Common use of Technology Refresh Clause in Contracts

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. It is Contractor’s intent to provide Agency with Application Subscription Services which meet or exceed industry standards for the duration of the Contract. As such, and subject to the terms and conditions of this Contract, Contractor shall use commercially reasonable efforts to upgrade the Application Subscription Services to support new frequencies, technologies, and services during the Contract term consistent with upgrades provided to its 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 ApplicationSubscription Services, 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, deliver and upgrade as necessary, maintain Business Continuity Management and Disaster Recovery Plan and Procedures for the Application Services, Subscription Services that are acceptable to Agency. In the event of a disaster, Contractor shall comply with the provisions of and deliver the Application Service Services according to the Business Continuity Management and Disaster Recovery Plan and Procedures.

Technology Refresh. It is Contractor’s intent to provide Agency with Application Subscription 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 Subscription 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, deliver and upgrade as necessary, maintain Business Continuity Management and Disaster Recovery Plan and Procedures for the Application Services, Subscription Services that are acceptable to Agency. In the event of a disaster, Contractor shall comply with the provisions of and deliver the Application Service Services according to the Business Continuity Management and Disaster Recovery Plan and Procedures.