Required Upgrades Clause Samples
The "Required Upgrades" clause mandates that certain improvements, updates, or modifications must be made to a property, system, or product to meet specified standards or requirements. Typically, this clause outlines what upgrades are necessary, who is responsible for performing them, and the timeline for completion—for example, requiring a landlord to install new fire safety equipment or a software provider to update security protocols. Its core practical function is to ensure that the subject of the agreement remains compliant with current laws, regulations, or contractual standards, thereby reducing risk and maintaining safety or functionality.
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Required Upgrades. If Customer has requested “no Upgrade” it may nevertheless be required to Upgrade if in the reasonable judgment of ServiceNow the Upgrade is necessary to maintain the availability, security or performance of the Subscription Service or the ability of ServiceNow to efficiently provide the Subscription Service, as follows:
Required Upgrades. Seller will cause [A] [B] the Computer, as delivered to Buyer, to have a clean install of the latest release of the Mac OS X operating system. 163 164
Required Upgrades. Licensee acknowledges that technological evolution and the demands of the User base will likely require the occasional upgrade of hardware and software systems. HBS will notify Licensee of required upgrades from time to time. Licensee shall promptly implement any such upgrades.
Required Upgrades. If Operator reasonably determines that a Required Upgrade is required with respect to all or any portion of the Renewable Fuels Facility, then Operator shall provide written notice to Owner of such circumstance (a “Required Upgrade Notice”). Such Required Upgrade Notice shall contain the following:
(a) a description of the Asset(s) requiring such Required Upgrade,
(b) the type of upgrade, modification, expansion or other similar improvement needed with respect to such Required Upgrade,
(c) a description of the safety concern, applicable Law or HSE Policy containing the requirements or obligations that such Required Upgrade is needed to satisfy,
(d) a good faith estimate of the costs and expenses of the Design, Procurement, Construction, and Operation of such Required Upgrade, including the incremental increase to the Fixed Operating Fee that would be attributable to such Required Upgrade, if any (the actual costs and expenses related to the foregoing, the “Required Upgrade Costs”), and
(e) a schedule of such estimated Required Upgrade Costs. Upon receipt by Owner of any such Required Upgrade Notice, Owner shall, as soon as practicable, review the Required Upgrade Notice in total and approve or reject the Required Upgrade; provided, however, that a Required Upgrade Notice sent to comply with applicable Law or Owner’s or Operator’s HSE policies, as applicable, shall be discussed in good faith by Operator and senior-level management of each 5% Member of Owner, and Operator shall consider, in good faith, such senior-level management’s concerns. If, following such period, Operator has not rescinded or modified the Required Upgrade notice, then the Required Upgrade shall be deemed approved; provided, that if such Required Upgrade would cost more than Three Million Dollars ($3,000,000), such Required Upgrade shall only be deemed approved if Operator’s general counsel or Vice President of HSE has issued a written opinion that the Required Upgrade is necessary or advisable (as reasonably determined by Operator in accordance with Prudent Operating Practices) to comply with Applicable Law or Owner’s or Operator’s HSE Policies, as applicable. If approved, (i) the Required Upgrade will be become an approved Required Upgrade (an “Approved Required Upgrade”), (ii) the Required Upgrade Costs approved by Owner shall become the Required Upgrade budget related to such Required Upgrade (the “Required Upgrade Budget”), and (iii) Operator shall Manage the Design, Procurement, C...
Required Upgrades. DTN receives its market quotations and other news and financial information from various third-party providers. DTN shall have the right anytime during the License Term, in its sole discretion, to change the third-party providers of information for the Internet Services. As part of Maintenance Services, at no additional cost to DTN, but subject to the limitations set forth in Paragraph 4.6, SmartServ shall provide all modifications required to enable the Internet Software to operate in accordance with any new or modified system requirements specified by such third-party providers within the time periods specified in the contracts with such third-party providers, which shall not be less than thirty (30) days after receipt of notice from DTN of the new or modified system requirements.
Required Upgrades. (a) Customer acknowledges that vendors may develop products and services that do not consider or support EOL or MD Equipment or Software. These vendors may sell or mandate equipment or software upgrades to supported system which could cause service problems for EOL or MD Equipment or Software residing on Customer’s network. In these cases, vendors will support neither the EOL or MD Equipment or Software nor provide patches to correct issues resulting from these additions or changes.
(b) Customer agrees to upgrade any EOL or MD Equipment or Software within the timelines required by CenturyLink, in its sole discretion. Customer will pay all additional maintenance charges resulting from or associated with these upgrades, or any other upgrades required by CenturyLink or any vendor. These charges may include, but are not limited to, service charges and installation charges. CenturyLink, in its
Required Upgrades. Licensee acknowledges that technological evolution and the demands of the User base will likely require the occasional upgrade of hardware and software systems. RGI will notify Licensee of required upgrades from time to time. Licensee shall promptly implement any such upgrades.
Required Upgrades. From and after the Effective Date, if Operator reasonably believes that a Required Upgrade is needed with respect to all or any portion of the Facilities, then Operator shall provide written notice to Owner of such circumstance. Such written notice shall contain the following: (a) a description of the Midstream Asset(s) requiring such Required Upgrade, (b) the type of upgrade, modification, expansion or other similar improvement needed with respect to such Required Upgrade, (c) a description of the applicable Law or material Contract containing the requirements or obligations, as applicable, that such Required Upgrade is needed to satisfy, and (d) a good faith estimate of the costs and expenses of the design, construction, development, operation and maintenance of such Required Upgrade (including the incremental increase to the Fixed Operating Fee payable to the Operator attributable to such Required Upgrade, if any), including an estimated schedule of such costs and expenses.
Required Upgrades. Organization, at its own expense, shall install alterations, modifications, additions, and upgrades to any Item of Equipment that is:
5.3.1. required or supplied by the Manufacturer; or
5.3.2. necessary to comply with Law (collectively, "Required Upgrades").
Required Upgrades. Lessee, at its own expense, shall (or shall cause any Sublessee to) install alterations, modifications, additions, and upgrades to any item of Equipment that is: (i) required or supplied by Lessor; or (ii) necessary to comply with Applicable Law.