Common use of Improved Technology Clause in Contracts

Improved Technology. Commencing on the Cutover Date and continuing throughout the Term and, if applicable, in accordance with the Change Control Procedure, Supplier shall: (a) provide the Services using application management methodologies and processes that (i) allows the PacifiCare Entities to take advantage of technological advances in order to facilitate PacifiCare's goal to remain competitive in the markets that the PacifiCare Entities serve, (ii) are at least current with the methodologies and processes that Supplier uses in providing services to its other customers who receive services substantially comparable to the Services, and (iii) are consistent with the current level of technology generally adopted from time to time in the PacifiCare Entities' industries; (b) jointly, with PacifiCare, continually identify and evaluate the least cost/highest benefit methods to implement technology advancements and improved application management methodologies and processes that represent advancements, improved methods, and processes in addition to the level of technology evolution, advancement and improvement otherwise contemplated by this Agreement (collectively, "IMPROVED TECHNOLOGY"); (c) implement such Improved Technology after obtaining PacifiCare's consent thereto (implementation of which shall be effectuated pursuant to Section 5.1, as agreed by the Parties); and (d) meet with PacifiCare, upon PacifiCare's request and at least once during every ninety (90)-day period, in accordance with the procedures agreed upon by the PacifiCare Supplier Relationship Manager and the Supplier Client Relationship Manager, to inform PacifiCare of any Improved Technology Supplier is developing or technology and application management trends or directions Supplier, in the ordinary course of its business, is aware of, that could reasonably be expected to have an impact on PacifiCare Entities' business, taking into consideration the PacifiCare Entities' use of the Services; provided that if the disclosure of any such Improved Technology are subject to binding nondisclosure agreements between Supplier and a third party, Supplier shall comply with such agreements and only provide information regarding such Improved Technology to the extent permitted by such agreements.

Improved Technology. Commencing on Throughout the Cutover Date and continuing throughout the Term and, if applicable, in accordance with the Change Control ProcedureTerm, Supplier shall: (a) maintain a level of technology used to provide the Services using application management methodologies and processes that (i) allows the PacifiCare Entities to take advantage of technological advances in order to facilitate PacifiCare's goal to remain competitive in the markets that the PacifiCare Entities serve, (ii) are is at least current with the methodologies and processes level of technology that Supplier uses in providing services to its other customers who receive services substantially comparable to the Services, and (iii) are consistent is at least current with the current level of technology generally adopted from time to time in the PacifiCare Entities' industries; provided that Supplier can maintain such level of technology through technology and resources available to Supplier that do not require a level of investment not otherwise made or contemplated by Supplier in providing services to similarly situated customers; (b) jointly, with PacifiCare, continually on an ongoing basis identify and evaluate the least cost/highest benefit methods to implement technology advancements and improved application management methodologies and processes that represent advancements, improved methods, and processes in addition to the level of technology evolution, advancement and improvement otherwise contemplated by this Agreement (collectively, "IMPROVED TECHNOLOGY"); (c) implement such Improved Technology after obtaining PacifiCare's consent thereto (implementation of which shall may be effectuated pursuant to Section 5.1, as agreed by the Parties); and (d) meet with PacifiCare, upon PacifiCare's request and at least once during every ninety (90)-day period, in accordance with the procedures agreed upon by the PacifiCare Supplier Relationship Manager and the Supplier Client Relationship Manager, Manager to inform PacifiCare of any Improved Technology new information technology Supplier is developing or information technology trends and application management trends or directions that Supplier, in the ordinary course of its business, is aware of, of and that could reasonably be expected to have an impact on the PacifiCare Entities' business, taking into consideration the PacifiCare Entities' use of the Services; provided that if the disclosure of any such Improved Technology are subject to binding nondisclosure agreements between Supplier and a third party, Supplier shall comply with such agreements and only provide information regarding such Improved Technology to the extent permitted by such agreements.