Common use of Technology Refresh Clause in Contracts

Technology Refresh. 3.5.1 The parties will agree to a written Technology Refresh Implementation Strategy (TRIS) pursuant to Paragraph 1.1.13 (Technology Refresh Implementation Strategy) of Attachment A.1 (Tasks and Deliverables) to Exhibit A (Statement of Work). The TRIS will, among other things, be devised to minimize disruption to County operations. The Technology Refresh is intended to update key solution components (hardware/software) with the most contemporaneous and advanced technologies currently available. 3.5.2 At the conclusion of the fifth year of this Contract following Final Acceptance, the County and Contractor agree to conduct a hardware/software replacement (Technology Refresh) for all or any subset of the Solution components as determined solely by County Project Director. Presuming the Contract has been extended beyond the current Term by the County, a Technology Refresh will be implemented every five years thereafter. Notwithstanding, the County makes no guarantee that the Technology Refresh(es) will occur, nor does the County guarantee that the Technology Refresh will be conducted in one single deployment during the Term of this Contract. 3.5.3 The cost for the Technology Refresh will be borne by the County by means of an approved and executed Change Notice utilizing Pool Dollars. Contractor must secure the lowest possible pricing for the Technology Refresh, minus any bulk purchase discounts as applicable, plus a not-to- exceed 15% markup for handling (e.g., purchasing and administration, setup/configuration, and removal of old replacement hardware). The not-to- exceed 15% markup is calculated based on actual equipment/software costs prior to the inclusion of sales/use tax. 3.5.4 Contractor must ensure that all key Solution components (hardware/software) for both the primary and secondary data centers remain under manufacturer and/or extended warranty throughout the entire Term of the Contract following Final Acceptance. Any Work performed as a result of Contractor’s failure to procure and maintain warranties for all key Solution components, will not be billable to the County. 3.5.5 The County and Contractor agree that Contractor will not be subject to Remedies (refer to Paragraph 6.0 (Remedies) of Exhibit C (Service Level Agreement) for any Downtime resulting from any Technology Refresh), provided Contractor is fully compliant with the agreed-upon processes described in the TRIS.

Technology Refresh. 3.5.1 The parties will agree to a written Technology Refresh Implementation Strategy (TRIS) pursuant to Paragraph 1.1.13 (Technology Refresh Implementation Strategy) of Attachment A.1 (Tasks and Deliverables) to Exhibit A (Statement of Work). The TRIS will, among other things, be devised to minimize disruption to County operations. The Technology Refresh is intended to update key solution components (hardware/software) with the most contemporaneous and advanced technologies currently available. 3.5.2 At the conclusion of the fifth year of this Contract (the end of the first Option Term) following Final Acceptance, the County and Contractor agree to conduct a hardware/software replacement (Technology Refresh) for all or any subset of the Solution components as determined solely by County Project Director. Presuming the Contract has been extended beyond the current Term by the County, a Technology Refresh will be implemented every five years thereafter. Notwithstanding, the County makes no guarantee that the Technology Refresh(es) will occur, nor does the County guarantee that the Technology Refresh will be conducted in one single deployment during the Term of this Contract. 3.5.3 The cost for the Technology Refresh will be borne by the County by means of an approved and executed Change Notice Order utilizing Pool Dollars. Contractor must secure the lowest possible pricing for the Technology Refresh, minus any bulk purchase discounts as applicable, plus a not-to- to-exceed 15% markup for handling (e.g., purchasing and administration, setup/configuration, and removal of old replacement hardware). The not-to- to-exceed 15% markup is calculated based on actual equipment/software costs prior to the inclusion of sales/use tax. 3.5.4 Contractor must ensure that all key Solution components (hardware/software) for both the primary and secondary data centers remain under manufacturer and/or extended warranty throughout the entire Term of the Contract following Final Acceptance. Any Work performed as a result of Contractor’s failure to procure and maintain warranties for all key Solution components, will not be billable to the County. 3.5.5 The County and Contractor agree that Contractor will not be subject to Remedies (refer to Paragraph 6.0 (Remedies) of Exhibit C (Service Level Agreement) for any Downtime resulting from any Technology Refresh), provided Contractor is fully compliant with the agreed-upon processes described in the TRIS.

Technology Refresh. 3.5.1 The parties will agree to a written Technology Refresh Implementation Strategy (TRIS) pursuant to Paragraph 1.1.13 (Technology Refresh Implementation Strategy) of Attachment A.1 (Tasks and Deliverables) to Exhibit A (Statement of Work). The TRIS will, among other things, be devised to minimize disruption to County operations. The Technology Refresh is intended to update key solution Solution components (hardware/software) with the most contemporaneous and advanced technologies currently available. 3.5.2 At the conclusion of the fifth year of this Contract following Final Acceptance, the County and Contractor agree to conduct a hardware/software replacement (Technology Refresh) for all or any subset of the Solution components as determined solely by County Project Director. Presuming the Contract has been extended beyond the current Term by the County, a Technology Refresh will be implemented every five years thereafter. Notwithstanding, the County makes no guarantee that the Technology Refresh(es) will occur, nor does the County guarantee that the Technology Refresh will be conducted in one single deployment during the Term of this Contract. 3.5.3 The cost for the Technology Refresh will be borne by the County by means of an approved and executed Change Notice utilizing Pool Dollars. Contractor must secure the lowest possible pricing for the Technology Refresh, minus any bulk purchase discounts as applicable, plus a not-to- exceed 155% markup for handling (e.g., purchasing and administration, setup/configuration, and removal of old replacement hardware). The not-to- exceed 155% markup is calculated based on actual equipment/software costs prior to the inclusion of sales/use tax. 3.5.4 Contractor must ensure that all key Solution components (hardware/software) for both the primary and secondary data centers remain under manufacturer and/or extended warranty throughout the entire Term of the Contract following Final Acceptance. Any Work performed as a result of Contractor’s failure to procure and maintain warranties for all key Solution components, will not be billable to the County. 3.5.5 The County and Contractor agree that Contractor will not be subject to Remedies (refer to Paragraph 6.0 (Remedies) of Exhibit C (Service Level Agreement) for any Downtime resulting from any Technology Refresh), provided Contractor is fully compliant with the agreed-upon processes described in the TRIS.

Technology Refresh. 3.5.1 The parties will agree to a written Technology Refresh Implementation Strategy (TRIS) pursuant to Paragraph 1.1.13 Task 1 (Technology Refresh Implementation StrategyProject Plan and Management) of Attachment A.1 (Tasks and DeliverablesSOW Outline) to Exhibit A (Statement of WorkWork - General). The TRIS will, among other things, be devised to minimize disruption to County operations. The Technology Refresh is intended to update key solution components (hardware/software) with the most contemporaneous and advanced technologies currently available. 3.5.2 At the conclusion of the fifth year of this Contract (the end of the initial Term) following Final Acceptance, the County and Contractor agree to conduct a hardware/software replacement (Technology Refresh) for all or any subset of the Solution components as determined solely by County Project Director. Presuming the this Contract has been extended beyond the current Term by the County, a Technology Refresh will be implemented every five years thereafter. Notwithstanding, the County makes no guarantee that the Technology Refresh(es) will occur, nor does the County guarantee that the Technology Refresh will be conducted in one single deployment during the Term of this Contract. 3.5.3 The cost for the Technology Refresh will be borne by the County by means of an approved and executed Change Notice utilizing Pool Dollars. Contractor must secure the lowest possible pricing for the Technology Refresh, minus any bulk purchase discounts as applicable, plus a not-to- exceed 15% markup for handling (e.g., purchasing and administration, setup/configuration, and removal of old replacement hardware). The not-to- exceed 15% markup is calculated based on actual equipment/software costs prior to the inclusion of sales/use tax. 3.5.4 Contractor must ensure that all key Solution components (hardware/software) for both the primary and secondary data centers remain under manufacturer and/or extended warranty throughout the entire Term of the this Contract following Final Acceptance. Any Work performed as a result of Contractor’s failure to procure and maintain warranties for all key Solution components, will not be billable to the County. 3.5.5 The County and Contractor agree that Contractor will not be subject to Remedies (refer to Paragraph 6.0 (Remedies) of Exhibit C (Service Level Agreement) remedies for any Downtime resulting from any Technology Refresh), provided Contractor is fully compliant with the agreed-upon processes described in the TRIS.