Availability of IT Components Clause Samples

Availability of IT Components. For purposes of this Section, the term “IT Components” shall mean all application software, systems software and other non-hardware components of the IT System. UPMC shall, throughout the term of the Agreement, maintain all the IT Components not owned by UPMC at a level of then-current commercial versions of such components, subject to reasonable wear and tear. In the event that on the effective date of termination of the Agreement or any SOW non-UPMC-owned IT Components are not at the level of then-current commercial versions of such components, UPMC shall bear the cost of conversions or enhancements to bring such components up to the level of used by other typical commercial providers of comparable services, if having access to the then-current commercial version is required for Evolent’s or Evolent Clients’ business. UPMC shall use its best efforts to ensure that all IT Components used by UPMC in providing services under the Agreement and each SOW but which are not owned by UPMC will be available to Evolent and Evolent Clients upon any termination of the Agreement or applicable SOW, including using its commercially reasonable efforts upon termination of the Agreement or any SOW to obtain for Evolent and the applicable Evolent Clients licenses for IT Components not owned by UPMC but used by UPMC prior to the termination of the Agreement or applicable SOW in providing its Services to Evolent and the applicable Evolent Clients. In such event, Evolent shall pay the costs associated with obtaining and utilizing such licenses.
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Related to Availability of IT Components

  • Availability of Types of Advances If any Lender determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, then the Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.