Leading Technology Clause Samples
The Leading Technology clause defines the obligation for a party to utilize the most advanced or up-to-date technology available in the performance of its contractual duties. In practice, this means the party must regularly assess and, if necessary, upgrade its systems, processes, or products to ensure they remain at the forefront of industry standards. This clause is commonly used to ensure that deliverables are not rendered obsolete by rapid technological advancements, thereby protecting the interests of the other party and maintaining competitiveness.
Leading Technology. The parties hereto acknowledge and agree that the FTTP Network, and the Cable Services provided thereby, as described in Appendix J, will when built constitute a “Leading Technology” that includes more extensive fiber facilities, in lieu of coaxial cable facilities, than is currently, or ever has been, provided by any other Cable Service provider within the City as of the Effective Date.
7.1.1. The Franchisee will, at the City’s request (but not before the first anniversary of the Effective Date of the Franchise Agreement and not more often than once in any thirty-six (36) month period), prepare and submit to the City a report (in a mutually agreeable format) setting forth the Franchisee’s review and assessment of the current state of cable technology and its current plans, if any, to enhance its Cable System (provided however, that this reporting requirement will be in abeyance to the extent that a substantial competing franchisee delivering service through one-hundred percent (100%) of all cable systems owned and operated by such competing franchisee(s) in the City is then using a system in the City that fails to provide at least comparable capacity, reliability and feature richness to Franchisee’s system).
7.1.2. Upon the submission of each report as described in the preceding Section
7.1.1 the City may undertake an evaluation of such report, with an opportunity for Franchisee to comment on any City evaluation, and Franchisee will subsequently commence good faith discussions with the City, and implement agreements resulting from such good faith discussions, regarding enhancements, if any, to be made to the Cable System to maintain its leading technology status (provided however, that the requirement pursuant to this Section 7.1.2. will be in abeyance to the extent that a substantial competing franchisee delivering Cable Service through one-hundred percent (100%) of all cable systems owned and operated by such competing franchisee(s) in the Franchise Area is then using a system in the Franchise Area that fails to provide at least comparable capacity, reliability and feature richness to the FTTP Network).
Leading Technology. The parties intend that NCR shall be a leading edge supplier of financial self service system products. To this end Solectron will both inform and provide a commercially reasonable opportunity for acquisition of new and emerging Solectron and industry technology and manufacturing capabilities. At a minimum NCR will be informed by Solectron at least on a concurrent basis with Solectron’s other OEM customers in the same or similar markets of such emerging Solectron or industry technology or manufacturing capabilities.
Leading Technology. 8.1.1 The Company shall perform the Development and Operational Services and the Marketing Services: (i) in a professional and workmanlike manner in accordance with the highest applicable industry standards; (ii) in compliance with all Development and Operational Services and Marketing Services obligations and specifications set forth in this Agreement and its exhibits; and (iii) so that the technology used in connection with the Stuff Site and Mall Site is considered leading technology relative to other shopping portals and Internet mall hosting providers. In furtherance of the foregoing, FDMS may elect, at its sole cost and expense, no more frequently than twice in any twelve (12) month period, to cause a third Person to review and benchmark the technologies used in the Stuff Site and Mall Site to ensure that the same is equal to or better than the top ten percent (10%) of all providers of similar services. FDMS and the Company shall promptly agree on the identity of a third Person to perform such review and benchmark services.
8.1.2 If any review and benchmark reveals that the technology does not meet the foregoing standards, and such failure substantially impairs the ability of FDMS to: (i) service its current customers using the Development and Operational Services provided by the Company hereunder; or (ii) add additional customers to use the Development and Operational Services, FDMS shall notify the Company of the same, and the fees payable by FDMS hereunder shall be reduced by fifty percent (50%) commencing upon the Company's receipt of the notice of the failure provided by FDMS and ending on the date on which either: (a) the parties agree that such failure has been cured; or (b) an Arbitration Panel determines that such failure has been cured. If the Company fails to remedy such failure within six (6) months after FDMS' notification to the Company of the same, the Company shall pay FDMS for all reasonable conversion costs and expenses incurred by FDMS and its Affiliates associated with the deconversion of FDMS Merchants.
Leading Technology. The parties intend that NCR shall be a leading edge ------------------ supplier of information technology products. To this end Solectron will both inform and provide a commercially reasonable opportunity for acquisition of new and emerging Solectron and industry technology and manufacturing capabilities. At a minimum NCR will be informed by Solectron at least on a concurrent basis with Solectron's other OEM customers in the same or similar markets of such emerging Solectron or industry technology or manufacturing capabilities.
Leading Technology. 20 1.3 Commitment........................................................... 20 1.4 Exceptions........................................................... 20 2. DEFINITIONS................................................................ 20 3. FORECAST/ORDER PLACEMENT/FLEXIBILITY...................................... 21 4. PRICES.................................................................... 21 5. LEAD TIME, DELIVERY, AND PAYMENT.......................................... 21 6.