Benchmark Tests Sample Clauses

Benchmark Tests. Licensee shall not directly or indirectly by enabling, encouraging, or permitting any third party to do so, publish, file with any government entity, or except for Licensee’s own internal purposes, otherwise disclose the results of any scientific, medical, competitive or other Software benchmark test (“Benchmark Test”) without the prior written consent of Xxxxxxx. Persyst will not unreasonably withhold consent if Xxxxxxx is provided with the methodology to be used as well as reasonable access to the data. Additionally, the Benchmark Test must not violate any intellectual property rights of Persyst or any applicable law. If Licensee breaches this Section, then upon demand, Licensee shall pay Persyst the sum of Five Million Dollars ($5,000,000) as liquidated damages. The parties agree that quantifying damages arising from Licensee’s breach of this Section is inherently difficult because the breach may, among other things, negatively impact the reputation of the Software, Services and/or Persyst, cause Persyst to lose licensees, resellers, profits and goodwill and/or require Persyst to prepare and implement a correction campaign. Additionally, it is stipulated that the agreed sum is not a penalty, but rather an exclusive remedy for a breach of this Section and a reasonable measure of damages based on the experiences of each of the parties, and given the nature of the damages and losses that will result.
Sample 1
AutoNDA by SimpleDocs
Benchmark Tests. Customer shall not publish any results of benchmark tests run on the Solution. If Customer runs any benchmark tests on the Solution, Customer agrees to provide the results of such tests to IPRO for continued improvements where necessary.
Sample 1
Benchmark Tests. Customer will not publish to any third parties any performance or benchmark data related to the Software without DI's prior written consent.
Sample 1
Benchmark Tests. Veritas will not publish any performance or benchmark data related to the Software without DI's prior written consent.
Sample 1
Benchmark Tests. You may not publish the results of any benchmark tests run on the SDK without written permission from Polycom.
Sample 1

Related to Benchmark Tests

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Benchmarking 19.1 The Parties shall comply with the provisions of Framework Schedule 12 (Continuous Improvement and Benchmarking) in relation to the benchmarking of any or all of the Goods and/or Services.

  • Financial testing The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).

  • Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.

  • Measurement Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.

  • Tests 7.7.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect timely notice of its readiness so the Architect may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals conducted by public authorities.

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!