Common use of Maintenance, Support and Upgrades Clause in Contracts

Maintenance, Support and Upgrades. REAL D shall, during mutually agreed hours (and at the sole cost and expense of REAL D), maintain, repair and/or replace and support the REAL D System at each Auditorium to ensure that the REAL D System is fully functional and operational. REAL D shall promptly respond to Licensee’s request for maintenance, repair, replacement and/or support in a timely manner. REAL D shall promptly perform all software Upgrades as such Upgrades are released and shall promptly notify Licensee of hardware Upgrades, if any, and promptly perform such hardware Upgrades at such times as are mutually agreeable to the parties. [***] For purposes of this Section 2.2, the parties acknowledge and agree that (a) a service response by REAL D within four (4) hours of receipt of a service call from Licensee shall be deemed to be response in a timely manner, and (b) response in a timely manner may change as a result of the standards to be set by the Digital Cinema Initiative.

Maintenance, Support and Upgrades. REAL D RealD shall, during mutually agreed hours (and at the sole cost and expense of REAL DRealD), maintain, repair and/or replace maintain and support the REAL D RealD System at each Auditorium to ensure that the REAL D RealD System is fully functional and operational. REAL D RealD shall promptly respond to Licensee’s request for maintenance, repair, replacement and/or maintenance and support in a timely manner. REAL D RealD shall promptly perform all software Upgrades as such Upgrades are released and shall promptly notify Licensee of hardware Upgrades, if any, and promptly perform such hardware Upgrades at such times as are mutually agreeable to the parties. [***] For purposes of this Section 2.2, the parties acknowledge and agree that (a) a service response by REAL D RealD within four (4) hours of receipt of a service call from Licensee shall be deemed to be response in a timely manner, and (b) response in a timely manner may change as a result of the standards set from time to be set time by the industry group Digital Cinema InitiativeInitiatives, LLC.

Maintenance, Support and Upgrades. REAL D shall, during mutually agreed hours (and at the sole cost and expense of REAL D), maintain, repair and/or replace maintain and support the REAL D System at each Auditorium to ensure that the REAL D System is fully functional and operational. REAL D shall promptly respond to Licensee’s request for maintenance, repair, replacement and/or maintenance and support in a timely manner. REAL D shall promptly perform provide Licensee with all software Upgrades as such Upgrades are released and shall promptly notify Licensee of hardware Upgrades, if any, and promptly perform provide Licensee with such hardware Upgrades at such times as are mutually agreeable to the parties. [***] For purposes of this Section 2.2, the parties acknowledge and agree that (a) a service response by REAL D within four (4) hours of receipt of a service call from Licensee shall be deemed to be response in a timely manner, and (b) response in a timely manner may change as a result of the standards to be set by the Digital Cinema Initiative.