Software Fixes. In the event that any Software Upgrade, Software Enhancement or Software Combined Release supplied by the Vendor during the Term of this Contract has the effect of preventing the System and/or any PCS System and/or any PCS Sub-System, as the case may be, or any part thereof from satisfying, or performing in accordance with the Specifications, the System Standards and/or Exhibit F or otherwise adversely affects the functionality or features of the System, any PCS System, any PCS Sub-System or any part thereof, then the Vendor will promptly retrofit or take such other corrective action (including the Installation of any additional Equipment, at the Vendor's sole cost and expense) as may be necessary to assure that the System, any such PCS System, any such PCS Sub-System or any such affected part thereof, as modified to include each such Software Upgrade, Software Enhancement or Software Combined Release, will satisfy, and perform in accordance with, the Specifications, the System Standards and/or Exhibit F and restore all pre-existing functionality and features, in each case without any cost or expense to the Owner (other than payment of the applicable Annual Release Maintenance Fees pursuant to the terms of this Contract). Notwithstanding anything contained in this subsection 12.4 to the contrary, the Owner will be responsible for the cost of any additional Equipment required to accommodate additional capacity, memory or processing requirements necessitated by any new Software feature contained in any such Software Enhancement or Software Combined Release." 10. Amendments to Section 13. Subsection 13.3 is hereby amended by making it subsection 13.3(a) and adding the following subsection 13.3(b) thereafter:
Appears in 2 contracts
Sources: Procurement and Services Contract (Sprint Spectrum Finance Corp), Procurement and Services Contract (Sprint Spectrum Finance Corp)