General Standard of Service. (a) Subject to the limitations on liability set forth in Section 4.03, ATS will use commercially reasonable efforts to deliver the applicable Services to Photowatt at the same levels as such Services are or have customarily been provided in the past. In addition, ATS shall use commercially reasonable efforts to ensure that the nature and quality of Benefit Services provided to the Persons described in Section 3.05(i) under ATS Plans, either by ATS directly or through administrators under contract, shall be substantially the same as, or consistent with, the same services provided to or on behalf of ATS employees under ATS Plans. (b) Information technology Services shall continue to be provided by ATS during the term of this Agreement at the same service levels provided prior to the date of this Agreement, provided that ATS is able to obtain the necessary licenses from software and other providers (which both Parties shall use commercially reasonable efforts to obtain). Additional license or other fees, if any, that are charged by software or other providers necessary for ATS to provide information technology Services will be paid by Photowatt. Photowatt acknowledges and agrees that ATS is not in the business of providing information technology services to third parties, but has agreed to provide such services solely to assist Photowatt establish itself as an independent operating company.
Appears in 3 contracts
Sources: Transitional Services Agreement (Photowatt Technologies Inc.), Transitional Services Agreement (Photowatt Technologies Inc.), Transitional Services Agreement (Photowatt Technologies Inc.)