Common use of Operations Services Clause in Contracts

Operations Services. 4.1 WALTHAM FACILITY AND ATLANTA FACILITY Licensor will operate and maintain the Waltham Facility and the Atlanta Facility. Such operation and maintenance will include, without limitation, the acquisition, installation, maintenance, upgrading, monitoring and all aspects of the operation of all computer hardware and equipment, and all services related thereto, for the Waltham Facility and the Atlanta Facility necessary in connection with the provision by the Licensor of the Data Services provided hereunder. 4.2 COMMUNICATIONS The Licensor will receive data at the Atlanta Facility and the Waltham Facility and transmit data from from such facilities via communications channels which may include the Internet, a virtual private network or dedicated point-to-point circuits. Licensor shall at all times maintain agreements for high speed connections for the receipt and transmission of such data (except that Licensee acknowledges that Licensor does not have direct connections to ATPCO or Innovata and receives data from such Data Providers via a high-speed internet connection). (a) All hardware, software and services associated with communications between the Atlanta Facility and the Licensee Facility, including maintenance thereof, will be the responsibility of Worldspan. The cost of such services from Worldspan will be for the account of Licensee and Worldspan will invoice Licensee therefor directly. Such hardware, software and services will not be included within any of the service level or support commitments contained in this Agreement. (b) All hardware, software and services associated with communications between the Waltham Facility and the Licensee Facility, and between the Atlanta Facility and the Waltham Facility, including maintenance thereof, will be provided by the Licensor and charged to Licensee pursuant to the provisions of Section 6.4.2 hereof. (c) Licensee expressly acknowledges that the flow of data to or from the Atlanta Facility or the Waltham Facility will depend in large part on the performance of hardware, software and services provided or controlled by third party communications providers and by Worldspan. Licensor disclaims any and all liability resulting from or related to Licensee's inability to communicate with the Atlanta Facility or the Waltham Facility, to the extent such inability is the result of the failure of hardware, software or services provided by such third party communications providers and/or Worldspan.