Common use of Evolving Nature of Relationship Clause in Contracts

Evolving Nature of Relationship. a) The Supplement and Schedules to each Transaction Document will be updated by the Parties as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION 3.12 entitled "New Services." b) For the one hundred-eighty (180) days following the Commencement Date under each Transaction Document, IBM and Equifax reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction Document, Supplement and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction Document, Supplement and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM to Equifax Group. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the Equifax/IBM Integrated Planning Team for dispute resolution as specified in SECTION 16. c) Both Equifax and IBM agree that the Services provided may require adjustments to reflect the evolving business and operations of the Equifax Group and IBM, that the relationship memorialized by the Agreement and the Transaction Documents is dynamic in nature and will evolve as the operating and business environment of the Equifax Group changes and evolves, and that the scope of the Services that will be provided by IBM during the Term and corresponding fees charged by IBM may be changed and modified with the written agreement of the Parties pursuant to the Change Control Process. Therefore, the Integrated Planning Team will periodically evaluate the business and operating strategies of each Party and recommend modifications to, and evolution of, the Services (including the Performance Standards and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7, 1998 Equifax / IBM Confidential Minimum Service Levels) to optimize such strategies and determine the effect that any modifications of the Services may have on the fees chargeable by IBM under the Agreement.

Evolving Nature of Relationship. a) The Supplement and Schedules to each Transaction Document will be updated by the Parties as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION Section 3.12 entitled "“New Services."” b1) For the one hundred-eighty (180) days following the Commencement Date under each Transaction Document, IBM and Equifax Certegy reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction Document, Supplement and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction Document, Supplement and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM to Equifax Certegy Group. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the EquifaxCertegy/IBM Integrated Planning Team for dispute resolution as specified in SECTION Section 16. cb) Both Equifax Certegy and IBM agree that the Services provided may require adjustments to reflect the evolving business and operations of the Equifax Certegy Group and IBM, that the relationship memorialized by the Agreement and the Transaction Documents is dynamic in nature and will evolve as the operating and business environment of the Equifax Certegy Group changes and evolves, and that the scope of the Services that will be provided by IBM during the Term and corresponding fees charged by IBM may be changed and modified with the written agreement of the Parties pursuant to the Change Control Process. Therefore, the Integrated Planning Team will periodically evaluate the business and operating strategies of each Party and recommend modifications to, and evolution of, the Services (including the Performance Standards and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7, 1998 Equifax / IBM Confidential Minimum Service Levels) to optimize such strategies and determine the effect that any modifications of the Services may have on the fees chargeable by IBM under the Agreement.

Evolving Nature of Relationship. a) The Supplement and Schedules A through O to each Transaction Document this Agreement will be updated by the Parties as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION 3.12 entitled "New Services." b) For Following the one hundred-eighty (180) days following the Commencement Date under each Transaction DocumentEffective Date, IBM ISSC and Equifax CHMS reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document Agreement and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction DocumentAgreement, Supplement and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction DocumentAgreement, Supplement and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM ISSC to Equifax GroupCHMS. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the EquifaxCHMS/IBM Integrated Planning Team ISSC Management Committee and/or the Strategic Steering Committee for dispute resolution as specified in SECTION 16Section 15. c) Both Equifax CHMS and IBM ISSC agree that the Services provided may require adjustments to reflect the evolving business and operations of the Equifax Group CHMS and IBMISSC, that the relationship memorialized by the this Agreement and the Transaction Documents is dynamic in nature and will evolve change as the operating and business environment of the Equifax Group CHMS changes and evolves, and that it is impossible to define with specificity the scope of the Services that will be provided by IBM ISSC during the Term and corresponding fees charged by IBM may be changed and modified with the written agreement of the Parties pursuant to the Change Control ProcessTerm. Therefore, the Integrated Planning Team CHMS/ISSC Management Committee and the Strategic Steering Committee will periodically evaluate the business and operating strategies of each Party and recommend modifications to, and evolution of, the Services (including the Performance Standards and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7, 1998 Equifax / IBM Confidential Minimum Service Levels) to optimize such strategies strategies. d) While the Parties will endeavor to update, modify and determine amend this Agreement, the effect that any modifications Supplement and the Schedules as necessary or appropriate from time to time to reflect the parameters and changing nature of the Services and the requirements of the CHMS Business, the Parties acknowledge that such activities may have on not always be documented with specificity. Therefore, the fees chargeable by IBM under the AgreementParties agree to deal with each other in good faith to resolve all issues presented and any disputes that may arise.

Evolving Nature of Relationship. a) The Supplement and Schedules to each Transaction Document will be updated by the Parties as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION Section 3.12 entitled "New Services."" ------------ b) For the one hundred-eighty (180) days following the Commencement Date under each Transaction Document, IBM and Equifax reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction Document, Supplement and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction Document, Supplement and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM to Equifax Group. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the Equifax/IBM Integrated Planning Team for dispute resolution as specified in SECTION Section 16.. ---------- c) Both Equifax and IBM agree that the Services provided may require adjustments to reflect the evolving business and operations * of the Equifax Group and IBM, that the relationship memorialized by the Agreement and the Transaction Documents is dynamic in nature and will evolve * as the operating and business environment of the Equifax Group changes and evolves* , and that the scope of the Services that will be provided by IBM during the Term and corresponding fees charged by IBM may be changed and modified * with the written agreement of the Parties pursuant to the Change Control Process. Therefore, the Integrated Planning Team will periodically evaluate the business and operating strategies of each Party and recommend modifications to, and evolution of, the Services (including the Performance Standards and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7, 1998 Equifax / IBM Confidential Minimum Service Levels) * to optimize such strategies and determine the effect that any modifications of the Services * may have on the fees chargeable by IBM * under the Agreement.

Evolving Nature of Relationship. a) The Supplement and Schedules to each Transaction Document will be updated by the Parties as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION Section 3.12 entitled "New Services." b1) For the one hundred-eighty (180) days following the Commencement Date under each Transaction Document, IBM and Equifax Certegy reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction Document, Supplement and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction Document, Supplement and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM to Equifax Certegy Group. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the EquifaxCertegy/IBM Integrated Planning Team for dispute resolution as specified in SECTION Section 16. cb) Both Equifax Certegy and IBM agree that the Services provided may require adjustments to reflect the evolving business and operations of the Equifax Certegy Group and IBM, that the relationship memorialized by the Agreement and the Transaction Documents is dynamic in nature and will evolve as the operating and business environment of the Equifax Certegy Group changes and evolves, and that the scope of the Services that will be provided by IBM during the Term and corresponding fees charged by IBM may be changed and modified with the written agreement of the Parties pursuant to the Change Control Process. Therefore, the Integrated Planning Team will periodically evaluate the business and operating strategies of each Party and recommend modifications to, and evolution of, the Services (including the Performance Standards and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7, 1998 Equifax / IBM Confidential Minimum Service Levels) to optimize such strategies and determine the effect that any modifications of the Services may have on the fees chargeable by IBM under the Agreement.

Evolving Nature of Relationship. (a) The Supplement Exhibits to the Agreement and the Schedules to each Transaction Document will be updated by the Parties as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION 3.12 entitled "New Services." (b) For the one hundred-eighty (180) days [*] following the Commencement Date under each Transaction Document, IBM EDS and Equifax reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction Document, Supplement Document and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction Document, Supplement Document and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM EDS to the Equifax Group. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the Equifax/IBM Integrated Planning Team for dispute resolution as specified in SECTION Section 16.. ---------- * Information omitted pursuant to Request for Confidential Treatment under Rule 406 of the Securities Act of 1933. 16 (c) Both Equifax and IBM EDS agree that the Services provided may require adjustments to reflect the evolving business and operations of the Equifax Group and IBMEDS, that the relationship memorialized by the Agreement and (including the Transaction Documents Documents), is dynamic in nature and will evolve as the operating and business environment of the Equifax Group changes and evolves, and that the scope of the Services that will be provided by IBM EDS during the Term and corresponding fees Monthly Charges charged by IBM EDS may be changed and modified with the written agreement of the Parties pursuant to the Change Control Process. Therefore, the Integrated Planning Team will periodically evaluate the business and operating strategies of each Party in accordance with Section 6.1(a). -------------- (d) While the Parties will endeavor to update, modify and recommend modifications toamend the Agreement, and evolution of, the Services (including the Performance Standards Transaction Documents and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7the Schedules thereto, 1998 Equifax / IBM Confidential Minimum Service Levels) as necessary or appropriate from time to optimize such strategies and determine time to reflect the effect that any modifications changing nature of the Services and the requirements of the Equifax Group and the Equifax Business, the Parties acknowledge that such activities may have on not always be documented with specificity. Therefore, the fees chargeable by IBM under Parties agree to deal with each other in a good faith, prompt, diligent and commercially reasonable manner to resolve all issues presented and any disputes that may arise to give effect to purposes of the Agreement.

Evolving Nature of Relationship. a) The Supplement and Schedules A through T to each Transaction Document this Agreement will be updated by the Parties as set forth in this Agreement as necessary or appropriate from time to time during the Term to accurately reflect the evolution of the Services and components and elements of the Services as described therein. The preceding sentence is not intended, nor is it authorization, to expand the scope of the Services except as provided pursuant to SECTION 3.12 entitled "New Services." b) For the one hundred-eighty (180) days following the Commencement Date under each Transaction DocumentDate, IBM ISSC and Equifax Flagstar reserve the right to inventory, validate and update any information that is reflected in or omitted from the Transaction Document Agreement and attached Supplement and/or Schedules. If discrepancies are detected, the Transaction DocumentAgreement, Supplement and/or Schedules shall be promptly changed, modified, updated and adjusted to correct such discrepancies upon mutual agreement, so that the Transaction DocumentAgreement, Supplement and/or Schedules will be correct and accurately reflect the Services and charges provided by IBM ISSC to Equifax GroupFlagstar. If either Party disputes the existence of a discrepancy identified by the other Party, the Parties will submit the matter to the EquifaxFlagstar/IBM Integrated Planning Team ISSC Management Committee for dispute resolution as specified in SECTION 16Section 15. c) Both Equifax Flagstar and IBM ISSC agree that the Services provided may require adjustments to reflect the evolving business and operations of the Equifax Flagstar Group and IBMISSC, that the relationship memorialized by the this Agreement and the Transaction Documents is dynamic in nature and will evolve as the operating and business environment of the Equifax Flagstar Group changes and evolves, and that the scope of the Services that will be provided by IBM ISSC during the Term and corresponding fees charged by IBM may be changed and modified with the written agreement of the Parties pursuant to the Change Control Process. Therefore, the Integrated Planning Team Flagstar/ISSC Management Committee will periodically evaluate the business and operating strategies of each Party and recommend modifications to, and evolution of, the Services (including the Performance Standards and Agreement for Systems Operations Services Page 29 of 65 FINAL July 7, 1998 Equifax / IBM Confidential Minimum Service Levels) to optimize such strategies strategies. d) While the Parties will endeavor to update, modify and determine amend this Agreement, the effect that any modifications Supplement and the Schedules as necessary or appropriate from time to time to reflect the parameters and changing nature of the Services and the requirements of the Flagstar Group and Flagstar Business, the Parties acknowledge that such activities may have on not always be documented with specificity. Therefore, the fees chargeable by IBM under the AgreementParties agree to deal with each other in good faith to resolve all issues presented and any disputes that may arise.