Common use of Modification and Substitution Clause in Contracts

Modification and Substitution. Supplier may terminate, shorten or extend the Software licenses, Equipment Leases and Third Party Contracts held by ABM for which Supplier is financially responsible under Schedules E and J.1 of this Agreement and, subject to Section 9.12, may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by ABM, such change(s) (i) shall not constitute a breach of any obligation of ABM or the Eligible Recipients under such Software licenses, Equipment leases or Third Party Contracts, (ii) shall not result in additional financial obligations, financial or operational risk or damages to ABM or the Eligible Recipients; (iii) shall not result in any increase to ABM or the Eligible Recipients in the cost of receiving the Services; and (iv) shall not provide for less favorable terms, conditions or prices for ABM or its designee following the expiration or termination of the Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases). Supplier’s rights under the immediate preceding sentence are conditioned upon Supplier paying all applicable termination or cancellation charges, damages and other amounts associated with such action. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without ABM’s prior written consent any license for Third Party Software either created exclusively for ABM or the Eligible Recipients or otherwise not commercially available. Supplier shall reimburse ABM and the Eligible Recipient(s) for any termination charges, cancellation charges, or other amounts paid by them at Supplier’s direction in connection with obtaining any such modification.

Modification and Substitution. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without CoreLogic’s prior written consent any license for Third Party Software either created exclusively for the Eligible Recipients or their customers or otherwise not commercially available. Supplier shall reimburse the Eligible Recipient(s) for any termination charges, cancellation charges or other amounts paid by them at Supplier’s direction in connection with obtaining any such modification. Supplier may terminate, shorten shorten, modify or extend the Software licenses, Equipment Leases and Third Party Contracts held by ABM assigned to Supplier and for which Supplier is financially responsible under Schedules E and J.1 of this Agreement and, subject to Section 9.12, may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by ABMCoreLogic, such change(s) (i) shall not constitute a breach of any obligation of ABM or the Eligible Recipients under such Software licenses, Equipment leases or Third Party Contracts, ; (ii) shall not result in additional financial obligations, financial or operational risk or damages Losses to ABM or the Eligible Recipients; (iii) shall not result in any increase to ABM or the Eligible Recipients in the cost of receiving the Services; and (iv) shall not provide for less favorable terms, conditions or prices for ABM or its designee any Eligible Recipients and/or their respective designee(s) following the expiration or termination of the Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases). Supplier’s rights under the immediate preceding sentence are conditioned upon Supplier paying all applicable termination or cancellation charges, damages and other amounts associated with unless CoreLogic has otherwise agreed that such action. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without ABM’s prior written consent any license for Third Party Software either created exclusively for ABM or the Eligible Recipients or otherwise Contract is not commercially available. Supplier shall reimburse ABM and the Eligible Recipient(s) for any termination charges, cancellation charges, or other amounts paid by them at Supplier’s direction in connection with obtaining any such modificationassumable.

Modification and Substitution. Supplier may terminate, shorten shorten, modify or extend the Software licenses, Equipment Leases licenses and Third Party Contracts held by ABM Allianz for which Supplier is financially responsible under Schedules E and J.1 Attachment 4-B of this Agreement the applicable Subscription Agreement, Service Description or Statement of Work and, subject to Section 9.129.13, may substitute or change suppliers relating to the applicable vendors for goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by ABMAllianz, such change(s) (i) shall not constitute a breach of any obligation of ABM Allianz or the Eligible Recipients under such Software licenses, Equipment leases licenses or Third Party Contracts, (ii) shall not result in additional financial obligations, financial or operational risk or damages losses to ABM Allianz or the Eligible Recipients; (iii) shall not result in any increase to ABM Allianz or the Eligible Recipients in the cost of receiving the Services; and (iv) if assumable by Allianz or the Eligible Recipients, shall not provide for less favorable terms, conditions or prices for ABM or its designee Allianz, following the expiration or termination of the Term of this Agreement, or the applicable Subscription Agreement, Service Description or Statement of Work Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases). Supplier’s rights under the immediate preceding sentence are conditioned upon Supplier paying being financially responsible for all applicable termination or cancellation charges, damages and other amounts due to the applicable vendor associated with such actionaction and Supplier indemnifying Allianz and the Eligible Recipients against any such charges, damages or other amounts associated therewith. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without ABMAllianz’s prior written consent any license for Third Party Software either created exclusively for ABM Allianz or the Eligible Recipients or otherwise not commercially available. Supplier shall reimburse ABM and the Eligible Recipient(s) for any termination charges, cancellation charges, or other amounts paid by them at Supplier’s direction in connection with obtaining any such modification.

Modification and Substitution. Supplier may terminate, shorten shorten, modify or extend the Software licenses, Equipment Leases and Third Party Contracts held by ABM for which Supplier is financially responsible under Schedules E and J.1 of this Agreement and, subject to Section 9.12, may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by ABMthe Eligible Recipient, such change(s) (i) shall not constitute a breach of any obligation of ABM or the Eligible Recipients under such Software licenses, Equipment leases or Third Party Contracts, Recipients; (ii) shall not result in additional financial obligations, financial or operational risk or damages [**] to ABM or the Eligible Recipients; (iii) shall not result in any increase [**] to ABM or the Eligible Recipients in the cost of receiving the Services[**]; and (iv) shall not provide for less favorable terms, conditions or prices for ABM or its designee any Eligible Recipients and/or their respective designee(s) following the expiration or termination of the Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases), unless such Third Party Contract is not assignable to the Eligible Recipient after expiration or termination of the Term of any applicable service and the Eligible Recipient agrees that such Third Party Contract is not assignable. Supplier’s rights under the immediate immediately preceding sentence are conditioned upon Supplier paying all applicable termination or cancellation charges, damages Losses and other amounts due to the applicable third party associated with such actionaction and indemnifying the Eligible Recipients against any such charges, Losses or other amounts associated therewith. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without ABMthe Eligible Recipient’s prior written consent any license for Third Party Software either created exclusively for ABM or the an Eligible Recipients Recipient or otherwise not commercially available. Supplier shall reimburse ABM and the Eligible Recipient(s) Recipients for any termination charges, cancellation charges, charges or other amounts paid by them at Supplier’s direction in connection with obtaining any Third Party Contracts. Notwithstanding the foregoing, with respect to all Third Party Contracts used by Supplier to provide Services that were entered into in connection with the Legacy Agreement, any noncompliance with Section 6.5, shall be deemed to have been approved by Ascension Health and the applicable Eligible Recipients provided that if Supplier renegotiates, extends, modifies or amends any such modificationagreement, Supplier shall be required to conform such Third Party Contract to the requirements of this Agreement, unless otherwise approved by Ascension Health or the applicable Eligible Recipient.

Modification and Substitution. Supplier may terminate, shorten or extend the Software licenses, Equipment Leases licenses and Third Party Contracts held by ABM for which Supplier is financially responsible under Schedules E and J.1 of this Agreement and, subject to Section 9.12, may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by ABM, such change(s) (i) shall not constitute a breach of any obligation of ABM or the Eligible Recipients under such Software licenses, Equipment leases or Third Party Contracts, (ii) shall not result in additional financial obligations, financial or operational risk or damages to ABM or the Eligible Recipients; (iii) shall not result in any increase to ABM or the Eligible Recipients in the cost of receiving the Services; and (iv) shall not provide for less favorable terms, conditions or prices for ABM or its designee following the expiration or termination of the Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases). Supplier’s rights under the immediate preceding sentence are conditioned upon Supplier paying all applicable termination or cancellation charges, damages and other amounts associated with such action. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without ABM’s prior written consent any license for Third Party Software either created exclusively for ABM or the Eligible Recipients or otherwise not commercially available. Supplier shall reimburse ABM and the Eligible Recipient(s) for any termination charges, cancellation charges, or other amounts paid by them at Supplier’s direction in connection with obtaining any such modification.