Update Process Clause Samples

The Update Process clause defines the procedures and requirements for making changes or updates to a product, service, or agreement during its term. Typically, this clause outlines how updates will be communicated, the notice period required, and any approval or acceptance steps that must be followed by the parties involved. For example, it may specify that software updates will be provided automatically or that changes to service terms require written notice. The core function of this clause is to ensure that all parties are aware of and agree to modifications, thereby maintaining transparency and minimizing disputes over unexpected changes.
Update Process. 9.1. Fraxion shall use commercially reasonable efforts to  monitor the Hosted Application(s) and related infrastructure for opportunities to address performance, availability and security issues; and  at Fraxion’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Hosted Application(s) based on Fraxion innovation. 9.2. Fraxion’s update and release process, as updated from time to time, is described in Annexure C and Annexure D (the “Update Process”). 9.3. Customer shall upon notice comply with the Update Process and understands that only the latest release of the Hosted Application(s) contain the most current features, availability, performance and security, including software fixes. 9.4. Fraxion is not responsible for product defects or security issues affecting the Hosted Application(s) or failure to meet the Uptime SLA (defined in Annexure B) for Hosted Application(s) when Customer is not in compliance with the Update Process. 1. If service outages result in a failure of any production instance of a Hosted Application to meet an uptime availability requirement of 99.5% over a calendar month (“Uptime SLA”), Customer’s sole and exclusive remedy shall be a service credit equal to the greater of: (a) Ten percent (10%) of the Hosting and Support Fees set forth in the applicable Order Form for the applicable Hosted Application for that calendar month; or (b) The actual unavailability rate for that calendar month (as an example, if the Hosted Application has an uptime availability of 85% during a calendar month, then the service credit shall be fifteen percent (15%) of the applicable subscription fees for that calendar month). 2. The following events shall be excluded in calculating Uptime SLA: (a) Planned maintenance windows, which are described in Annexure D; and (b) Emergency maintenance (corrective maintenance as part of a system recovery following, for example, a security breach, the fixing of a critical bug/s or any other circumstance outside Fraxion's control) required to address an exigent situation with the Hosted Application that if not addressed on an emergency basis could result in Material harm to the Hosted Application. Fraxion shall provide advance notice of emergency maintenance via the Support Portal to the extent practicable. (c) Any unavailability caused by circumstances beyond Fraxion’s reasonable control, including without limitation, unavailability due to Customer or its Users’ act...
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Update Process. An update of the Comox Valley Regional Economic Development Strategic Plan was initiated in August 2012. It builds on the completed 2005 Economic Development Strategy and retains much of the structure of CVEDS' 2011 Work Plan. Elements of the update process include:  Updated statistical analysis of the regional economy, labour market and demographics  Extensive literature review of previous documents from the Comox Valley and  Vancouver Island  Workshops with the CVEDS Board in September and October 2012 and January  2013 (and an update presentation at the December 2012 Board meeting)  Consultation meetings with industry groups and local government representatives in October and November 2012Additional meetings with Town of Comox staff, a presentation at a Comox Committee of the Whole meeting and one-on-one meetings with Council members (in support of the Town of Comox Economic Development Plan that is part of the overall regional plan)  Online business survey completed in November and December 2012  Initial draft report distributed to the Board and local government Chief Administrative Officers in January 2013  Final draft report distributed in February 2013  Presentation of final draft report to CVEDS Board on March 7, 2013  Public open house on March 18, 2013  Completion of final project report
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Update Process. Coupa shall use commercially reasonable efforts to (1) monitor the Licensed Software and related infrastructure for opportunities to address performance; and (2) at Coupa’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Licensed Software based on Coupa innovation. Coupa will provide Updates in accordance with Coupa’s update and release process, as updated from time to time, which is described at: ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/en-us/products/release-notes/about-coupa-releases/release-policy (the “Update Process”). Customer understands that Technical Support is based on the provisions of Section 2 of the Agreement. Coupa is not responsible for product defects or security issues affecting the Licensed Software due to Customer’s noncompliance with the Update Process.
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Related to Update Process

  • Selection Process The Mortgage Loans were selected from among the outstanding one- to four-family mortgage loans in the Seller's portfolio at the related Closing Date as to which the representations and warranties set forth in Subsection 9.02 could be made and such selection was not made in a manner so as to affect adversely the interests of the Purchaser;

  • Sale Process If a Non-Economic Facility is marketed for sale in accordance with Section 5.02 and Manager receives an offer therefor which it wishes to accept on behalf of the relevant TRS and Owner, Manager shall give the relevant TRS prompt notice thereof, which notice shall include a copy of the offer and any other information reasonably requested by such TRS. If the relevant TRS, on behalf of the relevant Owner, shall fail to accept or reject such offer within seven (7) Business Days after receipt of such notice and other information from Manager, such offer shall be deemed to be accepted. If the offer is rejected by the relevant TRS on behalf of the relevant Owner, and if Manager elects to continue marketing the Non-Economic Facility by providing written notice to the relevant TRS within seven (7) days of such rejection and Manager does not obtain another offer within ninety (90) days that is accepted by the relevant TRS, the Non-Economic Facility shall be deemed to have been sold to the relevant TRS on the date, at the price and on such other terms contained in the offer. If a Non-Economic Facility is sold to a third party or deemed to have been sold to the relevant Owner pursuant to such offer, effective as of the date of sale or deemed sale: (i) the Management Agreement shall terminate with respect to such Non-Economic Facility; (ii) Aggregate Invested Capital shall be reduced by an amount equal to the net proceeds of sale after reduction for the costs and expenses of the relevant TRS, the relevant Owner and/or Manager (or, in the case of a deemed sale, the net proceeds of sale determined by reference to such offer, after reduction for any amounts actually expended and any amounts which would reasonably have been expected to have been expended if the sale had been consummated by the relevant TRS, the relevant Owner and/or Manager). If the reduction in Aggregate Invested Capital is less than the Invested Capital of the Non-Economic Facility sold or deemed to have been sold, the difference shall be proportionately reallocated to the Invested Capital of the remaining Facilities.

  • Approval Process Tenant shall notify Landlord whether it approves of the submitted working drawings within three business days after Landlord’s submission thereof. If Tenant disapproves of such working drawings, then Tenant shall notify Landlord thereof specifying in reasonable detail the reasons for such disapproval, in which case Landlord shall, within five business days after such notice, revise such working drawings in accordance with Tenant’s objections and submit the revised working drawings to Tenant for its review and approval. Tenant shall notify Landlord in writing whether it approves of the resubmitted working drawings within one business day after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Landlord and Tenant. If Tenant fails to notify Landlord that it disapproves of the initial working drawings within three business days (or, in the case of resubmitted working drawings, within one business day) after the submission thereof, then Tenant shall be deemed to have approved the working drawings in question. Any delay caused by Tenant’s unreasonable withholding of its consent or delay in giving its written approval as to such working drawings shall constitute a Tenant Delay Day (defined below). If the working drawings are not fully approved (or deemed approved) by both Landlord and Tenant by the 15th business day after the delivery of the initial draft thereof to Tenant, then each day after such time period that such working drawings are not fully approved (or deemed approved) by both Landlord and Tenant shall constitute a Tenant Delay Day.

  • Due Process ‌ 3.2.1 No employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions that would adversely affect the employee) without just and sufficient cause. 3.2.2 First of all, in the event a disciplinary action is to be taken, the employee shall be advised in writing of the right to representation under this provision of the Agreement prior to the action being taken. 3.2.3 Secondly, when a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given a reasonable period of time to arrange for such representation. 3.2.4 Thirdly, an employee shall be entitled to have present a representative of the Association during any disciplinary action or at any investigatory meeting that may lead to disciplinary action. 3.2.5 Further, the specific grounds forming the basis for disciplinary action will be made available to the employee and the Association in writing. 3.2.6 The District agrees to follow a policy of progressive discipline, so any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action, which normally includes the following: 3.2.6.1 verbal warning 3.2.6.2 written reprimand 3.2.6.3 with nonrenewal or discharge as a final and last resort. This section shall not prevent an arbitrator from viewing the appropriateness of any particular disciplinary action based on all the circumstances. 3.2.7 Any complaint made against an employee will be promptly called to the attention of the employee. When charges of misconduct are made against an employee by any parent, student, or other person which results in an investigation; the principal will give written notice of the allegations to the employee within fifteen (15) working days of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. When investigating such charges, the investigation materials and results will be maintained in the District files except in those instances when the employee is disciplined as a result of the investigation, then the letter of discipline will be placed in the personnel file. The employee will also be given written notice of the results of the investigation within fifteen (15) working days of completion of the investigation. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

  • CENTRAL GRIEVANCE PROCESS The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.