Common use of Services Evolution Clause in Contracts

Services Evolution. (i) Acxiom shall cause the portion of the Services provided by *** to evolve and to be modified, enhanced, supplemented and replaced as necessary for such Services to keep pace with technological advances and advances in the methods of delivering services, where such advances are at the time pertinent for such Services to keep pace with the general use within the IT industry or among D&B’s customers or competitors. As an example, Services evolution shall include addition of *** Omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. D&B/Acxiom Confidential Information -16- functionality by Acxiom as this is made possible with new Equipment and Software utilized by Acxiom during the Term. Adjustments in Services in accordance with this Section 3.1(c) shall be deemed to be included within the scope of the Services to the same extent and in the same manner as if expressly described in this Agreement. (ii) Acxiom shall cause the portion of the Services that is not provided by *** to evolve and to be modified, enhanced, supplemented and replaced as necessary for such Services to keep pace with technological advances and advances in the methods of delivering services, where such advances are at the time pertinent for such Services to keep pace with the general use within the IT industry or among D&B’s customers or competitors; provided however, in no event shall this provision be interpreted to require that any Software used to provide the Services be more current than n-1 (where the “n” level of Software currency refers to the most current release of Software, and the “n-1” (n minus one) level of Software currency refers to the release that immediately precedes the most current release of Software). Adjustments in Services in accordance with this Section 3.1(c)(ii) shall be deemed to be included within the scope of the Services to the same extent and in the same manner as if expressly described in this Agreement.