Software Charge Calculation. For Software Licenses purchases and Maintenance contracts that are in effect for twelve (12) months, the monthly charges for Software Charge acquisitions in a given month will equal the following: Monthly Software Charge= Software Expenditures x 1.025 divided by twelve (12). For software maintenance expenditures that have a time period longer than 12 months the monthly charges will equal: Monthly Software Charge = Software Expenditures x 1.025 x (Software Expenditure Months/12) divided by Software Expenditures Months. The Monthly Invoice will include the Software Expenditures that were actually paid or incurred during each month. Copies of relevant Third Party invoices and such other information reasonably requested by DIR will also be included with such invoices. Service Provider shall obtain DIR’s approval prior to incurring any Software Expenditures. If Service Provider does not obtain DIR’s prior approval in respect of any Software Expenditures, then such costs shall not be included in the Software Charge and Service Provider shall be responsible for such costs. If DIR requests Service Provider to remove Software from the DIR Customers’ Production Environments prior to the end of its applicable twelve (12) month payment period (which includes DIR’s partial or whole termination of the Agreement), such Software Charges shall continue until the end of the applicable twelve (12) month payment period for such Software, using a discount rate equal to the applicable service charge rate for that Software. DIR shall be responsible for paying all Software Charges on such Servers in full, no later than the last date on which such Software Charge is no longer applicable. To clarify, the provisions of this Section shall apply to Software procured pursuant to the Software Charge, and not the provisions governing the procurement of Software as set forth in Section 6 of the Agreement.
Appears in 8 contracts
Samples: Data Center Services Service Component Provider Master Services Agreement, Master Service Agreement, Master Services Agreement
Software Charge Calculation. For Software Licenses purchases and Maintenance contracts that are in effect for twelve (12) months, the The monthly charges for Software Charge acquisitions in a given month will equal the following: Monthly Software Charge= Software Expenditures x 1.025 divided by twelve (12). For software maintenance expenditures that have a time period longer than 12 months the monthly charges will equal: Monthly Software Charge = Software Expenditures x 1.025 x (Software Expenditure Months/12) divided by Software Expenditures Months. The Monthly Invoice will include the Software Expenditures that were actually paid or incurred during each month. Copies of relevant Third Party invoices and such other information reasonably requested by DIR will also be included with such invoices. Service Provider shall obtain DIR’s approval prior to incurring any Software Expenditures. If Service Provider does not obtain DIR’s prior approval in respect of any Software Expenditures, then such costs shall not be included in the Software Charge and Service Provider shall be responsible for such costs. Any increase in Software Expenditures due to Service Provider solution changes (e.g., hardware consolidation or re- engineering) will be paid by Service Provider and not charged to DIR Customers unless prior approval is obtained. If DIR requests Service Provider to remove Software from the DIR Customers’ Production Environments prior to the end of its applicable twelve (12) month payment period (which includes DIR’s partial or whole termination of the Agreement), such Software Charges shall continue until the end of the applicable twelve (12) month payment period for such Software, using a discount rate equal to the applicable service charge rate for that SoftwareSoftware if paid at removal. DIR shall be responsible for paying all related Software Charges on such Servers in full, no later than the last date on which such Software Charge is no longer applicable. To clarify, the provisions of this Section shall apply to Software procured pursuant to the Software Charge, and not the provisions governing the procurement of Software as set forth in Section 6 of the Agreement.
Appears in 8 contracts
Samples: Data Center Services Service Component Provider Master Services Agreement, Master Service Agreement, Master Services Agreement
Software Charge Calculation. For Software Licenses purchases and Maintenance contracts that are in effect for twelve (12) months, the The monthly charges for Software Charge acquisitions in a given month will equal the following: Monthly Software Charge= Software Expenditures x 1.025 divided by twelve (12). For software maintenance expenditures that have a time period longer than 12 months the monthly charges will equal: Monthly Software Charge = Software Expenditures x 1.025 x (Software Expenditure Months/12) divided by Software Expenditures Months. The Monthly Invoice will include the Software Expenditures that were actually paid or incurred during each month. Copies of relevant Third Party invoices and such other information reasonably requested by DIR will also be included with such invoices. Service Provider shall obtain DIR’s approval prior to incurring any Software Expenditures. If Service Provider does not obtain DIR’s prior approval in respect of any Software Expenditures, then such costs shall not be included in the Software Charge and Service Provider shall be responsible for such costs. If Any increase in Software Expenditures due to Service Provider solution changes (e.g., hardware consolidation or re- engineering) will be paid by Service Provider and not charged to DCS Customers unless prior approval is obtained. Regardless of the DCS Customer’s payment option, if DIR or the DCS Customer requests Service Provider to remove Software from the DIR DCS Customers’ Production Environments prior to the end of its applicable twelve (12) month payment period term (which includes DIR’s partial or whole termination of the Agreement) and the Third Party Vendor issues an adjustment (credit or discount towards a future purchase), such Software Charges shall continue until the end of the applicable twelve (12) month payment period for such Software, using a discount rate equal adjustment will be passed along to the applicable service charge rate for that SoftwareDCS Customer. DIR shall be responsible for paying all related Software Charges on such Servers in full, no later than the last date on which such Software Charge is no longer applicable. To clarify, the provisions of this Section shall apply to Software procured pursuant to the Software Charge, and not the provisions governing the procurement of Software as set forth in Section 6 of the Agreement.
Appears in 3 contracts
Samples: Data Center Services Service Component Provider Master Services Agreement, Data Center Services Master Services Agreement, Data Center Services Service Component Provider Master Services Agreement
Software Charge Calculation. For Software Licenses purchases and Maintenance contracts that are in effect for twelve (12) months, the The monthly charges for Software Charge acquisitions in a given month will equal the following: Monthly Software Charge= Software Expenditures x 1.025 divided by twelve (12). For software maintenance expenditures that have a time period longer than 12 months the monthly charges will equal: Monthly Software Charge = Software Expenditures x 1.025 x (Software Expenditure Months/12) divided by Software Expenditures Months. The Monthly Invoice will include the Software Expenditures that were actually paid or incurred during each month. Copies of relevant Third Party invoices and such other information reasonably requested by DIR will also be included with such invoices. Service Provider shall obtain DIR’s approval prior to incurring any Software Expenditures. If Service Provider does not obtain DIR’s prior approval in respect of any Software Expenditures, then such costs shall not be included in the Software Charge and Service Provider shall be responsible for such costs. Any increase in Software Expenditures due to Service Provider solution changes (e.g., hardware consolidation or re- engineering) will be paid by Service Provider and not charged to DCS Customers unless prior approval is obtained. If DIR requests Service Provider to remove Software from the DIR DCS Customers’ Production Environments prior to the end of its applicable twelve (12) month payment period (which includes DIR’s partial or whole termination of the Agreement), such Software Charges shall continue until the end of the applicable twelve (12) month payment period for such Software, using a discount rate equal to the applicable service charge rate for that SoftwareSoftware if paid at removal. DIR shall be responsible for paying all related Software Charges on such Servers in full, no later than the last date on which such Software Charge is no longer applicable. To clarify, the provisions of this Section shall apply to Software procured pursuant to the Software Charge, and not the provisions governing the procurement of Software as set forth in Section 6 of the Agreement.
Appears in 1 contract
Samples: Data Center Services Service Component Provider Master Services Agreement
Software Charge Calculation. For Software Licenses purchases and Maintenance contracts that are in effect for twelve (12) months, the The monthly charges for Software Charge acquisitions in a given month will equal the following: Monthly Software Charge= Software Expenditures x 1.025 divided by twelve (12). For software maintenance expenditures that have a time period longer than 12 months the monthly charges will equal: Monthly Software Charge = Software Expenditures x 1.025 x (Software Expenditure Months/12) divided by Software Expenditures Months. The Monthly Invoice will include the Software Expenditures that were actually paid or incurred during each month. Copies of relevant Third Party invoices and such other information reasonably requested by DIR will also be included with such invoices. Service Provider shall obtain DIR’s approval prior to incurring any Software Expenditures. If Service Provider does not obtain DIR’s prior approval in respect of any Software Expenditures, then such costs shall not be included in the Software Charge and Service Provider shall be responsible for such costs. If DIR requests Service Provider to remove Software from the DIR Customers’ Production Environments prior to the end of its applicable twelve (12) month payment period (which includes DIR’s partial or whole termination of the Agreement), such Software Charges shall continue until the end of the applicable twelve (12) month payment period for such Software, using a discount rate equal to the applicable service charge rate for that Software. DIR shall be responsible for paying all Software Charges on such Servers in full, no later than the last date on which such Software Charge is no longer applicable. To clarify, the provisions of this Section shall apply to Software procured pursuant to the Software Charge, and not the provisions governing the procurement of Software as set forth in Section 6 of the Agreement.
Appears in 1 contract
Samples: Data Center Services Agreement
Software Charge Calculation. For Software Licenses purchases and Maintenance contracts that are in effect for twelve (12) months, the monthly charges for Software Charge acquisitions in a given month will equal the following: Monthly Software Charge= Software Expenditures x 1.025 divided by twelve (12). For software maintenance expenditures that have a time period longer than 12 months the monthly charges will equal: Monthly Software Charge = Software Expenditures x 1.025 x (Software Expenditure Months/12) divided by Software Expenditures Months. The Monthly Invoice will include the Software Expenditures that were actually paid or incurred during each month. Copies of relevant Third Party invoices and such other information reasonably requested by DIR will also be included with such invoices. Service Provider shall obtain DIR’s approval prior to incurring any Software Expenditures. If Service Provider does not obtain DIR’s prior approval in respect of any Software Expenditures, then such costs shall not be included in the Software Charge and Service Provider shall be responsible for such costs. If DIR requests Service Provider to remove Software from the DIR DCS Customers’ Production Environments prior to the end of its applicable twelve (12) month payment period (which includes DIR’s partial or whole termination of the Agreement), such Software Charges shall continue until the end of the applicable twelve (12) month payment period for such Software, using a discount rate equal to the applicable service charge rate for that Software. DIR shall be responsible for paying all Software Charges on such Servers in full, no later than the last date on which such Software Charge is no longer applicable. To clarify, the provisions of this Section shall apply to Software procured pursuant to the Software Charge, and not the provisions governing the procurement of Software as set forth in Section 6 of the Agreement.
Appears in 1 contract
Samples: Data Center Services Service Component Provider Master Services Agreement