Server Consolidation Sample Clauses

Server Consolidation. Service Provider shall credit DIR for any ARCs above the applicable Resource Baselines for the Service Tier Matrix Resource Unit Category and not invoice for any incremental Server Hardware Service Charges that is attributable to Service Provider’s failure to achieve the targeted Server consolidation, as contemplated by the Resource Baselines for the Service Tier Matrix Resource Unit Category and the capital plan shown on the “HSC Support” tab of Attachment 4-A, except if and to the extent that such failure is caused by (a) DIR’s direction to Service Provider that specific Servers targeted for consolidation shall not be so consolidated or (b) DIR’s failure to perform those DIR obligations that are expressly identified as consolidation dependencies in the portion of the final detailed Transformation Plan (and then only to the extent that such consolidation is so prevented), provided in each case that: (i) (A) Service Provider advises DIR in advance of such decision or expeditiously upon becoming aware of such failure to perform that such decision or failure to perform would result in additional Charges and identifies such Charges for DIR, (B) such Charges would not have been applicable had such Servers been consolidated as contemplated by the Resource Baselines for the Service Tier Matrix Resource Unit Category and the capital plan shown on the “Provider Investments” tab of Attachment 4-A, (C) Service Provider identifies and suggests for DIR’s consideration reasonable alternatives to address and avoid the circumstances giving rise to such Charges and (D) Service Provider uses commercially reasonable efforts to accomplish the planned consolidation and avoid the circumstances giving rise to such Charges; and (ii) with respect to clause (a) of this Subsection, such decision is not based on any change in the standards, processes, procedures and controls or associated technologies, architectures, standards, products, Materials, Equipment, Systems or services provided, operated, managed, supported or used in connection with the Services (but only to the extent that such decision is not based on any such change). The credit will be equal to the difference in ARC/RRC rates between the Consolidated and Non-Consolidated Service Tier Matrix Resource Unit Category for each Instance that Service Provider fails to consolidate each month.
Sample 1Sample 2Sample 3See All (11)
AutoNDA by SimpleDocs
Server Consolidation. A new section 2 is added to Exhibit A of the Contract, as follows: “2. Centralized Server Environment “Beginning March 1, 2014, Contractor shall begin centralizing its server operations in one location, at Contractor’s main server location in Plano, Texas, in lieu of the decentralized server systems described in Section 1, above. Contractor shall complete the server centralization on or before December 31, 2015, including providing CDOC staff with any necessary training on the use of the centralized ITS system.”
Sample 1
Server Consolidation. IT Optimization Analysis [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. IBM will:
Sample 1
Server Consolidation. Service Provider shall credit DIR for any ARCs above the applicable Resource Baselines for the Service Tier Matrix Resource Unit Category and not invoice for any incremental Server Hardware Service Charges that is attributable to Service Provider’s failure to achieve the targeted Server consolidation, as contemplated by the Resource Baselines for the Service Tier Matrix Resource Unit Category and the capital plan shown on the “HSC Support” tab of Attachment 4-A, except if and to the extent that such failure is caused by
Sample 1

Related to Server Consolidation

  • Merger, Consolidation The Borrower will not, and will not permit or cause any of its Subsidiaries to, liquidate, wind up or dissolve, or enter into any consolidation, merger or other combination, or agree to do any of the foregoing; provided, however, that:

  • Merger, Consolidation, Etc The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:

  • Merger, Consolidation or Sale The Company and each of the Guarantors may consolidate with, or sell, lease or convey all or substantially all of the Company’s or its assets to, or merge with or into, any other entity, provided that the following conditions are met:

  • Mergers, Consolidations, Etc The Borrower will not, nor will it permit any of its Subsidiaries to, enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), except:

  • Mergers, Consolidations or Sales No Obligated Party shall enter into any transaction of merger, reorganization, or consolidation, or transfer, sell, assign, lease, or otherwise Dispose of all or any part of its property, or sell or issue any of its preferred Capital Stock, or wind up, liquidate, or dissolve, or agree to do any of the foregoing, except for (A) sales and other Dispositions of Inventory in the ordinary course of its business, (B) sales or other Dispositions of Equipment in the ordinary course of business that is (1) damaged, worn out, unserviceable, or obsolete, (2) no longer necessary for the proper conduct of business with a good faith estimated value not in excess of $100,000 in any Fiscal Year of Xxxxx, or (3) contemporaneously replaced with Equipment of comparable utility, in each case in the ordinary course of business and operations of the Obligated Parties and on a basis consistent with past practices, (C) the sale of the helicopter that is the subject of the Aircraft Mortgage or the Cessna 525 aircraft (serial number 525-0341); provided that the purchase price received by the relevant Obligated Party for each such aircraft shall not be less than the fair market value of such aircraft and at least 75% of the purchase price therefor shall be payable in cash on the closing date of such sale or by the assumption of Debt secured by such aircraft, (D) payments of cash in the ordinary course of business and as otherwise permitted by this Agreement, and (E) subject to Section 8.10, other transactions between or among the Obligated Parties in the ordinary course of each Obligated Party’s business consistent with past practices; provided that, notwithstanding the foregoing or any other provision of this Agreement, as long as no Default or Event of Default exists or would result therefrom and provided Xxxxx gives the Agents prior written notice:

  • Merger and Consolidation The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:

  • Merger, Consolidation, Incorporation (a) Notwithstanding any other provision of this Trust Instrument to the contrary, the Trustees may, without Shareholder approval unless such approval is required by the 1940 Act, (i) cause the Trust to convert into or merge, reorganize or consolidate with or into one or more trusts, partnerships, limited liability companies, associations, corporations or other business entities (each, a “Successor Entity”), or a series of any Successor Entity to the extent permitted by law, (ii) cause the Shares to be exchanged under or pursuant to any state or federal statute to the extent permitted by law, (iii) cause the Trust to incorporate under the laws of a state, commonwealth, possession or colony of the United States, (iv) sell or convey all or substantially all of the assets of the Trust or any Series or Class to another Series or Class of the Trust or to a Successor Entity, or a series of a Successor Entity to the extent permitted by law, for adequate consideration as determined by the Trustees which may include the assumption of all outstanding obligations, taxes and other liabilities, accrued or contingent of the Trust or any affected Series or Class, and which may include Shares of such other Series or Class of the Trust or shares of beneficial interest, stock or other ownership interest of such Successor Entity (or series thereof) or (v) at any time sell or convert into money all or any part of the assets of the Trust or any Series or Class thereof. Any agreement of merger, reorganization, consolidation, exchange or conversion or certificate of merger, certificate of conversion or other applicable certificate may be signed by a majority of the Trustees or an authorized officer of the Trust and facsimile signatures conveyed by electronic or telecommunication means shall be valid.

  • Mergers, Consolidations Be a party to any merger or consolidation, other than a merger or consolidation of such Lessee into or with another entity if:

  • Merger or Consolidation Section 8.11

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!