Technology Refresh Services Clause Samples
The Technology Refresh Services clause outlines the process and terms under which outdated or obsolete technology provided under an agreement will be updated or replaced with newer versions. Typically, this clause specifies the frequency of technology upgrades, the responsibilities of each party regarding the refresh, and any associated costs or scheduling requirements. Its core practical function is to ensure that the client consistently benefits from up-to-date technology, thereby minimizing the risks of obsolescence and maintaining operational efficiency.
Technology Refresh Services. 110.1 A. The financial responsibility of the Parties for Equipment and Software used in conjunction with the Services, including Refresh, if any, shall be as set forth in Exhibit C.7 (Financial Responsibility Matrix) and the operational responsibility for Refresh is set forth in Exhibit D.18 (Refresh).
Technology Refresh Services. Provider shall provide the Technology Refresh Services throughout the Term. In fulfilling its obligation to perform Technology Refresh Services, Provider shall provide the State with new assets or factory-reconditioned assets that are of a quality equal to or better than the original equipment specifications. Provider shall also provide such upgrades and replacements in accordance with manufacturer's recommendations at no additional cost to the State in accordance with Change Management in Section 4.2.1. Provider will implement technology refresh through the Service Center. With respect to Managed Assets, the Technology Refresh Services will involve checking with each manufacturer regarding software, firmware, and hardware upgrades. Where upgrades are covered by existing maintenance contracts or warranties, Provider will propose to the State that upgrades be implemented as soon as reasonably practicable. Where upgrades involve new costs, not included in Provider's pricing, then Provider will describe and the State will evaluate the upgrade features, benefits, and risks and may issue a Work Order.
Technology Refresh Services. A. Supplier shall provide all Services required to implement this Section 3.13 at no additional charge to Gap except to the extent included in Exhibit C (Fees and Resource Baseline) or as otherwise Approved in a Statement of Work. Supplier will upgrade and replace the Equipment and Software in accordance with the technical architecture and standards required pursuant to any Functional Service Area Statement of Work and timeframes in accordance with Exhibit D.18 (Refresh Schedule). The Services provided pursuant to this Section 3.13 are collectively referred to as “Refresh” and require Gap’s Approval prior to implementation. Supplier will implement the Refresh requirements in accordance with the schedule set forth in Exhibit D.18 (Refresh Schedule).
B. In performing all Refresh Services and unless otherwise required pursuant to a Functional Service Area Statement of Work or otherwise agreed to by the Parties in writing, Supplier shall first replace the oldest Equipment and Software based on the in-service date or age of each such item. The Refresh schedule for each Functional Service Area shall be determined in accordance with the timeframe and/or events specified in the applicable Functional Service Area Statement of Work, or as otherwise Approved by Gap. All Refresh Services shall be performed in accordance with the schedule, technical architecture standards and product catalogs required pursuant to the Functional Service Area Statements of Work. Gap reserves the right to Approve and modify the Refresh schedule based on its business requirements, subject to the Change Control Procedures set forth in Section 5 (Change Management) of Exhibit A.2 (Cross Functional Services).
C. The financial responsibility of the Parties for Equipment and Software used in conjunction with the Services, including Refresh, shall be as set forth in Exhibit C.7 (Financial Responsibility Matrix).
D. Supplier shall perform the Refresh in accordance with Exhibit D.18 (Refresh Schedule).
Technology Refresh Services. Throughout the Term, Supplier shall review at least once every twelve (12) calendar months the performance of the Assets and the County Systems to determine the need for a Refresh to the Assets
Technology Refresh Services. (a) Without limiting ALLIANCE-ONE's other obligations under the Set of Agreements, as part of the Services, ALLIANCE-ONE will exercise commercially reasonable efforts to realize efficiency enhancements to meet the Service Levels under the Set of Agreements.
(b) In providing the Services to Customer, ALLIANCE-ONE will perform the following:
(i) together with Customer, identify opportunities to implement new technology and business processes advantageous to Customer's business operations and ALLIANCE-ONE's and its Subcontractors' Service delivery operations;
(ii) procure the attendance of appropriately senior personnel to meet with Customer periodically, at least once a year or whenever significant actual developments occur, in order to inform Customer of any new technology, business process methodology, or technology trends and directions that ALLIANCE-ONE is developing or is otherwise aware of that could reasonably be expected to have an impact on Customer's businesses and ALLIANCE-ONE's Service delivery.
(c) ALLIANCE-ONE will make appropriate documentation, processes, procedures and, in accordance with Exhibit 1.3 - Change Management Procedures, the training available to Customer designed to position Customer's Personnel to accomplish sufficient knowledge retention is maintained within Customer throughout the Term in order to allow Customer to continuously understand its own processes, systems and applications.
