AETHER'S CHANGES AND UPGRADES Sample Clauses

AETHER'S CHANGES AND UPGRADES. During the term of this Agreement and so long as payments are current, Schwab will be entitled, without charge, to all enhancements and changes to a Wireless System subject to this Agreement developed and offered by Aether independently for such Wireless System when and if made commercially available by Aether. In connection with such enhancements or changes, the functionality or performance of a Wireless System may be modified, including a conversion of its then existing software to a new version with new and/or enhanced software features. In the event of such a conversion, the parties agree that: (a) the new features will include at least the same level of functionality that Schwab previously received from Aether; (b) Schwxx'x xxxment obligations will remain unchanged during the then remaining term of this Agreement notwithstanding such a change or modification; and (c) Schwab shall be provided at least thirty (30) days in advance of any such changes, notice and a demonstration of such changes. If Schwab reasonably perceives such advanced demonstration to reveal a material adverse change to the performance of an applicable Wireless System or type of services to be provided by Aether or a material adverse effect on the compatibility with Schwab or the applicable end users' hardware, software or browser configurations, then Schwab may, in its sole and absolute discretion, reject such proposed changes or modifications, and Aether will continue to maintain and support the then-existing version of the applicable Wireless System for the remainder of this Agreement. In the event that Schwab does not reject the proposed change or modification, Aether represents, warrants and covenants that, with respect to matters under Aether's sole control, any such conversion of the Wireless System or its features will not cause: (a) any material delay or interruption of performance; (b) material loss or corruption of data; or (c) material incompatibilities with any software or hardware with which the applicable Wireless System is to be provided or used, including, but not limited to, (1) encryption or other security-related systems provided by third parties; and (2) any portion of Schwxx'x xx the applicable end users' hardware, software, or browser configurations. Without limiting the foregoing, with respect to each major upgrade or new version of a Wireless System, Aether shall provide to Schwab, upon Schwxx'x xxxsonable request, such onsite professional services during nor...
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Related to AETHER'S CHANGES AND UPGRADES

  • Changes and Alterations Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:

  • Changes and Modifications (i) DST shall have the right, at any time, to modify any systems, programs, procedures or facilities used in performing its obligations hereunder; provided that the Fund will be notified as promptly as possible prior to implementation of such modifications and that no such modification or deletion shall materially adversely change or affect the operations and procedures of the Fund in using the TA2000 System hereunder, the Services or the quality thereof, or the reports to be generated by such system and facilities hereunder, unless the Fund is given thirty (30) days’ prior notice to allow the Fund to change its procedures and DST provides the Fund with revised operating procedures and controls.

  • Amendments, Changes and Modifications This Agreement may be amended, changed, modified, altered or terminated only by written instrument or written instruments signed by all of the parties hereto.

  • Amendments, changes and supplements Any amendment, change and supplement to this Agreement shall require the execution of a written agreement by all of the Parties.

  • Changes to Specifications All Specifications and any changes thereto agreed to by the parties from time to time shall be in writing, dated and signed by the parties. Any change to the Process shall be deemed a Specification change. No change in the Specifications shall be implemented by Catalent, whether requested by Client or requested or required by any Regulatory Authority, until the parties have agreed in writing to such change, the implementation date of such change, and any increase or decrease in costs, expenses or fees associated with such change (including any change to Unit Pricing). Catalent shall respond promptly to any request made by Client for a change in the Specifications, and both parties shall use commercially reasonable, good faith efforts to agree to the terms of such change in a timely manner. As soon as possible after a request is made for any change in Specifications, Catalent shall notify Client of the costs associated with such change and shall provide such supporting documentation as Client may reasonably require. Client shall pay all costs associated with such agreed upon changes. If there is a conflict between the terms of this Agreement and the terms of the Specifications, this Agreement shall control. Catalent reserves the right to postpone effecting changes to the Specifications until such time as the parties agree to and execute the required written amendment.

  • Changes, etc This instrument and the provisions hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Changes to Fee Structure In the event of Listing, the Company and the Advisor shall negotiate in good faith to establish a fee structure appropriate for a perpetual-life entity.

  • CHANGES AND ADDITIONS BY LANDLORD Landlord reserves the right to make alterations or additions to the Building or the Project, or to the attendant fixtures, equipment and Common Areas. Landlord may at any time relocate or remove any of the various buildings, parking areas, and other Common Areas, and may add buildings and areas to the Project from time to time. No change shall entitle Tenant to any abatement of rent or other claim against Landlord, provided that the change does not deprive Tenant of reasonable access to or use of the Premises.

  • Changes to Services MyECheck may change (or add to) the terms and fees in the Service Documentation at any time upon 30 days prior written notification. If Company discontinues using the affected Service before the change becomes effective, it will not be bound by the change. If Company continues to use a Service after the change becomes effective, it will be bound by the change.

  • Changes; Amendments This Agreement may be changed or amended only by written instrument signed by both parties.

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