IBM CONTRACTS Clause Samples
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IBM CONTRACTS. With regard to any IBM Contracts, the parties hereby agree that all such contracts shall terminate on the Services Start Date. On termination of any IBM Contract:
4.3.1 its subject matter shall form part of the Services at no extra charge to ntl; and
4.3.2 on termination or expiry of this Agreement ntl shall obtain (at its sole option) the benefit of either: (i) the commercial terms of the applicable IBM Contract or (ii) these Terms and Conditions, taking account of changes in pricing over the period since when the IBM Contract was terminated.
IBM CONTRACTS. IBM Contracts means all agreements now or hereafter entered into by and between Borrower and IBM relating to services provided by Borrower to IBM using, relating to or arising under the Equipment, including to, but not limited to, the Customer Solutions Agreement and the Statement of Work.
IBM CONTRACTS. The First Tennessee Loan Documents and the IBM Contracts set forth the entire agreement and understanding of the parties thereto relating to the subject matter thereof, and there are no other agreements, arrangements or understandings, written or oral, relating to the matters covered thereby.
IBM CONTRACTS. Until Buyer is able to obtain consent from IBM for an assignment of the IBM Messaging Alliance Agreement, Amendment 11 to IBM Messaging Alliance Agreement, IBM Post Option Services Agreement and IBM Dispute Resolution dated 12/23/96 (collectively, the "IBM Contracts"), Seller shall subcontract with Buyer under the terms of the IBM Contracts until the end of the respective current terms of the IBM Contracts, and Buyer agrees to perform the IBM Contracts in accordance with their respective terms. Seller shall pay over to Buyer, to the extent collected by Seller, (i) any revenues with respect to the IBM Contracts recognized after the Effective Date, including all royalties and all payments to support staffing received from IBM ("N=10 Program"), and (ii) 25% of the monthly maintenance revenue recognized by Seller after the Effective Date, including maintenance fees paid to Seller prior to the Effective Date. Following the assignment of the IBM Contracts to Buyer, Seller shall pay to Buyer, to the extent collected by Seller, in a lump sum, all remaining unrecognized maintenance revenue related to the IBM Contracts.