Common use of SHORT TERM EXTENSION Clause in Contracts

SHORT TERM EXTENSION. This section shall apply in addition to any rights set forth in Section 23 of Appendix B (Contract Term – Extension). In the event a replacement Contract has not been issued: (a) The term of this Contract, Enterprise Agreement Program Agreement, and Campus and School Agreement Program Agreement hereunder may be extended unilaterally upon OGS’ request (which shall not unreasonably be denied) for an additional period of up to 30 calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any approved modifications. The Parties will execute a written Amendment, to be provided by Microsoft and subject to OGS approval, to memorialize such extension. For clarity, the term of each Enrollment is not extended automatically by such an extension, but during the applicable extension period: (i) new Enrollments (each with their own typically 3-year term) may be executed; and (ii) Enrollments which expire prior to the end of the extension period may be renewed for full renewal terms. (b) With the concurrence of the Contractor, the above-referenced extension(s) may be for a period of up to 90 calendar days in lieu of 30 calendar days. However, this extension automatically terminates should a replacement Contract be issued in the interim. The Parties will execute a written Amendment, to be provided by Contractor and subject to OGS approval, to memorialize such extension. (c) The Parties acknowledge that the term of the Select Plus Program Agreement (including the education version thereof), including but not limited to Software Assurance coverage periods, may only be extended in Microsoft’s systems by increments that are multiples of 12 months. Microsoft will agree upon OGS’ request and provide an amendment (subject to OGS approval) for the purpose of memorializing a 12-month extension. For clarity, OGS may instruct the State of New York’s Reseller to restrict acceptance of new Purchase Orders from Authorized Users to a shorter period (e.g. 30 days). Software Assurance (including all Software Assurance Benefits, such as new version rights) purchased during such shorter period shall be for a 12 month period and Contractor shall invoice Reseller for 12 months of Software Assurance.