Common use of TECHNOLOGY OPTIMIZATION Clause in Contracts

TECHNOLOGY OPTIMIZATION. To ensure that state of the art technology is used in the performance of the Services, upon TRX’s written request, but not more than once in any twelve (12) month period, Siemens will, at no additional charge to TRX, review with TRX the technology used by Siemens in performing the Services, and technology available in the market. If execution of this review requires a study and investigation through an external agency, or inputs from external experts, and prior expressed written approval is received from TRX, these related external costs will be chargeable to TRX. If at any time new technology is available in the market that renders Siemens products and services obsolete or provides a substantially better way of conducting TRX’s business, Siemens shall make commercially-reasonable efforts to implement such technology, provided that TRX agrees to reimburse Siemens for the net book value of the abandoned equipment. Nothing in this Section shall authorize any change in this Agreement without the execution of a mutually agreeable amendment. Fee reductions resulting from technology optimization will be mutually agreed.