Staying Current. A. You will install and use: (1) the Current Version of each Item of Program Property; (2) the most current version of the operating system supported by such version for Your Designated Platform, and (3) the most current version of the [*] software, the SQL Module and, if applicable, the most current version of the [*] Software and the [*] supported by such version of the Program Property for Your Designated Platform, all subject to a transition period of [*] the release of the newer version to You, and in the case of Program Property set forth in Exhibit l(a), no less than a [*] transition period will be allowed for the Program Property version currently being used to process actual patient data, regardless of version. If You are using the Superseded Version of any Item of Program Property during the [*] transition period, Epic's obligations under this Section 7 concerning the correction of any errors or defects in the Superseded Version shall be limited solely to the minimal maintenance necessary to keep the Superseded Version operating in the same manner that it had prior to the release of the Current Version. Once the [*] Confidential portions omitted and filed separately with the Securities and Exchange Commission. Current Version is released to You, Epic will not provide any customization services with respect to the Superseded Version. If You do not remain current within the transition periods as described above, you have Materially Breached this Agreement.
Staying Current. You must have [*] no later than [*] after [*] is first [*]. [*] Confidential portions omitted and filed separately with the Securities and Exchange Commission.
Staying Current. During the Maintenance Program, You will use the Current Version of each Item, as well as other Epic-recommended infrastructure and software, such as the hardware operating system, Operating Environment, KB SQL software, and business intelligence and relational database management software, all subject to the Transition Period (“Staying Current”). The current “Transition Period” is the eighteen (18) month period beginning on release of the newer version. The Transition Period may change in connection with changes to Epic’s release cycle. Epic may not retrofit Updates except to the extent You are Staying Current and Epic determines it is needed to correct a Substantive Program Error that does not have a Reasonable Workaround. While You are not Staying Current, Epic may increase Your monthly maintenance fees by five percent (5%) upon the end of the Transition Period and each subsequent six month period. If You are not Staying Current, Epic also may end the Maintenance Program on ninety (90) days’ notice to You (during which time You may become current to avoid termination).
