Upgrades and Modifications. In order to ensure compatibility with, and optimum performance and robustness of, the Digital Content Network and the LLC Equipment (including hardware and software), LLC reserves the right to request of Regal the replacement, upgrade or modification of any Regal Equipment installed at any Theatre or the assistance with an upgrade to Software on Regal Equipment; provided that such requests are equally and timely communicated to each of Regal, AMC and Cinemark (the “Upgrade Request”). In the event of an Upgrade Request, LLC shall provide Regal as much written notice as is reasonably practicable under the circumstances, but in no event less than ten (10) business days written notice. LLC and Regal will negotiate with each other in good faith on the terms of any Upgrade Requests, including cost sharing terms, if any. If LLC and Regal are not able to come to agreement about an Upgrade Request, LLC may elect to pay for the replacements, upgrades or modifications contained in the Upgrade Request including all reasonable incidental and incremental costs to Regal, and Regal shall be obligated to permit LLC to perform all necessary work to fulfill the Upgrade Request, provided (i) there is no additional unreimbursed cost to it to accept such replacement, upgrade or modification and (ii) that such replacement, upgrade or modification does not unreasonably interfere with Regal’s theatre operations and does not include any replacement, upgrade or modification of Regal software without Regal’s express prior written consent. LLC agrees that, to the extent practicable, it will develop a system that seeks to minimize the need to enter the Theatres in order to update the Software.
Upgrades and Modifications. All tangible objects containing or relating to the System Software are the sole and exclusive property of TSG or the manufacturer. In the event TSG modifies the System Software, it may deliver such modified System Software to Customer at its then current charge, if any, and Customer shall promptly return to TSG any and all tangible objects relating to all previous versions of the System Software as provided in Article 15.7. Customer shall be solely responsible for protecting all software not obtained from TSG hereunder and the data related thereto in the event of a software upgrade. Customer, in order to receive an upgraded or updated program, shall comply with any and all terms, conditions and Instructions requested by TSG.
Upgrades and Modifications. All tangible objects containing or relating to the System Software are the sole and exclusive property of American or the manufacturer. In the event American, in its sole discretion, modifies the System Software, it may deliver such modified System Software to Customer at its then current charge, if any, and Customer shall promptly return to American any and all tangible objects relating to the System Software as provided in Article 15.7. Customer shall be solely responsible for protecting all software not obtained from American hereunder and the data related thereto in the event of a software upgrade. Customer, in order to receive an upgraded or updated program, shall comply with any and all terms and conditions and Instructions imposed by American.
Upgrades and Modifications. All tangible objects containing or relating to the System Software are the sole and exclusive property of SGI or the manufacture. In the event SGI, in its sole discretion, modifies the System Software, it may deliver such modified System Software to Customer at its then current charge, if any, and Customer shall promptly return to SGI any and all tangible objects relating to the System Software as provided in Article 15.7. Customer shall be solely responsible for protecting all software not obtained from SGI hereunder and the data related thereto in the event of a software upgrade. Customer, in order to receive an upgraded or updated program, shall comply with any and all terms and conditions and Instructions imposed by SGI.
Upgrades and Modifications. The Purchase Price is based on Seller’s standard color scheme for the Property’s floor plan, carpet, appliance and finish work specifications, as they may have been modified and agreed to by Seller and Buyer in a separate addendum at the time of entry into the Purchase and Sale Agreement. Any upgrades or modifications to Seller’s standard plans and specifications, other than those agreed to by Seller and Buyer in a separate addendum at the time of entry into the Purchase and Sale Agreement shall be addressed on a Change Order Amendment, if any, to the Purchase and Sale Agreement (the “Upgrades”). All Upgrades shall be at Buyer’s expense. Payment for the Upgrades shall be in the form of a non-refundable cash prepayment, known as an Interior Finish Option Payment, paid to the escrow agent for disbursement, upon request of Seller, to Seller or to Seller’s contractor, subcontractor or supplier prior to Seller placing orders for such upgrades and modifications. The Interior Finish Option Payment is not an xxxxxxx money deposit and is immediately non-refundable in any event. The amount of the interior finish upgrades shall be added to the Purchase Price in a Final Price Addendum and the Interior Finish Option Payment shall be credited to Buyer at Closing. In the event Buyer fails to close for any reason, including failure of Buyer to waive a contingency in the Purchase and Sale Agreement, the Interior Finish Option Payment shall be retained by Seller. Seller shall have no obligation to execute any additional changes after the initial Change Order Addendum(s) are mutually agreed upon. Any additional Change Order Addendum mutually agreed upon and executed after the completion of the design appointment and mutual approval of the initial Change Order Addendum will include a minimum administrative fee of $250 per item in addition to costs of the upgrades or modifications. In the event Seller agrees to provide any Upgrades without Buyer’s payment of the Interior Finish Option Payment, then Xxxxx’s xxxxxxx money shall become non-refundable (other than for Seller’s default) at the xxxx Xxxxxx agrees to provide such Upgrades.
Upgrades and Modifications. All tangible objects containing or relating --------------------------- to the Sabre TravelBase System Software are the sole and exclusive property of Sabre or the manufacturer. In the event Sabre, in its sole discretion, modifies the Sabre TravelBase System Software, it will deliver and install, either on- site or through remote dial-up capabilities, such modified Sabre TravelBase System Software to Customer at its then current charge, if any, and Customer shall promptly return to Sabre any and all tangible objects relating to the previous version of the Sabre TravelBase System Software which Customer is no longer using as provided in Article 16.6. If Sabre designates such modified Sabre TravelBase System Software to be self-installable by Customer and Customer requests Sabre to perform the installation on-site, for reasons other than the in-operability or malfunctioning of the modified Sabre TravelBase System Software or its installation routine, Customer will pay Sabre's then current fee for such installation assistance. Customer shall install or allow Sabre to install all such modifications within ninety days of receipt of the new revision of Sabre TravelBase System Software. Customer shall be solely responsible for protecting all software not obtained from Sabre hereunder and the data related thereto in the event of a software upgrade. Customer, in order to receive an upgraded or updated program, shall comply with any and all terms and conditions and Instructions reasonably imposed by Sabre.
Upgrades and Modifications. All tangible objects containing or relating to the System Software are the sole and exclusive property of Sabre or the manufacturer. In the event Sabre modifies the System Software, it may deliver such modified System Software to Customer at its then current charge, if any, and Customer shall promptly return to Sabre any and all tangible objects relating to all previous versions of the System Software as provided in Article . Customer shall be solely responsible for protecting all software not obtained from Sabre hereunder and the data related thereto in the event of a software upgrade. Customer, in order to receive an upgraded or updated program, shall comply with any and all terms, conditions and Instructions requested by Sabre.
Upgrades and Modifications. In order to ensure compatibility with, and optimum performance and robustness of, the Digital Content Network and the LLC Equipment (including hardware and software), LLC reserves the right to request of [Circuit A] the replacement, upgrade or modification of any [Circuit A] Equipment installed at any Theatre or the assistance with an upgrade to Software on [Circuit A] Equipment; provided that such requests are equally and timely communicated to each of [Circuit A], [Circuit B] and [Circuit C] (the “Upgrade Request”). In the event of an Upgrade Request, LLC shall provide [Circuit A] as much written notice as is reasonably practicable under the circumstances, but in no event less than ten (10) business days written notice. LLC and [Circuit A] will negotiate with each other in good faith on the terms of any Upgrade Requests, including cost sharing terms, if any. If LLC and [Circuit A] are not able to come to agreement about an Upgrade Request, LLC may elect to pay for the replacements, upgrades or modifications contained in the Upgrade Request including all reasonable incidental and incremental costs to [Circuit A], and [Circuit A] shall be obligated to permit LLC to perform all necessary work to fulfill the Upgrade Request, provided (i) there is no additional unreimbursed cost to it to accept such replacement, upgrade or modification and (ii) that such replacement, upgrade or modification does not unreasonably interfere with [Circuit A]’s theatre operations and does not include any replacement, upgrade or modification of [Circuit A] software without [Circuit A]’s express prior written consent. LLC agrees that, to the extent practicable, it will develop a system that seeks to minimize the need to enter the Theatres in order to update the Software.
Upgrades and Modifications. ConVergence reserves the right to upgrade the Software or discontinue support for earlier versions of the Software at any time.
Upgrades and Modifications. All tangible objects containing or relating to the SABRE TravelBase System Software are the sole and exclusive property of American or the manufacturer. In the event American, in its sole discretion, modifies the SABRE TravelBase System Software, it may deliver such modified SABRE TravelBase System Software to Customer at its then current charge, if any, and Customer shall promptly return to American any and all tangible objects relating to the SABRE TravelBase System Software as provided in Article 15.7. Customer shall install all such modifications within ninety days of receipt of the new revision of SABRE TravelBase System Software. Customer shall be solely responsible for protecting all software not obtained from American hereunder and the data related thereto in the event of a software upgrade. Customer, in order to receive an upgraded or updated program, shall comply with any and all terms and conditions and Instructions imposed by American.
