Upgrades and Replacements Sample Clauses
The "Upgrades and Replacements" clause defines the rights and obligations of the parties regarding the improvement or substitution of products, equipment, or services covered by the agreement. Typically, this clause outlines the conditions under which the supplier may provide upgraded or replacement items, such as when existing products become obsolete or require enhancement, and may specify whether additional costs apply or if the customer must approve such changes. Its core practical function is to ensure that the products or services remain current and functional throughout the contract term, thereby addressing issues of obsolescence and maintaining service quality.
Upgrades and Replacements. The Company shall, at its own expense, keep the Broadband Network updated in order to take advantage of technology improvements and in order to ensure that its service offerings are competitive in the rural wireless broadband consumer marketplace. When reasonable, the Company shall upgrade its system speeds as necessary to compete with similarly situated wireless broadband service providers in the portions of the wireless broadband market served by Company in the Counties, and to ensure that its end users have competitive product offerings. Furthermore, the Company shall make upgrades to the Broadband Network so that the Broadband Network will be at parity with other Comparable Services and with the upgrades performed in other comparable localities in which Company operates wireless broadband internet access networks.
Upgrades and Replacements. Subject to any applicable obligations of LIFFE pursuant to any Managed Services Agreement entered into by the Parties, nothing herein shall require LIFFE to (a) create any Upgrades or provide any Replacements; (b) deliver or license to the CBOT for use and/or access as "Licensed Technology" any modifications, enhancements, improvements or additions to the Licensed Technology as LIFFE may choose to create; or (c) provide to the CBOT for use and/or access as "Equipment" hereunder any replacements, modifications, enhancements, improvements or additions to the Equipment.
Upgrades and Replacements. Except as expressly provided in this Agreement, nothing herein shall require LIFFE to (a) create any Upgrades or procure or provide any Replacements; (b) deliver or license to the CBOT for use and/or access as "Licensed Technology" any modifications, enhancements, improvements or additions to the Licensed Technology as LIFFE may choose to create; or (c) provide to the CBOT for use and/or access as "Equipment" hereunder any replacements, modifications, enhancements, improvements or additions to the Equipment.
Upgrades and Replacements. Limited Brands will perform upgrades to and may, in its sole discretion, implement replacements of the software applications and systems software used by the Company (those applications listed in Appendix D-1 and D-2 to Schedule II (Information Technology Services) to the Prior Agreement) in conjunction with the implementation of such upgrades or replacements either (a) for Limited Entities generally; or (b) with respect to any other Limited Entities that have similar or the same software; or (c) as necessary for continued supportability of the Company’s applications. Limited Brands will use commercially reasonable efforts to minimize upgrades and replacements. Provided, however, that Limited Brands will continue to operate the Island Pacific software during the term of this Schedule I, subject to any election by the Company under Section 3. The Company has moved to the new Mast platform for wave 1. The Company participated in all training and all work necessary to ensure a smooth transition. The Company and Limited Brands worked together to facilitate wave 1 go-live in an orderly fashion. In connection with any Capital Investment which relates to an upgrade of the Limited Brands system(s) (as opposed to software) from time to time, Limited Brands shall notify the Company in advance of Limited Brands’ intent to make such Capital Investment, unless such upgrade results from an emergency or constitutes required maintenance to protect and/or preserve the system(s). Within thirty (30) days after the Company’s receipt of such a notice, the Company shall either (i) agree to such Capital Investment and reimburse Limited Brands for its allocable portion of the cost thereof in accordance with Section 3.08 of the Agreement or (ii) reject such Capital Investment and convert to or modify its own system, at its sole cost and expense. If the Company shall fail to respond to any such notice or to convert to or modify its own system within said thirty (30) day period, then the Company shall be obligated to participate in such Capital Investment and to reimburse Limited Brands for its allocable portion of the cost thereof in accordance with Section 3.08 of the Agreement, it being understood that under no circumstances shall Limited Brands be required to maintain any then-existing or prior system solely for benefit of the Company or to delay any system(s) upgrade in order to allow the Company to make an election regarding a Capital Investment pursuant hereto.