Third Party Systems Software definition
Examples of Third Party Systems Software in a sentence
To the extent Vendor has financial responsibility for licenses for Third Party Systems Software, but such licenses remain in ACI’s name, ACI shall exercise termination or extension rights thereunder, as Vendor, after consultation with ACI, reasonably directs with respect to such Software; provided that Vendor shall be responsible for the costs, charges and fees associated with the exercise of such rights.
IBM shall be responsible for identifying the need for new Third Party Systems Software, evaluating potential options for satisfying the need for new Third Party Systems Software, recommending alternative approaches at different price levels, if any, for satisfying such need, and implementing the approach selected by Empire.
Notify Avis in the event a third party ceases to support Third Party Systems Software and work with Avis to develop a reasonable alternative to continued use of such Systems Software.
Provided that Empire maintains legal responsibility for any Existing Third Party Systems Software upon expiration or termination of this Agreement, IBM shall cease all Use of such Software upon expiration or termination of this Agreement, except as otherwise requested or approved by Empire.
Accordingly, the Parties agree that to the extent any obligations of this Agreement apply to any such omitted Existing Third Party Systems Software, Straddle Agreements, and Third Party Service Contracts, such obligations shall still apply as if the Existing Third Party Systems Software, Straddle Agreements, and Third Party Service Contracts were fully identified in the applicable Schedule, and the Parties shall amend the relevant Schedule as appropriate.
If (A) as a result of IBM's capacity planning obligations or other performance considerations (as provided in the Services Schedules and Schedule C) IBM recommends that Third Party Systems Software be purchased or upgraded, or (B) Empire requests that Third Party Systems Software be purchased or upgraded, IBM shall promptly provide to Empire a quote as to the cost for IBM to procure such Software from third party vendors, in accordance with Section 3.3(b)(viii) of Schedule C.
Licenses for Existing Third Party Systems Software, including as identified in Schedules G-1 S, G-2 S and G-3 S, shall remain in the name of Empire, except as the Parties otherwise mutually agree.
In consultation with Avis, when appropriate, evaluate, recommend, acquire and install in WizCom's sole discretion, Third Party Systems Software, and make reasonable changes to the operating environment necessary for compatibility with existing systems.
The price for acquiring or licensing such new Third Party Systems Software shall also reflect the benefit of applicable volume purchasing discounts and other similar discounted purchasing arrangements with third party vendors available to IBM (to the extent that IBM has the necessary rights) or Empire.
However, the Parties acknowledge that certain items which would constitute Existing Third Party Systems Software or Third Party Service Contracts may have been inadvertently omitted from those Schedules, or that the Parties may not have discovered Straddle Agreements that Vendor requires to provide the Services.