Customer Modifications. (a) Customer may modify its facilities, equipment, software, or other resources accessed which are used by Administrator in connection with performing the Services. Customer shall use reasonable efforts to consult with Administrator in advance about any such modifications that may impact Administrator’s performance hereunder. Administrator shall use reasonable efforts to identify promptly the impact on the Services of Customer’s proposed modifications. (b) To the extent Administrator would be required to incur any additional time or resources as a result of modifications proposed by Customer as described above, Administrator shall, via the Change Procedures, inform Customer of the estimated costs in connection with such modifications. If Customer implements such proposed modifications, Customer shall reimburse Administrator for the reasonable costs identified in writing by Administrator or as may otherwise be agreed via the Change Procedures in advance of Customer initiating such changes. [text deleted] (c) To the extent Customer modifies such facilities, equipment, software, or other resources accessed and used by Administrator in connection with performing the Services and does not inform Administrator in writing in advance as stated above, Customer shall pay Administrator on a time and materials basis at the rates set forth in the applicable Statement of Work for the reasonable costs incurred by Administrator modifying its software or other resources to the extent reasonably necessary to conform to Customer’s modifications and Administrator shall be excused from performing in accordance with this Agreement to the extent caused by Customer’s changes.
Appears in 1 contract
Sources: Master Services Agreement (Massachusetts Mutual Variable Annuity Separate Account 4)
Customer Modifications. (a) Customer may modify its facilities, equipment, software, or other resources accessed which are used by Administrator in connection with performing the Services. Customer shall use reasonable efforts to consult with Administrator in advance about any such modifications that may impact Administrator’s performance hereunder. Administrator shall use reasonable efforts to identify promptly the impact on the Services of Customer’s proposed modifications.
(b) To the extent Administrator would be required to incur any additional time or resources as a result of modifications proposed by Customer as described above, Administrator shall, via the Change Procedures, inform Customer of the estimated costs in connection with such modifications. If Customer implements such proposed modifications, Customer shall reimburse Administrator for the reasonable costs identified in writing by Administrator or as may otherwise be agreed via the Change Procedures in advance of Customer initiating such changes. [text deleted]AUS 429433v.17
(c) To the extent Customer modifies such facilities, equipment, software, or other resources accessed and used by Administrator in connection with performing the Services and does not inform Administrator in writing in advance as stated above, Customer shall pay Administrator on a time and materials basis at the rates set forth in the applicable Statement of Work for the reasonable costs incurred by Administrator modifying its software or other resources to the extent reasonably necessary to conform to Customer’s modifications and Administrator shall be excused from performing in accordance with this Agreement to the extent caused by Customer’s changes.
Appears in 1 contract
Sources: Master Services Agreement (Massachusetts Mutual Variable Annuity Separate Account 4)