VSAT Data Network Sample Clauses

VSAT Data Network. (1) As part of the Designated Services and in accordance with Exhibit 1 to Schedule E, IBMGS-US shall design, implement, manage, and maintain all the Machines, associated attachments, features and accessories, Software, lines and cabling, including (i) lines, (ii) interface and transmission equipment, and (iii) satellite or circuit capacity used to connect and transmit data between the Lexington Data Center and the Service Locations listed in Schedule I which are identified as requiring VSAT Data Network connectivity (the "VSAT Data Network"). (2) Upon Eckerd's approval, IBMGS-US shall arrange for or obtain replacements, upgrades or additions for the VSAT Data Network. All such replacements, upgrades or additions (other than those replacements, upgrades or additions resulting from maintenance by IBMGS-US in the course of normal operations pursuant to this Agreement), together with any other changes to the VSAT Data Network requested by Eckerd, shall be deemed New Services in accordance with Section 6.01. In the event that (i) IBMGS-US makes such a request in order to continue to provide the Services in accordance with the Performance Standards, (ii) such request is the result of a change in the amount or method of delivery of the Services, and (iii) Eckerd withholds its approval, IBMGS-US shall be excused from any failure to meet the applicable Performance Standards occurring after Eckerd's disapproval to the extent such failure is caused by such replacement, upgrade or addition not being implemented as requested by IBMGS-US. (3) Consents with respect to any facilities owned or leased by Eckerd necessary to install the VSAT Data Network equipment required to effect connectivity shall be Eckerd Consents and shall be obtained by Eckerd. (4) As part of the Designated Services, IBMGS-US shall provide to Eckerd the network control services described in Schedule E for the Machines attached to the host environment and the VSAT Data Network. (5) Eckerd may, at any time after the Commencement Date and from time to time, elect to assume responsibility for a task provided or supported by the VSAT Data Network. If as a result of the assumption of such task the number of IBMGS-US FTEs at the Corporate Campus required by IBMGS-US to perform the Services is reduced, IBMGS-US will, at Eckerd's option, either (a) provide to Eckerd an additional number of AM FTEs with salaries and benefits equivalent to the cost of the salaries and benefits of the FTEs so reduced and apply ...
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