Common use of Currency of Software Clause in Contracts

Currency of Software. Subject to and in accordance with Sections -------- 6.2, 9.6, 9.7 and 9.8(b), IBM agrees to maintain reasonable currency ------------------------ for Software for which IBM is financially, operationally and administratively responsible and to provide help desk and other support for new releases and versions of such Software. For purposes of this Section, "reasonable currency" shall mean that, unless ------------------- Ace/IBM Proprietary Information 35 otherwise directed by ACE, IBM shall maintain Software within one Major Release of the then current Major Release and shall do so within twelve (12) months of such then current Major Release becoming publicly available. "Reasonable currency" also shall mean that, ------------------- unless otherwise directed by ACE, IBM shall promptly install Minor Releases as they become publicly available. Prior to installing a new Major Release or Minor Release, IBM shall evaluate and test such Release to verify that it will perform in accordance with the specifications and the architectures and standards established by ACE and that it will not without ACE's prior approval (i) increase ACE's total cost of receiving the Services; (ii) require material changes to ACE facilities, systems, software or equipment; or (iii) materially and adversely impact the functionality, interoperability, performance or resource efficiency of the Services. Notwithstanding Sections 9.7 (c), IBM shall confer with ACE prior to installing any ---------------- Major Release or Minor Release, shall provide ACE with the results of its testing and evaluation of such Release and shall not install such Release if directed not to do so by ACE, notwithstanding, in the event that ACE directs IBM not to install such Release, IBM will continue to support the currently installed version of the Software provided that the manufacturer of the such installed version continues to provide a standard maintenance offering for such installed version. If ACE requires IBM to use a Major Release or Minor Release for which maintenance offerings are not available and for which source code is not available, IBM shall be relieved of Service Levels to the extent that failure to achieve such Service Levels is caused by such Major Release or Minor Release.

Currency of Software. Subject to and in accordance with Sections -------- 6.2, 9.6, 9.7 and 9.8(b), IBM agrees to maintain reasonable currency ------------------------ for Software for which IBM is financially, operationally and administratively responsible and to provide help desk and other support for new releases and versions of such Software. For purposes of this Section, "“reasonable currency" ” shall mean that, unless ------------------- Ace/IBM Proprietary Information 35 otherwise directed by ACE, IBM shall maintain Software within one Major Release of the then current Major Release and shall do so within twelve (12) months of such then current Major Release becoming publicly available. "“Reasonable currency" ” also shall mean that, ------------------- unless otherwise directed by ACE, IBM shall promptly install Minor Releases as they become publicly available. Prior to installing a new Major Release or Minor Release, IBM shall evaluate and test such Release to verify that it will perform in accordance with the specifications and the architectures and standards established by ACE and that it will not without ACE's ’s prior approval (i) increase ACE's ’s total cost of receiving the Services; (ii) require material changes to ACE facilitiesFacilities, systems, software or equipment; or (iii) materially and adversely impact the functionality, interoperability, performance or resource efficiency of the Services. Notwithstanding Sections 9.7 (c), IBM shall confer with ACE prior to installing any ---------------- Major Release or Minor Release, shall provide ACE with the results of its testing and evaluation of such Release and shall not install such Release if directed not to do so by ACE, notwithstanding, in the event that ACE directs IBM not to install such Release, IBM will continue to support the currently installed version of the Software provided that the manufacturer of the such installed version continues to provide a standard maintenance offering for such installed version. If ACE requires IBM to use a Major Release or Minor Release for which maintenance offerings are not available and for which source code is not available, IBM shall be relieved of Service Levels to the extent that failure to achieve such Service Levels is caused by such Major Release or Minor Release.