Required Upgrades. (a) Customer acknowledges that vendors may develop products and services that do not consider or support EOL or MD Equipment or Software. These vendors may sell or mandate equipment or software upgrades to supported system which could cause service problems for EOL or MD Equipment or Software residing on Customer’s network. In these cases, vendors will support neither the EOL or MD Equipment or Software nor provide patches to correct issues resulting from these additions or changes.
Required Upgrades. DTN receives its market quotations and other news and financial information from various third-party providers. DTN shall have the right anytime during the License Term, in its sole discretion, to change the third-party providers of information for the Internet Services. As part of Maintenance Services, at no additional cost to DTN, but subject to the limitations set forth in Paragraph 4.6, SmartServ shall provide all modifications required to enable the Internet Software to operate in accordance with any new or modified system requirements specified by such third-party providers within the time periods specified in the contracts with such third-party providers, which shall not be less than thirty (30) days after receipt of notice from DTN of the new or modified system requirements.
Required Upgrades. Seller will cause [A] [B] the Computer, as delivered to Buyer, to have a clean install of the latest release of the Mac OS X operating system. 163 164
Required Upgrades. If Conwax Xxxxoration’s existing facilities are not adequate for interconnection, the Customer shall pay the cost of additional or reconfigured facilities prior to the installation or reconfiguration of the facilities.
Required Upgrades. The City shall install alterations, modifications, additions, and upgrades to any Item of Equipment that is required or supplied by Avista or necessary to comply with Law (collectively, “Required Upgrades”). Avista shall reimburse the City for the City’ s costs incurred in connection with making any Required Upgrades in amounts approved by Avista in advance.
Required Upgrades. If Customer has requested “no Upgrade” it may nevertheless be required to Upgrade if in the reasonable judgment of ServiceNow the Upgrade is necessary to maintain the availability, security or performance of the Subscription Service or the ability of ServiceNow to efficiently provide the Subscription Service, as follows:
Required Upgrades. You agree that should the method of electronic delivery change so as to require additional hardware, software, upgrades, plug-ins, security or other features that the system used by You will upgrade to the required standards, software applications or other feature(s). In the event You choose not to perform the required upgrades, You will immediately notify Us of Your election to resume postal delivery of Your Documents.
Required Upgrades. Licensee acknowledges that technological evolution and the demands of the User base will likely require the occasional upgrade of hardware and software systems. RGI will notify Licensee of required upgrades from time to time. Licensee shall promptly implement any such upgrades.
Required Upgrades. Notwithstanding anything in Section 7.01 (b) of Lease or this Workletter to the contrary, Landlord, at its sole cost and expense (and subject to inclusion in Operating Expenses to the extent permitted by Article Four of the Lease), shall be responsible for correcting any violations of Laws (including Title Ill of the ADA), as interpreted and enforced to apply to the exterior Common Areas of the Building as of the Delivery Date, to the extent such violations of Laws are existing as of the Delivery Date in the exterior Common Areas of the Building (with any such corrections referred to herein as the “Required Upgrades”). Landlord shall have the right to contest any alleged Required Upgrades in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law; provided that Landlord shall diligently prosecute any such contest and appeal. Landlord, after the exhaustion of any and all rights to appeal or contest, will make or pay for (as applicable) all Required Upgrades required in accordance with this Section. In the event that Tenant becomes aware of Required Upgrades, Tenant shall give prompt, written, reasonably detailed notice thereof to Landlord (“Upgrade Notice”). Following Landlord’s receipt of Tenant’s Upgrade Notice, Landlord shall use commercially reasonable and diligent efforts, subject to Landlord’s right to dispute or appeal, in good faith, the Required Upgrades as set forth above, to complete the Required Upgrades as soon as practicable following the date of receipt of Tenant’s Upgrade Notice. Landlord and Tenant agree to reasonably cooperate with each other in order to enable the Required Upgrades to be performed in a timely manner and with as little inconvenience to the construction of the Tenant Improvements as is reasonably possible, and Tenant agrees to use commercially reasonable efforts to continue its planning and construction of the Tenant Improvements during the period of such Required Upgrades to the extent practicable and permitted by Law. Provided that Landlord is proceeding with diligence to complete the Required Upgrades in accordance with the foregoing provisions, Landlord shall not be subject to any liability for any delays in completion of the Required Upgrades, nor shall Landlord be in default hereunder, nor shall such delay en...
Required Upgrades. From and after the Effective Date, if Operator reasonably believes that a Required Upgrade is needed with respect to all or any portion of the Facilities, then Operator shall provide written notice to Owner of such circumstance. Such written notice shall contain the following: (a) a description of the Midstream Asset(s) requiring such Required Upgrade, (b) the type of upgrade, modification, expansion or other similar improvement needed with respect to such Required Upgrade, (c) a description of the applicable Law or material Contract containing the requirements or obligations, as applicable, that such Required Upgrade is needed to satisfy, and (d) a good faith estimate of the costs and expenses of the design, construction, development, operation and maintenance of such Required Upgrade (including the incremental increase to the Fixed Operating Fee payable to the Operator attributable to such Required Upgrade, if any), including an estimated schedule of such costs and expenses.
