Common use of Affiliate SOWs Clause in Contracts

Affiliate SOWs. For the purposes of this Agreement, “Affiliate(s)” means any entity controlled by, controlling, or under common control with a party to this Agreement. Control shall exist through ownership, directly or indirectly, of a majority of the outstanding equity capital and of the outstanding shares or other securities entitled to vote generally in elections of directors or similar officials. If an entity ceases to meet these criteria, it shall cease to be an Affiliate under this Agreement.. The parties agree that an Affiliate of either party may negotiate and sign a SOW which references this Agreement and is governed by this Agreement. Customer’s Affiliates shall be considered the Customer for the purposes of such SOW. In the event that a Customer Affiliate breaches the provisions of such a SOW or breaches the provisions of this Agreement, the Customer shall be liable to OT as if such breach were committed directly by the Customer.

Appears in 5 contracts

Samples: Professional Services Agreement, Text Professional Services Agreement, Text Professional Services Agreement

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Affiliate SOWs. For the purposes of this Agreement, “Affiliate(s)” means any entity controlled by, controlling, or under common control with a party to this Agreement. Control shall exist through ownership, directly or indirectly, of a majority of the outstanding equity capital and of the outstanding shares or other securities entitled to vote generally in elections of directors or similar officials. If an entity ceases to meet these criteria, it shall cease to be an Affiliate under this Agreement.. . The parties agree that an Affiliate of either party may negotiate and sign a SOW which references this Agreement and is governed by this Agreement. Customer’s Affiliates shall be considered the Customer for the purposes of such SOW. In the event that a Customer Affiliate breaches the provisions of such a SOW or breaches the provisions of this Agreement, the Customer shall be liable to OT as if such breach were committed directly by the Customer.

Appears in 4 contracts

Samples: Professional Services Agreement (Master), Professional Services Agreement, Professional Services Agreement

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Affiliate SOWs. For the purposes of this Agreement, “Affiliate(s)” means any entity controlled by, controlling, or under common control with a party to this Agreement. Control shall exist through ownership, directly or indirectly, of a majority of the outstanding equity capital and of the outstanding shares or other securities entitled to vote generally in elections of directors or similar officials. If an entity ceases to meet these criteria, it shall cease to be an Affiliate under this Agreement.. . The parties agree that an Affiliate of either party may negotiate and sign a SOW which references this Agreement and is governed by this Agreement. Customer’s Affiliates shall be considered the Customer for the purposes of such SOW. In the event that a Customer Affiliate breaches the provisions of such a SOW or breaches the provisions of this Agreement, the Customer shall be liable to OT Rocket Software as if such breach were committed directly by the Customer.

Appears in 1 contract

Samples: Rocket Software Former Opentext Products Professional Services Agreement

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