Common use of Operational Terms Clause in Contracts

Operational Terms. (i) Services will be performed as specified in the Policies and Procedures Manual as defined in the HP MPSA. GroceryCo will work directly with HP on day to day escalations, outages, etc. in accordance with the current North American escalation process, without the need to contact or involve SnackCo. Notwithstanding the foregoing, the following exceptions will apply: (1) Any contractual changes to the current Statements of Work to the HP MPSA will be managed by SnackCo. (2) Any changes that would impact financial obligations under the HP MPSA, including any resolutions of financial disputes with HP, will be managed by SnackCo. (3) Significant operational performance issues will be escalated to and managed by SnackCo. (ii) Technical Change Management will be performed in the following manner: (1) The Technical Change Management process as set forth in in the HP MPSA will be delivered as specified in the Policies and Procedures Manual, with GroceryCo permitted to participate in shared infrastructure/application changes. Alternately, both parties can agree to establish separate Technical Change Management processes to address GroceryCo network changes only. (2) To the extent permitted under the HP MPSA, GroceryCo, SnackCo and HP will participate in one Change Control Board and Change Approval Board with respect to shared infrastructure/Services. (iii) NSSRs will be managed as specified in the Policies and Procedures Manual, with the following exceptions: (1) The NSSR cannot alter the terms and conditions of the current HP MPSA without SnackCo written consent. (2) Billing for NSSRs must follow financial terms as outlined in Section 2.3(a) – Financial Terms of the HP MPSA.

Operational Terms. (i) Services will be performed as specified in the Policies and Procedures Manual as defined in the HP MPSA. GroceryCo will work directly with HP on day to day escalations, outages, etc. in accordance with the current North American escalation process, without the need to contact or involve SnackCo. Notwithstanding the foregoing, the following exceptions will apply: (1) Any contractual changes to the current Statements of Work to the HP MPSA will be managed by SnackCo. (2) Any changes that would impact financial obligations under the HP MPSA, including any resolutions of financial disputes with HP, will be managed by SnackCo. (3) Significant operational performance issues will be escalated to and managed by SnackCo. (ii) Technical Change Management will be performed in the following manner: (1) The Technical Change Management process as set forth in in the HP MPSA will be delivered as specified in the Policies and Procedures Manual, with GroceryCo permitted to participate in shared infrastructure/application changes. Alternately, both parties can agree to establish separate Technical Change Management processes to address GroceryCo network changes only. (2) To the extent permitted under the HP MPSA, GroceryCo, SnackCo and HP will participate in one Change Control Board and Change Approval Board with respect to shared infrastructure/Services. (iii) NSSRs will be managed as specified in the Policies and Procedures Manual, with the following exceptions: (1) The NSSR cannot alter the terms and conditions of the current HP MPSA without SnackCo written consent. (2) Billing for NSSRs must follow financial terms as outlined in Section 2.3(a) – Financial Terms of the HP MPSA.