ASP. For so long as EarthLink or a Subsidiary of EarthLink owns a share of Class B Common Stock, each Member and each Subsidiary of a Member that acts as an ASP in the United States (each, a “Provider”) and proposes to offer ASP solutions, applications and platforms (including a license or professional service with respect thereto, but excluding Coloring Service, (each, an “ASP Item” and collectively, the “ASP Items”) to any Third Party within or for use within the United States, shall give the Operating Company written notice six (6) months prior to the proposed offer. During the six (6) month notice period, the Operating Company shall have the option to purchase or adopt the offered ASP Item or Items from the Provider (for purposes of internal use or resale to third parties) on terms no less favorable than those offered by the Provider to the Third Party. If the Operating Company purchases or adopts the offered ASP Items(s) from the provider within the option period, then provider shall: (a) be prohibited from offering or selling the ASP Item(s) to any Third Party in the United States or for use in the United States without the Operating Company’s written consent. If the Operating Company declines to acquire or adopt the ASP Item(s), the Provider may provide the ASP Item(s) to the Third Party; and (b) provide the Operating Company with a reasonably detailed service deployment plan with respect to the ASP Item(s). The foregoing shall not apply to contracts between a Provider and any Third Party entered into prior to November 1, 2004. Under no circumstances shall SKT propose to offer ASP Items to third parties within or for use in the United States during 2005.
ASP. A copy is available for viewing at the School District’s office, and a hard copy will be mailed upon request. To the extent that there is any discrepancy between the attached or provided schedule of prevailing wage rates and the published rates as are applicable under WAC 000-000-000, or if no schedule is attached, then the applicable published rates shall apply at no increase to the Contract Sum. The Contractor shall provide the respective Subcontractors with a schedule of the applicable prevailing wage rates. The Industrial Statistician will answer questions relating to prevailing wage data upon request.
ASP. Service Provider shall be responsible for those items set forth in the ASP.
ASP. For so long as EarthLink or a Subsidiary of EarthLink owns a share of Class B Common Stock, each Stockholder and each Subsidiary of a Stockholder that acts as an ASP in the United States (each, a “Provider”) shall, if requested by the Operating Company, provide ASP solutions, applications and platforms, including a license or professional service with respect thereto, but excluding Coloring Service, to the Operating Company on terms no less favorable than those offered by the Provider to third party purchasers in the United States for substantially similar volumes of substantially similar products and services.
ASP. In the event of termination ASP shall:
14.01.1 perform with respect to COREL all payment and other obligations of ASP arising under this Agreement within thirty (30) days of termination;
14.01.2 immediately cease to use the COREL Marks in any manner whatsoever and immediately cease to act as a Software access provider and to represent itself as such; and
14.01.3 immediately remove all Software provided pursuant to this Agreement from ASP System and ASP's server and erase or destroy any such Software contained on ASP computers and/or computer diskettes in possession or under its control.
ASP. 1 to provide bank guarantees
(a) At or before the time it signs this agreement, the ASP/1 must provide to Ausgrid one or more acceptable bank guarantees to Ausgrid in an amount equal to the amount required at the date of this agreement.
(b) If at any time during the guarantee term the total uncalled amount of all bank guarantees provided under or in connection with this agreement is less than the amount required at that time:
i) Ausgrid may issue the ASP/1 with a notice requiring the ASP/1 to provide one or more further acceptable bank guarantees so that the total uncalled amount of all bank guarantees held by Ausgrid will equal the required amount (additional security); and
ii) within 20 business days of that notice, the ASP/1 must provide the additional security to Ausgrid. Should the additional security not be received in accordance with the above requirements, Ausgrid reserves the right to prevent the ASP/1 from commencing construction on any new projects or existing projects being electrified, until the additional security is received. Subject to clause 6.3, all bank guarantees provided to Ausgrid under or in connection with this agreement will remain in place until the guarantee term expires.
ASP. 1. Shall service and maintain the Equipment and keep the Equipment in good working order.
2. Shall repair and service the Equipment at the Customers request. If required, ASP xxxxx at its sole discretion replace, without any charge, worn-out parts by parts including Photoreceptor (Drum) of serviceable quality. Parts thus replaced shall be the properly of ASP and ASP authorised engineers/representatives shall be entitled to remove and carry away such parts from the Customer’s premises without being liable to the Customer whatsoever.
3. Shall provide the said services during Its normal working hours on ASP working days. Provided always ASP shall be entitled to charge addiitonally for any services required outside of the said ASP normal working hours & ASP working days.
4. Shall not be liable in any manner whatsoever to indemnify the Customer or any user of the Equipment for any loss, injury or damage of any kind whatsoever, howsoever caused.
5. Shall not be liable or responsible, in any manner, to the Customer for the damages caused to the Equipment due to any services performed or use of parts and/or xerographic supplies not conforming to XIL’s approved specifications.
6. Shall be entitled without any let or hindrance to depute its employees or authorised representatives to enter the Customer’s premises at all reasonable time to inspect and service the Equipment.
7. Shall not be liable in any manner whatsoever to the Customer in the event of ASP being prevented or delayed in the performance of any of its obligations under this Agreement due to conditions constituting Force Majeure which shall include but not limited to strikes, lockout, concerted action of workmen, breakdown of communications etc.
8. Shall provide free of charge subject to clause C.7 below all xerographic supplies except power, paper, staples and other output copy material, as and when necessary to do so.
ASP. 1. shall repair, service and supply spare parts required for normal functioning of the Equipment at the Customer’s request within reasonable time of receipt of communication from the Customer. Such services shall be undertaken during ASP’s normal working hours on working days provided. however, the Customer shall pay additionally for service rendered on his request outside these hours at the relevant-rates then prevailing. Such service under this Agreement covers normal preventive and breakdown service requirements -and does not cover those occasioned by use of supplies and parts not conforming to XIL’s approved specifications and/or servicing/tamper ing by unauthorised personnel.
2. shall not be liable in any manner whatsoever to indemnify the Customer or any user of the Equipment for any loss, injury or damage of any kind whatsoever, howsoever caused.
3. shall not be liable or responsible, in any manner, to the Customer for the damages caused to the Equipment due to any services performed or use of parts and/or xerographic supplies not conforming to XIL’s approved specifica- tions or procured from any unauthorized person.
4. shall be entitled without any let or hinderance to depute its employees or authorised representatives to enter the Customer’s premises at all reasonable time to inspect and service the Equipment.
5. shall not be liable in any manner whatsoever to the Customer in the event of ASP being prevented or delayed in the performance of any of its obligations under this Agreement due to conditions constituting Force Majeure which shall include but not be limited to strikes, lockout. concerted action of workmen, breakdown of communications etc.
6. shall be entitled to withhold services and/or spare parts and not effect further supplies in the event of any previous bill remaining unpaid and/or use of unapproved supplies and parts and/or servicing/maintenance of the Equipment by persons other than ASP’s authorised persons and/or wilful act of default or any alteration/attachmant to the Equipment and/or failure to meet the site requirements etc. ASP shall not be responsible for any loss. actual or consequential. which the Customer may claim to have suffered due to such withholding of the services and supplies by ASP.
ASP. A copy is available for viewing at the School District's office, and a hard copy will be mailed upon request. To the extent that there is any discrepancy between the attached or provided schedule of prevailing wage rates and the published rates as are applicable under WAC 000-000-000, or if no schedule is attached, then the applicable published rates shall apply at no increase to the Contract Sum. The Contractor shall provide the respective Subcontractors with a schedule of the applicable prevailing wage rates. The Industrial Statistician will answer questions relating to prevailing wage data upon request. CAMAS SCHOOL DISTRICT NO. I 17 10.13.2 Pursuant to RCW 39.12.060, in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the Department of Labor and Industries, whose decision therein shall be final and conclusive and binding on all parties involved in the dispute.
ASP. A copy is available for viewing at the School District’s office, and a hard copy will be mailed upon request. The Contractor shall keep a paper copy at the Project site.
