CONTINUOUS PRODUCT SUPPORT Sample Clauses

CONTINUOUS PRODUCT SUPPORT. 13.4.1 In the event that Contractor replaces any or all components of the Application Software with other software modules or components (hereinafter “Replacement Product”) during the entire Term of the Contract in order to fulfill its obligations under this Contract and to meet the Solution Requirements, then the License will be deemed to automatically include such Replacement Product without cost or penalty to the County even if such Replacement Product contains greater functionality than the Application Software it replaced. If required by the County, Contractor must provide the necessary training to County personnel to utilize the Replacement Product at no cost to the County.
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CONTINUOUS PRODUCT SUPPORT. If Contractor assigns or transfers this Agreement to a permitted assignee and subsequent to such assignment, the System Software is not supported to at least the
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CONTINUOUS PRODUCT SUPPORT. If Contractor assigns or transfers this Agreement to a permitted assignee and subsequent to such assignment, the System Software is not supported to at least the same level that Contractor supported the System Software, as determined by County Project Director (because, for example, Contractor’s permitted assignee chooses to support other products in preference to the products licensed herein), or, absent any assignment or transfer, if County, upon eighteen (18) months prior written request by Contractor and at County’s sole discretion, waives Contractor’s obligation to continue providing Maintenance Services in respect of the System Software under Paragraph 12.9 (if for example, Contractor generally is ceasing support of the product), then in either instance County, at its option and without limiting or altering its License rights or rights to System Software Source Code, County may elect to transfer the License, without cost or penalty, to another similar product (“Replacement Product”) within Contractor’s, or Contractor’s permitted assignee’s, if applicable, product offering. The assignee, by taking benefit (including, without limitation, acceptance of any payment under this Agreement) shall be deemed to have ratified this Paragraph 42. All terms and conditions of this Agreement shall continue in full force and effect for the Replacement Product. In addition, the following terms and conditions shall apply if County elects to transfer the license to a Replacement Product:‌
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CONTINUOUS PRODUCT SUPPORT. If requested by County, Contractor shall transfer the License and migrate the Application Software, without cost or penalty, to any successor software product replacing the Application Software (hereinafter "Replacement Product") within Contractor's or its assignee’s or successor’s product offering, as applicable, and provide the necessary training to County personnel to utilize such Replacement Product, at no cost to County, in the event that: (1) Contractor (i) assigns this Agreement (which requires the consent of County, which consent shall not be unreasonably withheld), is acquired, becomes otherwise controlled by another individual or entity, sells, assigns or transfers more than fifty percent (50%) of its interest in the Application Software (hereinafter collectively "Successor Event(s)"), and (ii) subsequent to the Successor Event, markets a software product which replaces the Application Software, resulting in the Application Software not being supported during the term of the Agreement to at least the same level that Contractor supported the Application Software prior to the Successor Event; or (2) Contractor markets a software product which replaces the Application Software during the Initial Term of this Agreement, resulting in the Application Software not being supported during the term of the Agreement to at least the same level that Contractor supported the Application Software prior to the Successor Event (hereinafter in addition to the definition above "Successor Event"). In any event, any assignee or successor, by taking benefit (including, without limitation, acceptance of any payment under this Agreement) shall be deemed to have ratified this Agreement. All terms and conditions of this Agreement shall continue in full force and effect for the Replacement Product. The following terms and conditions shall apply if County elects to transfer the License to a Replacement Product:
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CONTINUOUS PRODUCT SUPPORT. If Contractor assigns or transfers this Agreement to a permitted assignee and subsequent to such assignment, the System Software is not supported to at least the same level that Contractor supported the System Software as determined by County Project Director (because, for example, Contractor’s permitted assignee chooses to support other products in preference to the products licensed herein) or, absent any assignment or transfer, if County, upon eighteen (18) months prior written request by Contractor and at County’s sole discretion, waives Contractor’s obligation to continue providing Maintenance and Support services in respect of the System Software under Paragraph 17.1 (Maintenance and Support) (if for example, Contractor generally is ceasing support of the product), then in either instance County, at its option and without limiting or altering its License rights or rights to the Application Software Source Code, County may elect to transfer the License, without cost or penalty, to another similar product (“Replacement Product”) within Contractor’s, or Contractor’s permitted assignee’s, if applicable, product offering. The assignee, by taking benefit (including, without limitation, acceptance of any payment under this Agreement) shall be deemed to have ratified this Paragraph 18.
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CONTINUOUS PRODUCT SUPPORT. In the event that Contractor replaces any or all components of the Application Software with other software modules or components (hereinafter “Replacement Product”) during the term of the Agreement in order to fulfill its obligations under the Agreement and to meet the System Requirements, then the License shall be deemed to automatically include such Replacement Product without cost or penalty to County even if such Replacement Product contains greater functionality than the Solution Software it replaced. If required by County, Contractor shall provide the necessary training to County personnel to utilize the Replacement Product at no cost to County. In the event any or all components of the Application Software are migrated to the Replacement Product as a result of an acquisition, sale, assignment, transfer or other change in control of Contractor, then any assignee or successor, by taking benefit (including, without limitation, acceptance of any payment under this Agreement), shall be deemed to have ratified this Agreement. All terms and conditions of this Agreement shall continue in full force and effect for the Replacement Product. The following terms and conditions shall apply if County elects to transfer the License to a Replacement Product: Contractor, or its assignee or successor, shall, at no cost to County, implement the Replacement Product in the System Environment, convert and migrate all of the Solution Data from the Application Software format to the Replacement Product format to ensure Production Use of such Replacement Product; Any prepaid Maintenance Fees for the Solution shall transfer in full force and effect for the balance of the Replacement Product’s maintenance and support term (or equivalent service) at no additional cost. If the prepaid amount is greater than the Replacement Product’s maintenance and support fees for the same term, the credit balance shall be applied to future Maintenance Fees or returned to County, at County’s option; Any and all modules offered separately and needed to match the original Application Software’s level of functionality shall be supplied by Contractor, or its assignee or successor, without additional cost or penalty, and shall not affect the calculation of any Annual Fees; Contractor shall provide to County the necessary System Training for purposes of learning the Replacement Product. Such training shall be provided at no cost to County; All License terms and conditions, at a minimum, shall remain...
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Related to CONTINUOUS PRODUCT SUPPORT

  • PRODUCT SUPPORT Any support for the Software Services is provided to you by Customer or a third party on Customer’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.

  • Performance Indicators The HSP’s delivery of the Services will be measured by the following Indicators, Targets and where applicable Performance Standards. In the following table: n/a meanç ‘not-appIicabIe’, that there iç no defined Performance Standard for the indicator for the applicable year. tbd means a Target, and a Performance Standard, if applicable, will be determined during the applicable year. INDICATOR CATEGORY INDICATOR P = Performance Indicator E = Explanatory Indicator M = Monitoring Indicator 2019/20 PERFORMANCE TARGET STANDARD Organizational Health and Financial Indicators Debt Service Coverage Ratio (P) 1 c1 Total Margin (P) 0 cO Coordination and Access Indicators Percent Resident Days – Long Stay (E) n/a n/a Wait Time from LHIN Determination of Eligibility to LTC Home Response (M) n/a n/a Long-Term Care Home Refusal Rate (E) n/a n/a SCHEDULE D — PERFORMANCE 2/3 INDICATOR CATEGORY Quality and Resident Safety Indicators INDICATOR P = Performance Indicator E = Explanatory Indicator M = Monitoring Indicator Percentage of Residents Who Fell in the Last 30 days (M) 2019/20 PERFORMANCE TARGET STANDARD n/a n/a Percentage of Residents Whose Pressure Ulcer Worsened (M) n/a n/a Percentage of Residents on Antipsychotics Without a Diagnosis of Psychosis (M) n/a n/a Percentage of Residents in Daily Physical Restraints (M) n/a n/a SCHEDULE D — PERFORMANCE 2.0 LHIN-Specific Performance Obligations 3/3

  • Purchase Order Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the AN for catalog and non- catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply “flipping” the purchase order into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.

  • Third Party Products and Services Through its Cortex Hub security operating platform, Palo Alto Networks may make available to you third-party products or services (“third-party apps”) which contain features designed to interoperate with our Products. To use such features, you must obtain access to such third-party apps from their respective providers. All third-party apps are optional and if you choose to utilize such third-party apps:

  • Non-Marketing Purposes xXxxxxxxx.xxx greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in xXxxxxxxx.xxx products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. Children under the age of 13 xXxxxxxxx.xxx's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

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