CHANGE REQUEST WILL BE CHARGED TO WESTAR AT THE
APPLICABLE PODS RATES UNLESS EXPRESSLY AGREED TO OTHERWISE IN WRITING.
EACH
CHANGE PROPOSAL WILL REQUIRE THE WRITTEN APPROVAL OF WESTAR.
THE SAME PROCEDURE
WILL APPLY IN THE EVENT THE CHANGE REQUEST RELATES TO ONEOK SERVICES OR WOLF
CREEK SERVICES.
AS USED HEREIN, "PODS RATES" MEANS PODS' FULLY-LOADED COST OF
PROVIDING A SERVICE.
3.4
ADDITIONAL IT SERVICES.
IN THE EVENT WESTAR REQUESTS PODS TO
PROVIDE ADDITIONAL SERVICES OR FUNCTIONS WHICH ARE NOT CHANGES IN SCOPE OR
PRIORITY OF IT SERVICES AS SET FORTH IN SECTION 3.3, OR ARE SERVICES NOT COVERED
IN THE IT SERVICES ADDENDUM, PODS AND WESTAR MAY EXECUTE AN ADDITIONAL ADDENDUM
OR ADDENDA REFERENCING THIS AGREEMENT TO PROVIDE FOR SUCH ADDITIONAL SERVICES OR
FUNCTIONS, WHICH SHALL BE PROVIDED AT PODS RATES.
ANY SUCH ADDITIONAL ADDENDUM
OR ADDENDA SHALL BE INCORPORATED HEREIN BY REFERENCE AND SHALL BE SUBJECT TO THE
TERMS AND CONDITIONS HEREOF.
THE SAME PROCEDURE WILL APPLY IN THE EVENT THE
REQUEST FOR ADDITIONAL SERVICES RELATES TO ONEOK SERVICES OR WOLF CREEK
SERVICES.
3.5
ACCEPTANCE OF WORK PRODUCT.
FOR WORK PRODUCT THAT IS NOT PART OF
THE DAY-TO-DAY DELIVERY OF IT SERVICES HEREUNDER, INCLUDING
SPECIFICALLY-REQUESTED DERIVATIVE SYSTEMS (AS DEFINED IN SECTION 6.3(C)),
FOLLOWING DELIVERY OF THAT WORK PRODUCT BY PODS TO WESTAR, WESTAR SHALL, WITHIN
THIRTY (30) DAYS OF DELIVERY BY PODS, REVIEW THE DELIVERED WORK PRODUCT AND
APPROVE IT OR NOTIFY PODS IN WRITING OF NON-APPROVAL, DOCUMENTING IN REASONABLE
DETAIL ANY AND
6
all material defects in that delivered work product. PODS shall, within thirty
(30) days of receipt of such notice, correct any such material failures and
resubmit the work product to Westar.
3.6
SYSTEMS OPERATIONS.
DURING THE TERM OF THIS AGREEMENT, PODS WILL
ASSUME OPERATIONAL RESPONSIBILITY FOR THE WESTAR EQUIPMENT AND WESTAR SYSTEMS
AND WILL OPERATE ALL WESTAR EQUIPMENT AND EACH WESTAR SYSTEM, ALL AT THE SERVICE
LEVELS ESTABLISHED THEREFOR FROM TIME TO TIME PURSUANT TO THE IT SERVICES
ADDENDUM.
IN CONNECTION WITH THE OPERATION OF SUCH WESTAR EQUIPMENT AND WESTAR
SYSTEMS AND TO THE EXTENT SO REQUIRED TO MEET THE SERVICE LEVELS SO ESTABLISHED
WITH RESPECT THERETO, PODS WILL PERFORM THE VARIOUS SYSTEMS OPERATION ACTIVITIES
BEING PERFORMED BY WESTAR IMMEDIATELY PRIOR TO THE EFFECTIVE DATE, WHICH
ACTIVITIES ARE LISTED IN THE IT SERVICES ADDENDUM.
3.7
SYSTEMS SUPPORT SERVICES.
DURING THE TERM OF THIS AGREEMENT, PODS
WILL PERFORM MAINTENANCE AND DEVELOPMENT SUPPORT SERVICES FOR THE WESTAR SYSTEMS
AND PODS SYSTEMS AS DESCRIBED HEREIN (COLLECTIVELY, THE "SYSTEMS") BEING
OPERATED BY PODS HEREUNDER IN ACCORDANCE WITH THE FOLLOWING:
(A)
PODS WILL PERFORM SUCH MAINTENANCE AND DEVELOPMENT SUPPORT
SERVICES FOR THE WESTAR EQUIPMENT AND THE WESTAR SYSTEMS AS NEEDED TO MAINTAIN
THE WESTAR EQUIPMENT AND THE WESTAR SYSTEMS AS FULLY FUNCTIONAL AND OPERATIONAL
WITH UP-TIMES CONSISTENT WITH INDUSTRY STANDARDS FOR OUTSOURCED IT SERVICES, AS
SET FORTH IN THE WESTAR SYSTEMS SCHEDULE ATTACHED HERETO.
WESTAR SHALL HAVE THE
RESPONSIBILITY FOR CONTRACTING FOR ANY ADDITIONAL MAINTENANCE SERVICES REQUIRED
FOR THE WESTAR EQUIPMENT AND THE WESTAR SYSTEMS, BUT THE FEES