Proviso Regarding New Functions. If Bank of America reasonably believes that a New Function cannot be made part of the Bank of America Talking ATM because the necessary hardware or software components cannot be obtained from one of Bank of America's principal vendors or any other United States ATM vendors manufacturing products that are compatible with Bank of America ATMs, or because it would have a substantial adverse effect on the individual performance of a substantial number of such ATMs or on the overall performance or security of Bank of America's ATM operations, or because the available technology would not permit Bank of America to develop and install Bank of America Talking ATMs that will operate effectively to enable Persons with Vision Impairments to independently use the machines for such New Function, Bank of America will notify Claimants in writing, providing written documentation from all applicable vendors. At Claimants' request, made in writing within ten (10) days after receiving Bank of America's written notification, Bank of America will use its best efforts to arrange for a meeting to be held with Claimants, Bank of America and its applicable vendors regarding any Function that is the subject of the written notice. If the parties cannot agree within ten (10) days of receipt of the notice, or, if a meeting is held, within ten (10) days of the meeting, as to whether the disputed Function should be part of the Bank of America Talking ATMs, Claimants may submit to binding arbitration, pursuant to section 9.4, below, the question of whether or not the necessary hardware or software components can be obtained from an applicable vendor that would enable the Function to be included on the Bank of America Talking ATM, or whether inclusion of such Function would have a substantial adverse effect on the individual performance of a substantial number of such ATMs or on the overall performance or security of Bank of America's ATM operations, or whether the available technology would permit Bank of America to develop and install Bank of America Talking ATMs that will operate effectively to enable Persons with Vision Impairments to independently use the machines for such New Function.
Proviso Regarding New Functions. If UBOC reasonably believes that a New Function cannot be made part of the UBOC Talking ATM because the necessary hardware or software components cannot be obtained from one of UBOC’s principal vendors or any other United States ATM vendors manufacturing products that are compatible with UBOC ATMs, UBOC will notify Claimant in writing, providing written documentation from all applicable vendors. At Claimant request, made in writing within ten (10) days after receiving UBOC’s written notification, UBOC will arrange for a meeting to be held with Claimant, UBOC and its applicable vendors regarding any Function that is the subject of the written notice. If the parties cannot agree within ten (10) days of receipt of the notice, or, if a meeting is held, within ten
