Common use of Service Facilities Clause in Contracts

Service Facilities. The Services shall be provided at or from (i) the Kraft Facilities described on Schedule 7.1, (ii) the Supplier Facilities described in the applicable Supplement, or (iii) any other service location approved by Supplier and Kraft, including work performed remotely by Supplier Personnel using methods of remote access approved by Kraft according to procedures set forth in the Policy and Procedures Manual. Supplier may from time to time determine that the relocation by Supplier, its Affiliates or Subcontractors of the provision of a Service Function to a new Supplier Facility is necessary or desirable. In such event, Supplier shall notify Kraft of the location and timing of such relocation. Such notification shall include all information that Supplier reasonably believes is required for Kraft to determine whether the new location will result in: (A) increased costs to Kraft or the Eligible Recipients, (B) a negative impact to the Services or Service Levels, or (C) increased business (including public relations), operational or regulatory risk to Kraft or the Eligible Recipients. If Kraft requires additional information from Supplier in order to complete its evaluation, Kraft will notify Supplier, and Supplier will promptly provide such additional information. If Kraft reasonably believes that the new location will have such an impact, then Kraft will promptly provide Supplier with a list of Kraft’s concerns. Supplier will address those concerns before executing any such relocation. Supplier shall not proceed with such relocation until Kraft has determined that it will not have one of the effects described above. If Supplier believes that Kraft’s concerns are unfounded, Supplier may challenge Kraft’s determination according to the dispute resolution processes under Article 19 of this Agreement. Supplier agrees that help desk relocation will be more broadly subject to Kraft’s approval, which approval may be subject to sharing of cost savings associated with such relocation in the event the relocation is to a different country from the prior location. Kraft acknowledges and has approved the Supplier Facilities set forth on the applicable Supplement as of the Supplement Effective Date for the provision of the Services and scope thereof described therein. Supplier shall be financially responsible for all additional costs, Service Taxes (including telecom taxes) and property taxes or expenses related to or resulting from any Supplier-initiated relocation to a new or different Supplier Facility, including any costs or expenses incurred or experienced by Kraft or any Eligible Recipient as a result of such relocation.