Technology Refresh. 20.3.1. As further detailed in clause 20.4 below, the Service Provider shall be required to keep Transnet advised of their technology refresh strategy and road map and shall be required to ensure that the Service Provider internal systems and infrastructure and the Service provision at all times remains compatible with the architectural technology standards and strategies per Appendix 2 of Annexure A Part A.
20.3.2. The Service Provider will, at its own cost, refresh all Service Provider Equipment used to provide the Services in accordance with the terms of the Agreement, the relevant Service Tower at Annexure A Part A, and to meet the Service Levels.
Technology Refresh. 3.5.1 The parties will agree to a written Technology Refresh Implementation Strategy (TRIS) pursuant to Paragraph 1.1.13 (Technology Refresh Implementation Strategy) of Attachment A.1 (Tasks and Deliverables) to Exhibit A (Statement of Work). The TRIS will, among other things, be devised to minimize disruption to County operations. The Technology Refresh is intended to update key solution components (hardware/software) with the most contemporaneous and advanced technologies currently available.
3.5.2 At the conclusion of the fifth year of this Contract following Final Acceptance, the County and Contractor agree to conduct a hardware/software replacement (Technology Refresh) for all or any subset of the Solution components as determined solely by County Project Director. Presuming the Contract has been extended beyond the current Term by the County, a Technology Refresh will be implemented every five years thereafter. Notwithstanding, the County makes no guarantee that the Technology Refresh(es) will occur, nor does the County guarantee that the Technology Refresh will be conducted in one single deployment during the Term of this Contract.
3.5.3 The cost for the Technology Refresh will be borne by the County by means of an approved and executed Change Notice utilizing Pool Dollars. Contractor must secure the lowest possible pricing for the Technology Refresh, minus any bulk purchase discounts as applicable, plus a not-to- exceed 15% markup for handling (e.g., purchasing and administration, setup/configuration, and removal of old replacement hardware). The not-to- exceed 15% markup is calculated based on actual equipment/software costs prior to the inclusion of sales/use tax.
3.5.4 Contractor must ensure that all key Solution components (hardware/software) for both the primary and secondary data centers remain under manufacturer and/or extended warranty throughout the entire Term of the Contract following Final Acceptance. Any Work performed as a result of Contractor’s failure to procure and maintain warranties for all key Solution components, will not be billable to the County.
3.5.5 The County and Contractor agree that Contractor will not be subject to Remedies (refer to Paragraph 6.0 (Remedies) of Exhibit C (Service Level Agreement) for any Downtime resulting from any Technology Refresh), provided Contractor is fully compliant with the agreed-upon processes described in the TRIS.
Technology Refresh. It is Contractor’s intent to provide Agency with Application Services which meet or exceed industry standards for the duration of the Contract. As such, subject to the terms and conditions of this Contract, Contractor shall use commercially reasonable efforts to upgrade the Application Services to support new frequencies, technologies, and services during the Contract term consistent with upgrades provided to other customers. Contractor has the right to upgrade the Software or Hardware and implement new technologies to better serve Agency and its end users, provided that (i) such actions by Contractor do not impair Agency's rights hereunder or result in any interference with Agency operations at the time of any upgrade; and (ii) such actions by Contractor are undertaken in accordance with and are governed by the terms of this Contract. In the event that Contractor’s upgrading of Hardware or Software or deployment of new technologies would involve changes or interference with Agency’s operations or Agency equipment or facilities used to access the Application, then Contractor shall request Agency's prior written approval, which will not be unreasonably withheld, conditioned, or delayed. Business Continuity Management and Disaster Recovery. Contractor shall deliver, maintain, and upgrade as necessary, Business Continuity Management and Disaster Recovery Plan and Procedures for the Application Services, acceptable to Agency. In the event of a disaster, Contractor shall comply with the provisions of and deliver the Application Service according to the Business Continuity Management and Disaster Recovery Plan and Procedures.
Technology Refresh. At the conclusion of the fifth year of the Contract following Final Acceptance, and every five years thereafter should the Contract be extended beyond the original Term, a Technology Refresh will occur. Contractor must provide to the County a refreshment strategy to ensure the RPS Solution will, at a minimum, meet the System performance requirements and ensure all hardware, software, and associated operating systems are fully supported. At the sole discretion of the County Project Director [Refer to Task 15 (Solution Maintenance and Support and 24/7 Help Desk Support) of Attachment A.1 (SOW Outline)], the Technology Refresh will be procured, delivered, and installed by Contractor as Optional Work, payable by the County utilizing Pool Dollars pursuant to Paragraph 3.3.4 (Optional Work) of the Contract. The actual date for the Hardware upgrade will be as negotiated by the parties.
Technology Refresh. IBM will refresh the information technologies components of the Services (including both hardware and software components) as specifically provided in the Agreement (including each Transaction Document). This Section 3.7 shall not ----------- affect or limit IBM's obligations or authority to perform the repair, maintenance and upgrade functions and services as set forth in the Agreement.
Technology Refresh. IBM will refresh the information technologies components of the Services (including both hardware and software components) as specifically provided in this Agreement. This Section 3.8 shall not affect or limit IBM’s obligations or authority to perform the repair, maintenance and upgrade functions and services as set forth in this Agreement.
Technology Refresh. At all times throughout the Term, HP-OMS shall upgrade or replace HP-OMS Hardware in accordance with the Technology Refresh Program.
Technology Refresh. At its expense (including the costs associated with disposing of displaced/outdated Assets), Provider will refresh the Assets in accordance with the refresh requirements and schedule set forth in the Asset Allocation Matrix and any additional terms set forth in a Service Agreement regarding refresh. To the extent expressly provided in the Asset Allocation Matrix, Provider agrees to maintain the Assets in accordance with manufacturer recommendations, industry standards and as necessary to ensure that such Assets have sufficient capacity to allow Provider to perform its responsibilities under the Service Agreements and achieve the Service Levels.
Technology Refresh. Each Party shall, and shall procure that its sub-contractors shall, keep the resources (including the hardware and software) used in providing its respective Services at a technological level that is comparable with the level of technological advancement generally being used by it in relation to any other exchanges or markets, or other customers, for which it provides services.
Technology Refresh. The Prime Contractor shall provide an effective Technology Refresh Policy that ensures relevant and timely upgrades and adheres to the manufactures standards and industry best practices, generally established as a two (2) to five (5) year usage cycle. The Policy shall protect all CTS equipment and infrastructure from obsolescence and the ability to meet expansion requirements. The Prime Contractor shall provide a plan for equipment and infrastructure upgrade to keep up with future application and user demands and prevent system failures and service interruptions. The Prime Contractor shall properly dispose of equipment including destruction of data by degaussing, using commercially available erasure tools, or physically destroying media (burn, melt, or securely shred). The Prime Contractor will be allowed to use the existing equipment and infrastructure supporting the existing IWTS with the understanding that an equipment refresh 2 years after contract award or as agreed to by CDCR will be required.
