Common use of Custom Programming Clause in Contracts

Custom Programming. MetroPCS shall have the right to request that Supplier develop Custom Programming including, without limitation, Interfaces. Within *** days following receipt of such request, Supplier shall notify MetroPCS in writing as to whether it will undertake such Custom Programming. If Supplier agrees to undertake such Custom Programming, Supplier shall within *** days following delivery of its initial notice to MetroPCS prepare and submit to MetroPCS a written response to MetroPCS’ Custom Programming request that includes: (a) the items required to be included in a Change Response, as described in Section 6.4; and (b) a description of the functionality, interoperability and performance characteristics of the requested Custom Programming. If MetroPCS issues a Purchase Order for the Custom Programming, Supplier shall prepare and submit to MetroPCS a Statement of Work in accordance with the requirements set forth in Section 2.2. If the parties execute a Statement of Work, and MetroPCS issues a Purchase Order for such Custom Programming, Supplier shall perform the Custom Programming project in accordance with the terms of such Statement of Work and this Agreement, including, without limitation, Section 9.8. MetroPCS shall have the right to terminate any Custom Programming project upon *** days written notice to Supplier, in which case: (a) Supplier promptly shall discontinue the terminated Custom Programming Services; (b) MetroPCS shall pay to Supplier ***; and (c) Supplier shall provide to MetroPCS any intermediate and/or partial versions of such Custom Programming and any related documentation resulting from such Custom Programming project.

Appears in 2 contracts

Sources: Master Procurement Agreement, Master Procurement Agreement (Metropcs Communications Inc)