Common use of Refresh Clause in Contracts

Refresh. At its expense, Supplier will Refresh Equipment in accordance with the timeframes and Refresh requirements set forth in the Exhibit 4.3 (Financial Responsibilities Matrix) and Exhibit 2 (Description of Services and Solution) to the Agreement. VITA may request Supplier to expedite or delay the Refresh of Equipment to a timeframe other than that provided in Exhibit 4.3 (Financial Responsibilities Matrix). Upon any such request Supplier will promptly prepare and deliver an assessment of the impact, if any, that any such delay or expedite would have on Service Levels, Charges or Supplier’s ability to otherwise deliver the Services. VITA will discuss such impacts with Supplier and agree upon any modifications to Supplier’s responsibilities, the Service Levels or Charges applicable in the case of any delay or acceleration of the Refresh. With respect to any Supplier Equipment or Software for which Refresh is not set forth in the Exhibit 4.3 (Financial Responsibilities Matrix), Supplier will Refresh such Equipment and Software as necessary to ensure that such Equipment and Software has sufficient capacity and capabilities to allow Supplier to perform its obligations under this Agreement.