Common use of Upgrade of System Clause in Contracts

Upgrade of System. In accordance with its performance of the Services, Pathnet shall, in its sole discretion and, at its own expense, upgrade the System and Equipment, and the System and Equipment operation policies and procedures, including, but not limited to, (i) replacing Equipment, (ii) adding newly available improved Equipment and (iii) modifying policies, procedures and specifications relating to the System, to conform such policies, procedures and specifications with new Technology or industry standards.

Upgrade of System. In accordance with its performance of the ServicesPathNet shall, Pathnet shallupon written notice to Incumbent, in its sole discretion anddiscretion, and at its own expense, and not as a change order, upgrade the System and Equipment, and the System and Equipment operation policies and procedures, including, but not limited to, (i) replacing Equipment, (ii) adding newly available improved Equipment and (iii) modifying policies, procedures and specifications relating to the System, to conform such policies, procedures and specifications with new Technology or industry standards.