Unidentified Resources Sample Clauses
Unidentified Resources. The parties recognize that the lists of Services Equipment, and Software set forth in Schedule C may not be complete. For any Equipment or Software not identified in Schedule C and used to provide the Services (“Unidentified Resources”) the following shall apply: (i) each party shall notify the other party in writing as soon as it identifies any previously Unidentified Resources; (ii) until such Equipment or Software has been identified in Schedule C, Customer will provide Service Provider, to the extent permitted under the agreement with the respective third-party, with access to, and use and benefit of, the rights and benefits under any such Unidentified Resources, and Service Provider will cooperate with Customer to manage such Equipment and Software to provide the Services to the extent permitted under the agreement with the respective third-party; (iii) Service Provider will have no financial responsibility for any Customer Unidentified Resources except as required by the Master Transaction Agreement, but Service Provider and Customer will share financial responsibility, as an Allocated Cost, for any Service Provider Unidentified Resources; and (iv) upon identification by the parties, such Equipment or Software shall be considered by the parties for inclusion in the scope of Services and shall be added to Schedule C using the applicable Change Control Procedures. Service Provider and Customer will mutually determine which party shall be managerially and financially responsible for such Equipment or Software that is added to Schedule C using the applicable Change Control Procedures.
Unidentified Resources. (i) Equipment, Software and Third Party Service Contracts that are the subject of Articles 6 and 7 are listed in Schedules E, F and G. While the Parties intend that such schedules will be comprehensive, neither Party warrants the completeness or accuracy of such schedules.
(ii) During the Term, if either of the Parties discovers that any Equipment, Third Party Software or Third Party Service Contract is not identified in Schedules E, F and G, respectively ("Unidentified Resources"), and the equipment, software and services relating to such Unidentified Resources are within the scope of Services provided for in this Agreement, then such Party shall notify the other. Upon the disclosure of Unidentified Resources: (A) IBM shall be operationally and administratively responsible for a (formerly) Unidentified Resource on the same basis for which it is responsible for the most comparable analogous resource already listed in an applicable Schedule, (B) IBM shall be financially responsible for any identified Existing Leased Equipment that is IBM Logoed Equipment and any identified Systems Software, and IBM shall make appropriate payments to Empire to reflect such Equipment or Systems Software that is identified; (C) Empire shall be financially responsible for any identified Existing Owned Equipment; (D) IBM shall be administratively responsible, and Empire shall be financially responsible, for obtaining any necessary Required Consents for Unidentified Resources; and (E) such Unidentified Resources shall be added to the appropriate Schedule by amendment of this Agreement in accordance with Section 23.2. -20- Empire/IBM CONFIDENTIAL
(iii) With respect to any Unidentified Resources that are Straddle Agreements, the Parties shall work together in good faith to determine and implement the most appropriate, including the most cost effective, method of leveraging such Straddle Agreement for the benefit of both Parties, consistent with the foregoing provisions of this Section 6.6(b).
Unidentified Resources. 1. If it appears that an undertaking will affect a previously unidentified resource that may be eligible for inclusion in the NR or that may contribute to the NHL, or will affect a known contributing historic or cultural resource in an unanticipated manner, AFRH will stop any potentially harmful activities in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the resource until it concludes consultation with the SHPO.
2. If a discovered resource has not been previously included in or determined eligible for the NR and provisions for its treatment are not contained in the HPP, AFRH may assume that the resource is eligible for purposes of this Agreement.