Common use of Services and Term Clause in Contracts

Services and Term. IM shall provide maintenance and support services set forth herein for the Dry Workflow upon Customer Acceptance of the Dry Workflow and continue for a period of one (1) year (the “Initial Maintenance and Support Term”). IM shall continue to provide said services during any additional term during which Customer renews maintenance and support services (“Renewal Term”) in accordance with the procedure set forth below. Each Renewal Term shall consist of a one-year period: (a) the first Renewal Term shall commence the day following the last day of the Initial Maintenance and Support Term; and (b) any subsequent Renewal Terms shall commence on the anniversary of the first day of the first Renewal Term. Nothing in this Exhibit D shall reduce IM’s warranty obligations set forth in the Agreement. Not less than [*] days prior to the conclusion of the Initial Maintenance and Support Term, IM shall send Customer written notice of the date that the Initial Maintenance and Support Term is scheduled to expire, together with a Quote for maintenance and support services for the first Renewal Term. If Customer thereupon provides IM with an acceptable Purchase Order in connection with the Quote, IM shall invoice Customer in accordance with Section 5.1 of the Agreement, and provide maintenance and support services for the first Renewal Term. Not less than [*] days prior to the end of any Renewal Period, IM shall provide Customer with notice specifying whether IM intends to continue to offer maintenance and support services for the Dry Workflow in question; if so, IM shall specify the price for maintenance and support for the next Renewal Term subject to Section 4.4.5. IM will advise Customer in advance when IM believes that maintenance and support services fall outside of the range of supported services and will provide Customer with a description of the work and any applicable charges. IM shall provide an estimate of any likely charges in advance of the services and shall notify Customer if it believes the services are not covered hereunder as soon as practical once a determination is made by IM. During the services, if IM finds that the resolution is within the maintenance and support services defined herein and in the Agreement, Customer will incur no charges. All charges by IM shall be at the rates specified in the Agreement. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 3 contracts

Samples: Workflow Purchase Agreement, Workflow Purchase Agreement (Intermolecular Inc), Workflow Purchase Agreement (Intermolecular Inc)

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Services and Term. IM shall provide maintenance and support services set forth herein for the Dry Workflow upon Customer Acceptance of the Dry Workflow and continue for a period of one (1) year [*] (the “Initial Maintenance and Support Term”). IM shall continue to provide said services during any additional term during which Customer renews maintenance and support services (“Renewal Term”) in accordance with the procedure set forth below. Each Renewal Term shall consist of a one-year [*] period: (a) the first Renewal Term shall commence the day following the last day of the Initial Maintenance and Support Term; and (b) any subsequent Renewal Terms shall commence on the anniversary [*] of the first day of the first Renewal Term. Nothing in this Exhibit D shall reduce IM’s warranty obligations set forth in the Agreement. Not less than [*] days prior to the conclusion of the Initial Maintenance and Support Term, IM shall send Customer written notice of the date that the Initial Maintenance and Support Term is scheduled to expire, together with a Quote for maintenance and support services for the first Renewal Term. If Customer thereupon provides IM with an acceptable Purchase Order in connection with the Quote, IM shall invoice Customer in accordance with Section 5.1 of the Agreement, and provide maintenance and support services for the first Renewal Term. Not less than [*] days prior to the end of any Renewal Period, IM shall provide Customer with notice specifying whether IM intends to continue to offer maintenance and support services for the Dry Workflow in question; if so, IM shall specify the price for maintenance and support for the next Renewal Term subject to Section 4.4.5. IM will advise Customer in advance when IM believes that maintenance and support services fall outside of the range of supported services and will provide Customer with a description of the work and any applicable charges. IM shall provide an estimate of any likely charges in advance of the services and shall notify Customer if it believes the services are not covered hereunder as soon as practical once a determination is made by IM. During the services, if IM finds that the resolution is within the maintenance and support services defined herein and in the Agreement, Customer will incur no charges. All charges by IM shall be at the rates specified in the Agreement. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: Workflow Purchase Agreement (Intermolecular Inc)

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