Product or Service Discontinuance. Where Contractor is the Product Manufacturer/Developer, and Contractor publicly announces to all U.S. customers (“date of notice”) that a Product is being withdrawn from the U.S. market or that maintenance service or technical support provided by Contractor (“withdrawn support”) is no longer going to be offered, Contractor shall be required to: (1) notify the Commissioner, each Licensee and each Authorized User then under contract for maintenance or technical support in writing of the intended discontinuance; and (2) continue to offer Product or withdrawn support upon the Contract terms previously offered for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (3) at Authorized User’s option, provided that the Authorized User is under contract for maintenance on the date of notice, either: a) provide the Authorized User with either a Product replacement or migration path with at least equivalent functionality at no additional charge, or b) provide Authorized User with the source code for Licensed Product at no additional charge to enable Authorized User to continue use and maintenance of the Product. In the event that the Contractor is not the Product Manufacturer, Contractor shall be required to: (1) provide the notice required under (1), above, to the entities described within five (5) business days of Contractor receiving notice from the Product Manufacturer, and (2) include in such notice the period of time from the date of notice that the Product Manufacturer will continue to provide Product or withdrawn support. The provisions of this paragraph (a) shall not apply or eliminate Contractor’s obligations where withdrawn support is being provided by an independent subcontractor. In the event that such subcontractor ceases to provide service, Contractor shall be responsible for subcontracting such service, subject to state approval, to an alternate subcontractor.
Product or Service Discontinuance. In the event that Microsoft publicly announces to all U.S. customers (“date of notice”) that a Product, maintenance, or technical support offering is being re-bundled in a different manner from the structure or licensing model of the prior U.S. commercial offering, the Contractor shall be required to: (i) notify the Contract Manager and each Eligible User in writing of the intended change; (ii) continue to provide Product or withdrawn support upon the same terms and conditions as previously offered on the then-current State of Florida Contract for the greater of: a) the best terms offered by the Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (iii) shall submit the proposed re-bundling change to the Contract Manager for approval prior to its becoming effective for the remainder of the Contract term. The Contractor shall be required to: (i) provide the notice required under the paragraph above, to the entities described within five (5) business days of the Contractor receiving notice from Microsoft, and (ii) include in such notice the period of time from the date of notice that Microsoft will continue to provide Product or withdraw support. The provisions of this subdivision (a) shall not apply or eliminate the Contractor’s obligations where withdrawn support is being provided by Microsoft. In the event that Microsoft ceases to provide service, the Contractor shall be responsible for subcontracting such service, subject to state approval, to an alternate Subcontractor.
Product or Service Discontinuance. Where Contractor is the Product Manufacturer/Developer, and Contractor publicly announces to all U.S. customers (“date of notice”) that a Product is being withdrawn from the U.S. market or that maintenance service or technical support provided by Contractor (“withdrawn support”) is no longer going to be offered, Contractor shall be required to: (1) notify the Commissioner, each Licensee and each Authorized User then under contract for maintenance or technical support in writing of the intended discontinuance; and (2) continue to offer Product or withdrawn support upon the Contract terms previously offered for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve
Product or Service Discontinuance. Where Contractor is the Product Manufacturer/Developer, and Contractor publicly announces to all U.S. customers (“date of notice”) that a Product is being withdrawn from the U.S. market or that maintenance service or support provided by Contractor (“withdrawn support”) is no longer going to be offered, Contractor shall be required to: (i) notify the State, if then under contract for maintenance or support, in writing of the intended discontinuance; and (ii) continue to offer Product or withdrawn support upon the Contract terms previously offered for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice. In the event that the Contractor is not the Product Manufacturer, Contractor shall be required to: (i) provide the notice required under the paragraph above, to the State within five (5) business days of Contractor receiving notice from the Product Manufacturer, and (ii) include in such notice the period of time from the date of notice that the Product Manufacturer will continue to provide Product or withdraw support. The provisions of this subdivision (a) shall not apply or eliminate Contractor’s obligations where withdrawn support is being provided by an independent Subcontractor. In the event that such Subcontractor ceases to provide service, Contractor shall be responsible for subcontracting such service, subject to State approval, to an alternate Subcontractor.
