Common use of Software and Hardware Migration Clause in Contracts

Software and Hardware Migration. (a) Provider and Company contemplate that certain of the information technology platform operated by Company and used exclusively to support the Employee Service Center shall be migrated from the Company to Provider on or before the Migration Date. The Parties therefore agree that on or before the Migration Date, Provider will discontinue its use of the Company Hardware located at the Employee Service Center and the Company Software residing on such Hardware. Provider will be responsible for determining the information technology migration plan and procedures with any changes to the Services and Charges to be handled through the Change Control Procedures. Except as otherwise agreed pursuant to the Change Control Procedures, Provider will be responsible for obtaining the necessary Hardware and Software at the Employee Service Center to continue to perform the Services following the Migration Date and for all costs associated with obtaining such Hardware and Software. (b) Regarding the Company Hardware and Software, other than the SAP software, that Provider has the right to use or access in connection with the Services but which is not located at the Employee Service Center, the Parties agree to use the Change Control Procedures at any time and from time to time to determine any changes to Provider's right to use or access to such Hardware and Software and the impact of such changes on the Charges. Regarding the SAP software, the Parties agree that Provider will not be responsible for obtaining a SAP license to perform the Services for Company.