FOR SUCH SERVICES
WILL BE PAID BY PODS WITHOUT ANY INCREASE IN THE FEES CHARGED BY PODS TO WESTAR.
(B)
ALL MAINTENANCE AND DEVELOPMENT SUPPORT SERVICES PERFORMED BY PODS
HEREUNDER WILL BE SO PERFORMED IN ACCORDANCE WITH INDUSTRY STANDARDS, BUT NOT
LESS, TAKEN AS A WHOLE, THAN THE STANDARD OF THE SERVICES CURRENTLY BEING
PERFORMED BY WESTAR.
ANY EXPENSES REQUIRED TO PERFORM SUCH MAINTENANCE AND
DEVELOPMENT SUPPORT SERVICES OR IMPLEMENT OR OPERATE ANY MODIFICATION,
ENHANCEMENT, OR DEVELOPMENT SHALL BE THE RESPONSIBILITY OF PODS.
ANY ADDITIONAL
MAINTENANCE OR DEVELOPMENT SUPPORT SERVICES REQUESTED OR REQUIRED BY WESTAR THAT
EXCEEDS THE LEVELS SET FORTH IN THIS SECTION 3.7 WILL BE PERFORMED BY PODS AS AN
ADDITIONAL SERVICE IN ACCORDANCE WITH SECTION 3.4 HEREOF.
3.8
STATUS REPORTS.
PODS SHALL SUBMIT A DETAILED WRITTEN PROGRESS
REPORT TO WESTAR EVERY MONTH DURING THE TERM OF THIS AGREEMENT.
SUCH PROGRESS
REPORTS WILL DETAIL THE CURRENT STATUS OF PODS ACTIVITIES, PROGRESS OF THE WORK
BEING PERFORMED AND RESOURCES EXPENDED SINCE THE LAST REPORT, AS WELL AS A
CUMULATIVE TOTAL TO DATE, AND IDENTIFICATION OF ACTUAL AND ANTICIPATED PROBLEM
AREAS, THE IMPACT THEREOF ON THE WORK EFFORT, AND ACTION BEING TAKEN OR
ALTERNATIVE ACTIONS TO BE TAKEN TO REMEDY SUCH PROBLEMS.
3.9
STATUS MEETINGS.
EITHER PARTY MAY REQUEST A STATUS MEETING BE HELD
AT ANY TIME AND A STATUS MEETING SHALL BE HELD AT LEAST ONCE PER CALENDAR
QUARTER, TO REVIEW THE STATUS OF ACTIVITIES PERFORMED BY PODS HEREUNDER.
7
3.10
IT SERVICES FOR THIRD PARTIES.
PODS SHALL BE ENTITLED TO UTILIZE
THE WESTAR EQUIPMENT, WESTAR SYSTEMS AND THIRD-PARTY SERVICES FOR ITS INTERNAL
PURPOSES OR TO PROVIDE SERVICES TO THIRD PARTIES WITHOUT ACCOUNTING TO WESTAR
PROVIDED, THAT (A) SUCH SERVICES DO NOT CONFLICT WITH OR IMPAIR THE IT SERVICES
PROVIDED TO WESTAR OR ANY OTHER WESTAR ACTIVITIES OR OPERATIONS, AND (B) PODS IS
SOLELY RESPONSIBLE FOR ACQUIRING ANY ADDITIONAL LICENSES OR LICENSE UPGRADES AS
NECESSARY TO UTILIZE THE WESTAR EQUIPMENT, WESTAR SYSTEMS AND THIRD-PARTY
SERVICE FOR INTERNAL OR THIRD PARTY SERVICES.
4.
WESTAR RESPONSIBILITIES
4.1
WESTAR OBLIGATIONS.
IN ADDITION TO ITS OTHER OBLIGATIONS
HEREUNDER, WESTAR WILL, ON A TIMELY BASIS:
(A)
ESTABLISH APPROPRIATE PRIORITIES FOR WESTAR THAT RELATE TO IT
SERVICES AND COMMUNICATE THE SAME TO PODS.
(B)
COOPERATE WITH PODS BY, AMONG OTHER THINGS, MAKING AVAILABLE, AS
REASONABLY REQUESTED BY PODS, TIMELY MANAGEMENT DECISIONS, INFORMATION,
APPROVALS, AND ACCEPTANCE IN ORDER THAT PODS MAY PROPERLY ACCOMPLISH ITS
OBLIGATIONS AND RESPONSIBILITIES HEREUNDER.
(C)
PAY ALL COSTS OF ACQUISITION, INSTALLATION AND USE OF EQUIPMENT
AND SERVICES NOT INCLUDED IN THE FEE SHOWN ON SCHEDULE 5.1(A), AS REQUIRED FOR
THE PERFORMANCE OF THE IT SERVICES AS REQUESTED AND APPROVED BY WESTAR.
4.2
WESTAR LIAISON; PODS LIAISON; MANAGEMENT COMMITTEE.
(A) DURING THE
TERM OF THIS AGREEMENT, WESTAR AND PODS WILL EACH DESIGNATE AN EMPLOYEE WITH
SUFFICIENT KNOWLEDGE AND BACKGROUND TO ACT AS THE PRIMARY LIAISON BETWEEN WESTAR
AND PODS (THE "WESTAR LIAISON" OR "PODS LIAISON" AS THE CASE MAY BE).
THE
WESTAR LIAISON WILL HAVE PRIMARY OPERATIONAL RESPONSIBILITY FOR WESTAR'S
RESPONSIBILITIES HEREUNDER