Alternative Technology. Add the following as Section 6.10: In the event that anytime during the Term of this Agreement and any renewal periods Clar▇ ▇▇▇cts to migrate a significant portion (10% or more of the Original Baseline quantity for CPU minutes) or the host based applications and processing provided under this Agreement to an alternative technology (e.g., client server) and ISSC is selected as the supplier of such alternative technology solution, then, ISSC will reprice the Services, upon Clar▇'▇ ▇▇▇ification that the migration is complete, at the reduced resource usage levels using the then current pricing methodology or the pricing methodology used to price the resources being delivered under this Amendment #2, whichever is most beneficial to Clar▇. ▇lar▇ ▇▇▇ provide up lo a maximum of 15% of the resources required to implement the new solution subject to the following exclusions: a) Clar▇ ▇▇▇ use any Clar▇ ▇▇ Clar▇ ▇▇▇iliate resource(s) (software, hardware or personnel) that is owned, leased, licensed or on Clar▇ ▇ ▇ayroll as or the Amendment date and the value of such resource(s) will not be counted toward the 15% limitation referenced above; b) Clar▇ ▇▇▇ use any Clar▇ ▇▇ Clar▇ ▇▇▇iliate resource(s) (software, hardware or personnel) that is owned, leased, licensed or on Clar▇'▇ ▇▇▇roll more than 24 months prior to selecting ISSC as the solutions provider and the value or such resource(s) will not be counted toward the 15% limitation referenced above; and c) Software function(s) owned or licensed by Clar▇ ▇▇ Clar▇ ▇▇▇iliate and existing as or the Amendment Date or more than 24 months prior to selecting ISSC as the solutions provider which can be migrated from the host environment to the Alternative Technology platform may be included in the solution and the value of such software function(s) will not be counted toward the 15% limitation referenced above. Should Clar▇ ▇▇▇ide to provide the services internally or select another vendor to provide the services, then the credit for reduction in resources would be subject to other applicable provisions of the Agreement.
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Sources: Master Software License and Service Agreement (Clark Material Handling Co)
Alternative Technology. Add the following as Section 6.10: In the event that anytime during the Term of this Agreement and any renewal periods Clar▇ ▇▇▇cts to migrate a significant portion (10% or more of the Original Baseline quantity for CPU minutes) or of the host based applications and processing provided under this Agreement to an alternative technology (e.g., client server) and ISSC is selected as the supplier of such alternative technology solution, then, ISSC will reprice the Services, upon Clar▇'▇ ▇▇▇ification that the migration is complete, at the reduced resource usage levels using the then current pricing methodology or the pricing methodology used to price the resources being delivered under this Amendment #2, whichever is most beneficial to Clar▇. ▇lar▇ ▇▇▇ provide up lo to a maximum of 15% of the resources required to implement the new solution subject to the following exclusions:
a) Clar▇ ▇▇▇ use any Clar▇ ▇▇ Clar▇ ▇▇▇iliate resource(s) (software, hardware or personnel) that is owned, leased, licensed or on Clar▇'▇ ▇ ▇ayroll payroll as or of the Amendment date and the value of such resource(s) will not be counted toward the 15% limitation referenced above;
b) Clar▇ ▇▇▇ use any Clar▇ ▇▇ Clar▇ ▇▇▇iliate resource(s) (software, hardware or personnel) that is owned, leased, licensed or on Clar▇'▇ ▇▇▇roll payroll more than 24 months prior to selecting ISSC as the solutions provider and the value or of such resource(s) will not be counted toward the 15% limitation referenced above; and
c) Software function(s) owned or licensed by Clar▇ ▇▇ Clar▇ ▇▇▇iliate and existing as or of the Amendment Date or more than 24 months prior to selecting ISSC as the solutions provider which can be migrated from the host environment to the Alternative Technology platform may be included in the solution and the value of such software function(s) will not be counted toward the 15% limitation referenced above. Should Clar▇ ▇▇▇ide to provide the services internally or select another vendor to provide the services, then the credit for reduction in resources would be subject to other applicable provisions of the Agreement.
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