Common use of Records Storage Clause in Contracts

Records Storage. a. WCL shall use reasonable commercial efforts to promptly enter into its own records storage contract with Indel-Davis, Inc. ("Indel-Davis") (the company providing record storage se▇▇▇▇▇s for the TWC E▇▇▇▇▇es and currently having possession of the stored records of the Company) that will, inter alia, retroactively to July 1, 2002, assume all storage costs associated with Company records. To the extent that TWC remains liable to Indel-Davis for storage costs of Company records accruing after June 30, 2▇▇▇, WCL shall reimburse TWC for such costs under the procedures set forth in the Amended and Restated Administrative Services Agreement (including the procedures for invoicing, dispute resolution, and rights to audit). b. As long as and to the extent that records of the TWC Entities and the Company are located in common space, TWC and WCL shall use reasonable commercial efforts to establish procedures with Indel-Davis to secure access to the records so as to prevent representativ▇▇ (▇.g., employees, auditors, or inspectors) of the TWC Entities or the Company from accessing the records of the other. c. Neither TWC nor WCL shall obstruct the other in obtaining records from storage. Specifically, TWC or WCL may, through Indel-Davis, retrieve its records from storage at any time. d. T▇▇ ▇▇d WCL shall cooperate to promptly resolve any issues arising from (i) the TWC Entities' boxes or records being misfiled or misidentified as the Company's boxes or records, (ii) the Company's boxes or records being misfiled or misidentified as the TWC Entities' boxes or records, (iii) disputes as to ownership of records, or (iv) discrepancies arising from or clarifications needed regarding the records database files TWC provided to WCL on March 22, 2002 and June 28, 2002. e. TWC and WCL shall cooperate with Indel-Davis to accomplish a physical separation of the Company's boxes and ▇▇▇▇rds from the TWC Entities' boxes and records located on Indel-Davis' premises and agree to share equally in the costs of such sepa▇▇▇▇▇n, provided, however, neither party shall be required to pay costs in excess of $6,000 for such separation. f. TWC and WCL shall replace the expired Records Management Service Level Agreement (SLA# ASF-9) under the Amended and Restated Administrative Services Agreement dated April 23, 2001, to provide for the handling of Company records on the same terms and conditions as the expired Service Level Agreement, modified as necessary to implement the provisions of this Section 10 and to eliminate any charges that would accrue to WCL for services that Indel-Davis provides to WCL or any obligations on the part of TWC, to the ▇▇▇▇▇t Indel-Davis provides services directly to WCL. g. The provisions ▇▇ ▇his Section 9 shall be construed as supplementing, and not supplanting, the provisions of other agreements currently in effect between the TWC Entities and the Company relating to the exchange of information and documentation.

Appears in 1 contract

Sources: Agreement for the Resolution of Continuing Contract Disputes (Williams Companies Inc)

Records Storage. a. WCL shall use reasonable commercial efforts to promptly enter into its own records storage contract with Indel-DavisD▇▇▇▇, Inc. ("Indel-DavisD▇▇▇▇") (the company providing record storage se▇▇▇▇▇s services for the TWC E▇▇▇▇▇es Entities and currently having possession of the stored records of the Company) that will, inter alia, retroactively to July 1, 2002, assume all storage costs associated with Company records. To the extent that TWC remains liable to Indel-Davis D▇▇▇▇ for storage costs of Company records accruing after June 30, 2▇▇▇2002, WCL shall reimburse TWC for such costs under the procedures set forth in the Amended and Restated Administrative Services Agreement (including the procedures for invoicing, dispute resolution, and rights to audit). b. As long as and to the extent that records of the TWC Entities and the Company are located in common space, TWC and WCL shall use reasonable commercial efforts to establish procedures with Indel-Davis D▇▇▇▇ to secure access to the records so as to prevent representativ▇▇ representatives (▇.g.e.g., employees, auditors, or inspectors) of the TWC Entities or the Company from accessing the records of the other. c. Neither TWC nor WCL shall obstruct the other in obtaining records from storage. Specifically, TWC or WCL may, through Indel-DavisD▇▇▇▇, retrieve its records from storage at any time. d. T▇▇ ▇▇d TWC and WCL shall cooperate to promptly resolve any issues arising from (i) the TWC Entities' boxes or records being misfiled or misidentified as the Company's boxes or records, (ii) the Company's boxes or records being misfiled or misidentified as the TWC Entities' EXECUTION COPY boxes or records, (iii) disputes as to ownership of records, or (iv) discrepancies arising from or clarifications needed regarding the records database files TWC provided to WCL on March 22, 2002 and June 28, 2002. e. TWC and WCL shall cooperate with Indel-Davis D▇▇▇▇ to accomplish a physical separation of the Company's boxes and ▇▇▇▇rds records from the TWC Entities' boxes and records located on Indel-DavisD▇▇▇▇' premises and agree to share equally in the costs of such sepa▇▇▇▇▇nseparation, provided, however, neither party shall be required to pay costs in excess of $6,000 for such separation. f. TWC and WCL shall replace the expired Records Management Service Level Agreement (SLA# ASF-9) under the Amended and Restated Administrative Services Agreement dated April 23, 2001, to provide for the handling of Company records on the same terms and conditions as the expired Service Level Agreement, modified as necessary to implement the provisions of this Section 10 and to eliminate any charges that would accrue to WCL for services that Indel-Davis D▇▇▇▇ provides to WCL or any obligations on the part of TWC, to the extent Indel-D▇▇▇▇▇t Indel-Davis provides services directly to WCL. g. The provisions ▇▇ ▇his of this Section 9 shall be construed as supplementing, and not supplanting, the provisions of other agreements currently in effect between the TWC Entities and the Company relating to the exchange of information and documentation.

Appears in 1 contract

Sources: Agreement for the Resolution of Continuing Contract Disputes (Williams Communications Group Inc)