Common use of Upgrades and Enhancements Clause in Contracts

Upgrades and Enhancements. 21.3.1 CDKX shall deliver to APL any improved version of the Software when and as they become available. 21.3.2 In reasonable time prior to the delivery of a new release CDKX shall make available to APL all amendments to the Software's specification which shall be necessary to describe the facilities and functions of the new release. 21.3.3 Notwithstanding anything else contained herein, APL shall not be obliged to accept or use the new release if its use would result in any of the facilities and functions of the System being diminished or curtailed or if its use would unduly interrupt the use of the Software in which event CDKX shall continue to perform its obligations in respect of the Software. CDKX's obligations under this Agreement with regard to the Software shall also apply to any such new version or replacement thereof. 21.3.4 It is an essential term of this Agreement that CDKX shall (and CDKX hereby agrees to) make modifications, enhancements upgrades or further development from time to time of and on the Software at the request in writing by APL (which request must not be unreasonable and be within the scope of current and available technology and software on the market and relate to CDKX's development plan). CDKX undertakes to make complete, available and install the same on the Hardware such upgrade, modification, enhancement and development to the Software upon such reasonable request by APL within a reasonable time and as soon as possible.