This excerpt taken from the EYE 8-K filed Jul 3, 2007.
26.01 Termination Assistance Services.
Upon AMOs request, and regardless of the reason for the full or partial termination or expiration of this Agreement, IBM shall during the Termination Assistance Period, provide the Termination Assistance Services based on the Annual Services Charges (and the charges agreed to in writing for any Out of Scope Services) being paid by AMO at the time of such termination or expiration. If termination is by IBM in accordance with Section 25.06, then Termination Assistance Services will be provided upon payment in advance by AMO for such services. IBMs quality and level of performance during the Termination Assistance Period shall not be degraded and, at AMOs request, Termination Assistance Services shall be provided either to AMO or to another supplier of AMOs choosing; provided, however, that IBM is not obligated to provide Termination Assistance Services if such Services will unreasonably and materially interfere with IBMs ability to perform the Covered Services (unless AMO provides IBM in advance the appropriate written relief from any Covered Service or Service Level commitments). After the expiration of the Termination Assistance Period and for a period of *** thereafter, IBM shall (1) be reasonably available to answer questions from AMO regarding the Services on an as needed basis at IBMs then standard billing rates, (2) deliver to AMO any remaining AMO-owned reports and documentation still in IBMs possession, and (3) deliver to AMO, at no additional cost to AMO, a copy of the in-use version and release of the AMO Software. IBMs assistance after the expiration of the Termination Assistance Period shall include, but not be limited to, consulting services, software configuration and reviewing all supported Application and System Software with a new service provider. In the event that AMO has selected or is contemplating the selection at a new party to provide the services contemplated under this Agreement, IBM shall provide the Termination Assistance Services to such party or parties as identified by AMO.
In all instances, to the extent IBM is utilizing agents and/or authorized subcontractors to provide the Covered Services, IBM shall ensure that such agents and/or subcontractors continue to provide the Covered Services at the same quality level during the Termination Assistance Period as provided during the Term.
26.02 Exit Rights.
Upon the End Date: