Common use of Software Currency Clause in Contracts

Software Currency. The Parties agree to maintain reasonable currency for Maintenance Releases and Versions of Software, unless Equifax requests otherwise. For purposes of this Section, "reasonable currency" shall mean that the next Maintenance Release or Version is installed not later than the longer of (i) twelve (12) months after the date the licensor makes such Maintenance Release or Version commercially available, or (ii) within one (1) month after the date the licensor makes a subsequent Maintenance Release or Version commercially available which causes Equifax to be more than one Maintenance Release or Version behind, unless such Maintenance Release or Version contains defects, Viruses, Disabling Code or similar infirmities identified by the Parties, or either of them, that will adversely affect Equifax's operations, in which case, the previous Maintenance Release or Version will be deemed "reasonably current". In the event Equifax requests IBM to expedite installation of a Maintenance Release or Version or to delay the installation of a Maintenance Release or Version of specific Software beyond such period or requires operation and maintenance of multiple Versions of Software, IBM shall do so, provided, that if IBM reasonably Equifax / IBM Confidential determines that it will incur any additional costs as a result of such requests (e.g., Software support costs due to withdrawal of maintenance by the licensor, multiple version charges, etc.) for resources not otherwise required to provide the Services under the applicable Transaction Document or covered under a current Resource Unit Baseline for such Transaction Document, then IBM will notify Equifax of the amount of such costs in writing and Equifax, at its option, will either delay installation of such Maintenance Release or Version or update the Software to the current level (as applicable) or reimburse IBM for any demonstrable costs. The installation and promotion into production of each Maintenance Release and Version shall be performed in accordance with the Change Control Process. In addition, Equifax shall relieve IBM from any failure to meet a Performance Standard or Minimum Service Level to the extent directly impacted by the delay or acceleration of the next Maintenance Release or Version until such time as the affected Software is brought to "reasonable currency" as defined in this SECTION 3.9.

Software Currency. The Parties agree to maintain reasonable currency for Maintenance Releases and Versions of Software, unless Equifax Certegy requests otherwise. For purposes of this Section, "reasonable currency" shall mean that the next Maintenance Release or Version is installed not later than the longer of (i) twelve (12) months after the date the licensor makes such Maintenance Release or Version commercially available, or (ii) within one (1) month after the date the licensor makes a subsequent Maintenance Release or Version commercially available which causes Equifax Certegy to be more than one Maintenance Release or Version behind, unless such Maintenance Release or Version contains defects, Viruses, Viruses Disabling Code or similar infirmities identified by the Parties, or either of them, that will adversely affect EquifaxCertegy's operations, in which case, the previous Maintenance Release or Version will be deemed "reasonably current". In the event Equifax Certegy requests IBM to expedite installation of a Maintenance Release or Version or to delay the installation of a Maintenance Release or Version of specific Software beyond such period or requires operation and maintenance of multiple Versions of Software, IBM shall do so, provided, that if IBM reasonably Equifax / IBM Confidential determines that it will incur any additional costs as a result of such requests (e.g., Software support costs due to withdrawal of maintenance by the licensor, multiple version charges, etc.) for resources not otherwise required to provide the Services under the applicable Transaction Document or covered under a current Resource Unit Baseline for such Transaction Document, then IBM will notify Equifax Certegy of the amount of such costs in writing and EquifaxCertegy, at its option, will either delay installation of such Maintenance Release or Version or update the Software to the current level (as applicable) or reimburse IBM for any demonstrable costs. The installation and promotion into production of each Maintenance Release and Version shall be performed in accordance with the Change Control Process. In addition, Equifax Certegy shall relieve IBM from any failure to meet a Performance Standard or Minimum Service Level to the extent directly impacted by the delay or acceleration of the next Maintenance Release or Version until such time as the affected Software is brought to "reasonable currency" as defined in this SECTION Section 3.9.

Software Currency. The Parties agree to maintain reasonable currency for Maintenance Releases and Versions of Software, unless Equifax Certegy requests otherwise. For purposes of this Section, "“reasonable currency" ” shall mean that the next Maintenance Release or Version is installed not later than the longer of (i) twelve (12) months after the date the licensor makes such Maintenance Release or Version commercially available, or (ii) within one (1) month after the date the licensor makes a subsequent Maintenance Release or Version commercially available which causes Equifax Certegy to be more than one Maintenance Release or Version behind, unless such Maintenance Release or Version contains defects, Viruses, Viruses Disabling Code or similar infirmities identified by the Parties, or either of them, that will adversely affect Equifax's Certegy’s operations, in which case, the previous Maintenance Release or Version will be deemed "“reasonably current"”. In the event Equifax Certegy requests IBM to expedite installation of a Maintenance Release or Version or to delay the installation of a Maintenance Release or Version of specific Software beyond such period or requires operation and maintenance of multiple Versions of Software, IBM shall do so, provided, that if IBM reasonably Equifax / IBM Confidential determines that it will incur any additional costs as a result of such requests (e.g., Software support costs due to withdrawal of maintenance by the licensor, multiple version charges, etc.) for resources not otherwise required to provide the Services under the applicable Transaction Document or covered under a current Resource Unit Baseline for such Transaction Document, then IBM will notify Equifax Certegy of the amount of such costs in writing and EquifaxCertegy, at its option, will either delay installation of such Maintenance Release or Version or update the Software to the current level (as applicable) or reimburse IBM for any demonstrable costs. The installation and promotion into production of each Maintenance Release and Version shall be performed in accordance with the Change Control Process. In addition, Equifax Certegy shall relieve IBM from any failure to meet a Performance Standard or Minimum Service Level to the extent directly impacted by the delay or acceleration of the next Maintenance Release or Version until such time as the affected Software is brought to "“reasonable currency" ” as defined in this SECTION Section 3.9.

Software Currency. The Parties agree to maintain reasonable currency for Maintenance Releases and Versions of Software, unless Equifax requests otherwise. For purposes of this Section, "reasonable currency" shall mean that the next Maintenance Release or Version is installed not later than the longer of (i) twelve (12) months * after the date the licensor makes such Maintenance Release or Version commercially available, or (ii) within one (1) month * after the date the licensor makes a subsequent Maintenance Release or Version commercially available * which causes Equifax to be more than one Maintenance Release or Version behind, * unless such Maintenance Release or Version contains defects, Viruses, Disabling Code or similar infirmities identified by the Parties, or either of them, that will adversely affect Equifax's operations, * in which case, the previous Maintenance Release or Version will be deemed "reasonably current". case * In the event Equifax requests IBM to expedite installation of a Maintenance Release or Version or to delay the installation of a Maintenance Release or Version of specific Software beyond such period or requires operation and maintenance of multiple Versions of Software, IBM shall do so, provided, that if IBM reasonably Equifax / IBM Confidential determines that it will incur any additional costs as a result of such requests (e.g., Software support costs due to withdrawal of maintenance by the licensor, multiple version charges, etc.) for resources not otherwise required to provide the Services under the applicable Transaction Document or covered under a current Resource Unit Baseline for such Transaction Document, then IBM will notify Equifax of the amount of such costs in writing and Equifax, at its option, will either delay installation of such Maintenance Release or Version or update the Software to the current level (as applicable) or reimburse IBM for any demonstrable costs. The installation and promotion into production of each Maintenance Release and Version shall be performed in accordance with the Change Control Process. In addition, Equifax shall relieve IBM from any failure to meet a Performance Standard or Minimum Service Level * to the extent directly impacted by the delay or acceleration of the next Maintenance Release or Version until such time as the affected Software is brought to "reasonable currency" as defined in this SECTION Section 3.9.. -----------

Software Currency. The Parties agree to maintain reasonable currency for Maintenance Releases and Versions of Software, unless Equifax requests CHMS determines otherwise. For purposes of this Section, "reasonable currency" shall mean that the next Maintenance Release or Version is installed not later than the longer of (ia) twelve (12) 24 months after the date the licensor makes such Maintenance Release or Version commercially available, or (iib) within one (1) 1 month after the date the licensor makes a subsequent Maintenance Release or Version commercially available which causes Equifax CHMS to be more than one Maintenance Release or Version behind, unless such Maintenance Release or Version contains defects, Viruses, Disabling Code or similar infirmities identified by the Parties, or either of them, that will adversely affect Equifax's operations, in which case, the previous Maintenance Release or Version will be deemed "reasonably current". In the event Equifax CHMS requests IBM ISSC to expedite installation of a Maintenance Release or Version or to delay the installation of a Maintenance Release or Version upgrading of specific Software beyond such period or requires operation and maintenance of multiple Versions versions of Software, IBM ISSC shall do so, provided, that if IBM ISSC reasonably Equifax / IBM Confidential determines that it will incur any additional costs Out-of-Pocket Expenses as a result of such requests (e.g., Software support costs due to withdrawal of maintenance by the licensor, multiple version charges, etc.) for resources not otherwise required to provide the Services under the applicable Transaction Document or covered under a current Resource Unit Baseline for such Transaction Document), then IBM ISSC January 4, 1996 Agreement - Execution Document Page 18 of 53 25 will notify Equifax CHMS of the amount of such costs Out-of-Pocket Expenses in writing and EquifaxCHMS, at its option, will either delay installation of such Maintenance Release or Version or update the Software to the current level (as applicable) or reimburse IBM ISSC for any demonstrable costs. The installation and promotion into production of each Maintenance Release and Version shall be performed in accordance with the Change Control ProcessOut-of-Pocket Expenses. In addition, Equifax CHMS shall relieve IBM ISSC from any failure to meet a Performance Standard or Minimum Service Level to the extent directly impacted by the delay or acceleration of the next Maintenance Release or Version until such time as the affected Software is brought to "reasonable currency" as defined in this SECTION 3.9Section 3.10.