REPLACING THAT COMPONENT,
in accordance with this clause and clauses 27.4 and 27.5.
(G)
THE CONTRACTOR IS ENTITLED TO MAKE A CLAIM FOR AN AMOUNT
PAYABLE UNDER CLAUSE 23.10(F) FOR A COMPONENT REPLACED IN ACCORDANCE WITH CLAUSE
23.10(E) IN THE FIRST MONTHLY INVOICE THAT THE CONTRACTOR ISSUES AFTER THE DATE
ON WHICH THE COMPONENT IS REPLACED.
THE MONTHLY INVOICE MUST INCLUDE DETAILS
OF:
(I)
THE SPECIFIC COMPONENT REPLACED (INCLUDING THE TYPE OF
COMPONENT AND ITS LOCATION);
(II)
THE COMPONENT WHICH WAS INSTALLED AS A REPLACEMENT;
(III)
THE DATE AND TIME THAT THE REPLACEMENT TOOK PLACE;
(IV)
THE PRICE OF THE REPLACEMENT, IN ACCORDANCE WITH SCHEDULE 33;
AND
(V)
THE DIRECT COSTS OF REPLACING THE COMPONENT, INCLUDING FULL
DETAILS OF ALL COSTS OF ANY EQUIPMENT, MATERIALS AND LABOUR COSTS ASSOCIATED
WITH THE REPLACEMENT.
Notwithstanding any other provision of this agreement, the Principal is not
obliged to pay the Contractor for any amount claimed under this clause 23.10
unless the Monthly Invoice complies with this clause 23.10(g).
(H)
EITHER PARTY MAY, AT ANY TIME DURING THE TERM, GIVE THE
OTHER PARTY WRITTEN NOTICE OF THE DETAILS OF A PROPOSED AMENDMENT TO
SCHEDULE 33.
THAT NOTICE MUST:
(I)
PROVIDE FULL DETAILS OF THE PROPOSED AMENDMENT, INCLUDING,
WHERE APPLICABLE, DETAILS OF ANY COMPONENTS LISTED IN SCHEDULE 33 WHICH THE
PARTY BELIEVES DO NOT NEED TO BE REPLACED AND THE REASON WHY THEY DO NOT NEED TO
BE REPLACED;
106
(II)
PROVIDE DETAILS OF ANY COMPONENTS WHICH THE PARTY BELIEVES
SHOULD NOW BE REPLACED AND THE REASON WHY THEY NEED TO BE REPLACED;
(III)
FOR ANY COMPONENTS WHICH THE PARTY IS NOW PROPOSING BE
REPLACED, PROVIDE DETAILS OF THE COST PER COMPONENT FOR THAT REPLACEMENT; AND
(IV)
PROVIDE DETAILS OF THE OVERALL CHANGE TO THE PRICE OF THE
REPLACEMENT PROGRAM SET OUT IN SCHEDULE 33 ARISING FROM THE PROPOSED AMENDMENT,
SUBJECT TO THE LIMITATION THAT THE OVERALL COST CANNOT EXCEED THE MAXIMUM
REFRESH AMOUNT SET OUT IN SCHEDULE 33.
(I)
THE PARTIES AGREE TO NEGOTIATE IN GOOD FAITH TO AGREE ANY
AMENDMENT TO SCHEDULE 33 PROPOSED PURSUANT TO A NOTICE GIVEN UNDER CLAUSE
23.10(H).
23.11
VERSIONS AND UPDATES
The Contractor must as part of the Core Services provide Software support in
respect of the Solution including:
(A)
ENSURING THAT ALL IMPROVEMENTS, MODIFICATIONS, FIXES,
UPDATES, ADDITIONS TO OR ALTERATIONS TO SOFTWARE THAT IS PART OF THE SOLUTION
CREATED BY OR ON BEHALF OF, OR ENDORSED OR AUTHORISED BY, THE OWNER OF THAT
SOFTWARE, OTHER THAN NEW VERSIONS OF SOFTWARE, ARE INCORPORATED INTO THE
SOLUTION;
(B)
ENSURING THAT ALL THIRD PARTY SOFTWARE THAT IS PART OF THE
SOLUTION IS SUPPORTED BY ITS SUPPLIER;
(C)
IF ANY THIRD PARTY SOFTWARE THAT IS PART OF THE SOLUTION
BECOMES MORE THAN TWO VERSIONS BEHIND THE CURRENT VERSION OF THAT THIRD PARTY
SOFTWARE, THE CONTRACTOR MUST NOTIFY THE PRINCIPAL WITHIN 10 BUSINESS DAYS OF
THAT FACT HAPPENING AND PROVIDE THE PRINCIPAL WITH THE CONTRACTOR'S
RECOMMENDATION AS TO WHETHER THE CURRENT VERSION SHOULD BE INCORPORATED INTO THE
SOLUTION;
(D)
WITHOUT DEROGATING