. Upon the receipt of such notice, the Companies may (i) withdraw their request for the increase in the level of use provided by Seller, (ii) in the case of equipment or other tangible assets, make the required equipment and assets available for Seller’s use during the provision of the Transition Services at no expense to Seller, or (iii) agree to Seller’s increased staffing, acquisition of equipment or investment or capital expenditure. Upon mutual written agreement under subsection (iii), as to any such increase in staffing level, acquisition of equipment, investment or capital expenditure required, the Companies shall reimburse Seller for the actual increased costs and expenses incurred by Seller allocable to the Transition Services. If the Companies do not agree to reimburse Seller for the actual increased costs and expenses to be incurred, Seller shall have no obligation to increase the level of such Transition Service.