Common use of Changes in Functionality Clause in Contracts

Changes in Functionality. During the term of the Contract, Contractor shall not reduce or eliminate functionality in the Services. Where Contractor has reduced or eliminated functionality in the Services, Enterprise Services, at Enterprise Services’ sole election and in Enterprise Services’ sole determination, shall: (a) have, in addition to any other rights and remedies under this Contract or at law, the right to immediately terminate this Contract and be entitled to a return of any prepaid fees; or, (b) determine the value of the reduced or eliminated functionality and Contractor will immediately adjust the Services fees accordingly on a prospective basis. If improved features or versions (e.g., patches, bug fixes, updates or releases) are made available to other Services’ users at no additional cost, Contractor also shall make such improved features or versions available to Purchasers at no additional cost and with the same rights, obligations and limitations as for the Services.

Appears in 2 contracts

Sources: Statewide Contract, Statewide Contract