Update Process Clause Samples
The Update Process clause defines the procedures and requirements for making changes or updates to a product, service, or agreement during its term. Typically, this clause outlines how updates will be communicated, the notice period required, and any approval or acceptance steps that must be followed by the parties involved. For example, it may specify that software updates will be provided automatically or that changes to service terms require written notice. The core function of this clause is to ensure that all parties are aware of and agree to modifications, thereby maintaining transparency and minimizing disputes over unexpected changes.
Update Process. 9.1. Fraxion shall use commercially reasonable efforts to monitor the Hosted Application(s) and related infrastructure for opportunities to address performance, availability and security issues; and at Fraxion’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Hosted Application(s) based on Fraxion innovation.
9.2. Fraxion’s update and release process, as updated from time to time, is described in Annexure C and Annexure D (the “Update Process”).
9.3. Customer shall upon notice comply with the Update Process and understands that only the latest release of the Hosted Application(s) contain the most current features, availability, performance and security, including software fixes.
9.4. Fraxion is not responsible for product defects or security issues affecting the Hosted Application(s) or failure to meet the Uptime SLA (defined in Annexure B) for Hosted Application(s) when Customer is not in compliance with the Update Process.
1. If service outages result in a failure of any production instance of a Hosted Application to meet an uptime availability requirement of 99.5% over a calendar month (“Uptime SLA”), Customer’s sole and exclusive remedy shall be a service credit equal to the greater of:
(a) Ten percent (10%) of the Hosting and Support Fees set forth in the applicable Order Form for the applicable Hosted Application for that calendar month; or
(b) The actual unavailability rate for that calendar month (as an example, if the Hosted Application has an uptime availability of 85% during a calendar month, then the service credit shall be fifteen percent (15%) of the applicable subscription fees for that calendar month).
2. The following events shall be excluded in calculating Uptime SLA:
(a) Planned maintenance windows, which are described in Annexure D; and
(b) Emergency maintenance (corrective maintenance as part of a system recovery following, for example, a security breach, the fixing of a critical bug/s or any other circumstance outside Fraxion's control) required to address an exigent situation with the Hosted Application that if not addressed on an emergency basis could result in Material harm to the Hosted Application. Fraxion shall provide advance notice of emergency maintenance via the Support Portal to the extent practicable.
(c) Any unavailability caused by circumstances beyond Fraxion’s reasonable control, including without limitation, unavailability due to Customer or its Users’ act...
Update Process. An update of the Comox Valley Regional Economic Development Strategic Plan was initiated in August 2012. It builds on the completed 2005 Economic Development Strategy and retains much of the structure of CVEDS' 2011 Work Plan. Elements of the update process include: Updated statistical analysis of the regional economy, labour market and demographics Extensive literature review of previous documents from the Comox Valley and Vancouver Island Workshops with the CVEDS Board in September and October 2012 and January 2013 (and an update presentation at the December 2012 Board meeting) Consultation meetings with industry groups and local government representatives in October and November 2012 Additional meetings with Town of Comox staff, a presentation at a Comox Committee of the Whole meeting and one-on-one meetings with Council members (in support of the Town of Comox Economic Development Plan that is part of the overall regional plan) Online business survey completed in November and December 2012 Initial draft report distributed to the Board and local government Chief Administrative Officers in January 2013 Final draft report distributed in February 2013 Presentation of final draft report to CVEDS Board on March 7, 2013 Public open house on March 18, 2013 Completion of final project report
Update Process. Coupa shall use commercially reasonable efforts to (1) monitor the Licensed Software and related infrastructure for opportunities to address performance; and (2) at Coupa’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Licensed Software based on Coupa innovation. Coupa will provide Updates in accordance with Coupa’s update and release process, as updated from time to time, which is described at: ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/en-us/products/release-notes/about-coupa-releases/release-policy (the “Update Process”). Customer understands that Technical Support is based on the provisions of Section 2 of the Agreement. Coupa is not responsible for product defects or security issues affecting the Licensed Software due to Customer’s noncompliance with the Update Process.