Common use of Modifications and Enhancements Clause in Contracts

Modifications and Enhancements. (a) Pegasus reserves the right to modify or enhance the Services, and related processes and procedures, at any time in its sole discretion, provided that (i) no such modification or enhancement affects the functionality of the Services in a material adverse manner, and (ii) Pegasus provides Customer, at no charge to Customer, the same training, if any, that is provided at no charge to its other customers receiving the same modification or enhancement, but in no event less than the training provided at no charge to customers receiving the same modification or enhancement; and (iii) Customer has the right to terminate the Agreement if Customer determines that such modification or enhancement affects the functionality of the Services in a material adverse manner, or will result in additional cost to Customer. Customer agrees to cooperate and will use commercially reasonable efforts to cause all Affiliates to cooperate with Pegasus in connection with any modification or enhancement of the Services. Pegasus will provide reasonable documentation relating to enhancements or modifications to the Services. Pegasus will not be obligated to provide, maintain or support any release or version of any Service other than the then-current release or version of such Service or the release or version immediately preceding the then-current release or version. (b) Pegasus will use commercially reasonable efforts to implement each new release and version of each Service in accordance with a mutually agreed implementation schedule and shall provide Customer with reasonable notice in the event of any delay in the implementation schedule; provided, however, Customer may not delay implementation of any new release or version of a Service beyond the release date of any subsequent release or version of such Service without Pegasus’ consent, which shall not be unreasonably withheld. Pegasus will provide Customer with thirty (30) days notice of any reasonable changes (due to upgrades, enhancements or discontinuing support) that Customer and/or Affiliates must make to their third-party hardware, software, equipment and communications capabilities and lines so that Customer and/or the Affiliates can continue to access and receive the Services; provided, however, Customer has the right to terminate the Agreement if it does not agree to any such changes.