Common use of Mainframe Software Service Charge Clause in Contracts

Mainframe Software Service Charge. The Charges shall include any Software procured by Service Provider pursuant to the Software Charge methodology, to compensate Service Provider for the Software procured on DIR’s behalf as provided in this provision. The Software Services Charge is a methodology for DIR to obtain Software for its dedicated use on Mainframe processors utilized by Service Provider in the provision of the Services. The types of Software which DIR may obtain pursuant to this methodology are listed as ‘Software Charge” in the Financial Responsibilities Matrix and Exhibit 12. Software Charges shall be determined based on the Software Expenditures that are actually paid or incurred by Service Provider. Service Provider will use commercially reasonable efforts to obtain the lowest possible discounted prices for such Software for the benefit of DIR, including utilization of DIR purchase arrangements in accordance with the Agreement. Notwithstanding anything to the contrary herein, (a) DIR shall have the option of procuring such Software directly from Third Parties; (b) DIR shall have the option to pay upon delivery for such Software on a one time basis at cost with no markup, rather than spreading the payment over twelve months; and (c) DIR shall have the option of procuring such Software directly from Service Provider under this Agreement only to the extent DIR obtains Service Provider’s support of such Software pursuant to the terms of this Agreement (except to the extent otherwise mutually agreed). The Software Charge should include the amounts actually paid or incurred by Service Provider. Such amounts actually paid or incurred and any other associated Software Charges must be approved in advance by DIR for license fees and the provision of maintenance and support Services in respect of the Software which is installed on a Mainframe and categorized in Attachment 4-B as “SSC”. For purposes of this Section, the following terms shall have the following meanings:

Appears in 9 contracts

Samples: publishingext.dir.texas.gov, pubext.dir.texas.gov, publishingext.dir.texas.gov

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Mainframe Software Service Charge. The Charges shall include any Software procured by Service Provider pursuant to the Software Charge methodology, to compensate Service Provider for the Software procured on DIR’s behalf as provided in this provision. The Software Services Charge is a methodology for DIR to obtain Software for its dedicated use on Mainframe processors utilized by Service Provider in the provision of the Services. The types of Software which DIR may obtain pursuant to this methodology are listed as ‘Software Charge” in the Financial Responsibilities Matrix and Exhibit 12. Software Charges shall be determined based on the Software Expenditures that are actually paid or incurred by Service Provider, in addition to the uplift charged for spreading the payment of such Software Expenditures. Service Provider will use commercially reasonable efforts to obtain the lowest possible discounted prices for such Software for the benefit of DIR, including utilization of DIR purchase arrangements in accordance with the Agreement. Notwithstanding anything to the contrary herein, (a) DIR shall have the option of procuring such Software directly from Third Parties; (b) DIR shall have the option to pay upon delivery for such Software on a one time basis at cost with no markup, rather than spreading the payment over twelve months; and (c) DIR shall have the option of procuring such Software directly from Service Provider under this Agreement only to the extent DIR obtains Service Provider’s support of such Software pursuant to the terms of this Agreement (except to the extent otherwise mutually agreed). The Software Charge should include the amounts actually paid or incurred by Service Provider. Such amounts actually paid or incurred and any other associated Software Charges must be approved in advance by DIR for license fees and the provision of maintenance and support Services in respect of the Software which is installed on a Mainframe and categorized in Attachment 4-B as “SSC”. For purposes of this Section, the following terms shall have the following meanings:

Appears in 3 contracts

Samples: pubext.dir.texas.gov, pubext.dir.texas.gov, pubext.dir.texas.gov

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