Common use of Technology Change Clause in Contracts

Technology Change. In the event Customer's business requirements change, ----------------- requiring Customer to replace ATM Service provided hereunder ("Original Service") with new technology (hereinafter "Replacement Service"), Customer shall provide WorldCom with written notice of its intent to replace Original Service with Replacement Service from WorldCom. Provided Customer is not in default of its obligations under this Agreement, Customer may cancel and upgrade Original Service to Replacement Service without being subject to any cancellation charge relevant to the Original Service under the following conditions: A. Customer provides WorldCom with a minimum forty-five (45) days notice prior to the effective date of cancellation of the Original Service and concurrently therewith submits a Service Order for Replacement Service having a Requested Service Date therefor concurrent with the effective date of such cancellation. B. The Replacement Service is available and uncommitted. C. The cities served by the Original Service continue to be served by the Replacement Service and when applicable, a reconfiguration of the Original Service which is available, i.e., cities served prior to the upgrade continue to be served by the Replacement Service following the upgrade. D. Customer will be liable for costs, if any, reasonably incurred by WorldCom from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation, provided WorldCom notifies Customer of such costs within a reasonable time following receipt of Customer's Service Order to effect a cancellation and obtain Replacement Service.