Common use of Updates and improvements Clause in Contracts

Updates and improvements. Gen-Probe shall make available to Roka, on a fully burdened cost plus 20% basis, for retrofitting or upgrading any Panther Instruments previously purchased by Roka from Gen-Probe, any modified or upgraded software, component or other improvement to the Panther Instruments developed during the Term which Gen-Probe has made generally available to the then outstanding Panther Instruments deployed in the field by Gen-Probe for Clinical Diagnostics; provided, however, that software upgrades that are released to correct errors or fix other software bugs shall be provided at no cost to Roka (except with respect to the installation thereof as described below). Notwithstanding the foregoing, (i) Roka shall be responsible for installing all such software updates (including labor costs associated with the installation of such software updates) on all Panther Instruments previously purchased by Roka hereunder and (ii) Roka shall be solely responsible for all costs associated with modifications or upgrades specifically requested by Roka or for features designed specifically for use in the Roka Field (it being understood that Gen-Probe shall have the absolute right to decline any such requests for modifications, upgrades or features from Roka). Gen-Probe shall make available to Roka on reasonable terms mutually agreed upon technical assistance as may be needed to implement any such improvements in Panther Instruments previously purchased by Roka on a fully burdened cost plus 20% basis.

Updates and improvements. Gen-Probe shall make available to Roka, on a fully burdened cost plus 20% basis[*], for retrofitting or upgrading any Panther Instruments previously purchased by Roka from Gen-Probe, any modified or upgraded software, component or other improvement to the Panther Instruments developed during the Term which Gen-Probe has made generally available to the then outstanding Panther Instruments deployed in the field by Gen-Probe for Clinical Diagnostics; provided, however, that software upgrades that are released to correct errors or fix other software bugs shall be provided at no cost to Roka (except with respect to the installation thereof as described below). Notwithstanding the foregoing, (i) Roka shall be responsible for installing all such software updates (including labor costs associated with the installation of such software updates) on all Panther Instruments previously purchased by Roka hereunder and (ii) Roka shall be solely responsible for all costs associated with modifications or upgrades specifically requested by Roka or for features designed specifically for use in the Roka Field (it being understood that Gen-Probe shall have the absolute right to decline any such requests for modifications, upgrades or features from Roka). Gen-Probe shall make available to Roka on reasonable terms mutually agreed upon technical assistance as may be needed to implement any such improvements in Panther Instruments previously purchased by Roka on a fully burdened cost plus 20% basis[*].

Updates and improvements. Gen-Probe shall make available to Roka, on a fully burdened cost plus 20% [*] basis, for retrofitting or upgrading any Panther Instruments previously purchased by Roka from Gen-Probe, any modified or upgraded software, component or other improvement to the Panther Instruments developed during the Term which Gen-Probe has made generally available to the then outstanding Panther Instruments deployed in the field by Gen-Probe for Clinical Diagnostics; provided, however, that software upgrades that are released to correct errors or fix other software bugs shall be provided at no cost to Roka (except with respect to the installation thereof as described below). Notwithstanding the foregoing, (i) Roka shall be responsible for installing all such software updates (including labor costs associated with the installation of such software updates) on all Panther Instruments previously purchased by Roka hereunder and (ii) Roka shall be solely responsible for all costs associated with modifications or upgrades specifically requested by Roka or for features designed specifically for use in the Roka Field (it being understood that Gen-Probe shall have the absolute right to decline any such requests for modifications, upgrades or features from Roka). Gen-Probe shall make available to Roka on reasonable terms mutually agreed upon technical assistance as may be needed to implement any such improvements in Panther Instruments previously purchased by Roka on a fully burdened cost plus 20% [*] basis.