2Service and System Control Clause Samples
The 'Service and System Control' clause defines the rights and responsibilities regarding the management and oversight of a service or system provided under an agreement. Typically, this clause outlines which party has authority to operate, monitor, and make decisions about the system, such as implementing updates, managing user access, or responding to technical issues. By clearly allocating control and operational duties, the clause helps prevent disputes over system management and ensures smooth, uninterrupted service delivery.
2Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties:
(a) NCIT has and will retain sole control over the operation, provision, maintenance and management of the Services and NCIT Materials, including the: (i) NCIT Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iii) performance of maintenance, upgrades, corrections and repairs; and
(b) Licensee has and will retain sole control over the operation, maintenance and management of, and all access to and use of, the Licensee Systems, and sole responsibility for all access to and use of the Services and NCIT Materials by any Person by or through the Licensee Systems or any other means controlled by Licensee or any Authorized User, including any information, instructions or materials provided by any of them to NCIT or Subcontractors.
2Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties:
(a) Licensor has and will retain sole control over the operation, provision, maintenance and management of the Services and Licensor Materials, including the: (i) Licensor Systems; (ii) selection, deployment, modification and replacement of the Service Software; and (iv) performance of Service maintenance, upgrades, corrections and repairs; and
(b) Licensee has and will retain sole control over the operation, maintenance and management of, and all access to and use of, the Licensee Systems, and sole responsibility for all access to and use of the Services and Licensor Materials by any Person by or through the Licensee Systems or any other means controlled by Licensee or any Authorized User, including any information, instructions or materials provided by any of them to the Services or Licensor.