Common use of Deployment of Solution Clause in Contracts

Deployment of Solution. ‌ 1. Supplier Deployment of Solution The Solution fee includes initial deployment of the complete Solution. Supplier is required to deploy the Solution in accordance with the deployment schedule set forth on the order or SOW. Deployment shall include the installation of any Software Component and, if agreed, any hardware Component, of the Solution. Supplier shall conduct its standard appropriate diagnostic evaluation at the Authorized User’s user site to determine that the Solution is properly deployed and fully ready for productive use, and shall supply such Authorized User with a copy of the results of the diagnostic evaluation promptly after completion of deployment. Supplier agrees that failure to deploy the Solution in accordance with the delivery schedule in the applicable order or SOW shall constitute a material breach of this Contract resulting in damages to such Authorized User. As an estimate of the damages such Authorized User shall suffer, Supplier agrees to credit such Authorized User an amount equal to one percent (1%) of the total Solution fee, for each day after the scheduled deployment date that the Solution has not been deployed for a period of thirty (30) days following the agreed upon delivery date. If the delay lasts longer than thirty (30) days, such Authorized User may immediately cancel the order or SOW and collect damages for each day of that period of late delivery. Such Authorized User reserves any and all other remedies available at law or in equity for delays lasting longer than thirty (30) days or for non-deployment.

Appears in 1 contract

Sources: Information Technology Solution Contract

Deployment of Solution. 1. Supplier Deployment of Solution The Solution fee listed in Exhibit C includes initial deployment of the complete Solution. Supplier is required to shall deploy the Solution in accordance with the deployment schedule set forth on the applicable order or SOW. Deployment shall will include the installation of any Software Component and, if agreed, any Product or hardware Component, of the Solution. Supplier shall conduct its standard appropriate diagnostic evaluation at the Authorized User’s user site to determine that the Solution is properly deployed and fully ready for productive use, and shall supply such will provide the Authorized User with a copy of the results of the diagnostic evaluation promptly after completion of deployment. Supplier agrees that failure to deploy the Solution in accordance with the delivery schedule in the applicable order or SOW shall constitute constitutes a material breach of this Contract resulting in damages to such the Authorized User. As an estimate of the damages such the affected Authorized User shall will suffer, Supplier agrees to credit such Authorized User an amount equal to one XX[[Offeror to suggest]] percent (1%) XX%)[[Offeroro to suggest]] of the total Solution fee, for each day after the scheduled deployment date that the Solution has not been deployed for a period of thirty (30) days 30 calendar following the agreed upon delivery date. If the delay lasts longer than thirty (30) days30 calendar, such the affected Authorized User may immediately cancel the order or SOW and collect damages for each day of that period of late delivery. Such The affected Authorized User reserves may also pursue any and all other remedies available at law or in equity for delays lasting longer than thirty (30) days 30 calendar or for non-deployment.

Appears in 1 contract

Sources: It Services Agreement

Deployment of Solution. 1. Supplier Deployment of Solution The Solution fee includes initial deployment of the complete Solution. Supplier is required to deploy the Solution in accordance with the deployment schedule set forth on the order or SOW. Deployment shall include the installation of any Software Component and, if agreed, any hardware Component, of the Solution. Supplier shall conduct its standard appropriate diagnostic evaluation at the Authorized User’s user site to determine that the Solution is properly deployed and fully ready for productive use, and shall supply such Authorized User with a copy of the results of the diagnostic evaluation promptly after completion of deployment. Supplier agrees that failure to deploy the Solution in accordance with the delivery schedule in the applicable order or SOW shall constitute a material breach of this Contract resulting in damages to such Authorized User. As an estimate of the damages such Authorized User shall suffer, Supplier agrees to credit such Authorized User an amount equal to one three percent (13%) of the total Solution fee, for each day after the scheduled deployment date that the Solution has not been deployed for a period of thirty (30) days following the agreed upon delivery datedate or as otherwise negotiated in the Authorized User’s SOW. If the delay lasts longer than thirty (30) days, such Authorized User may immediately cancel the order or SOW and collect damages for each day of that period of late delivery. Such Authorized User reserves any and all other remedies available at law or in equity for delays lasting longer than thirty (30) days or for non-deployment.

Appears in 1 contract

Sources: Information Technology Solution Contract