Breaches of the use agreement Sample Clauses

Breaches of the use agreement. 5.1. Breaches of the use agreement can undermine the values of the school and the safety of the learning environment, especially when ICT is used to facilitate misconduct. 5.2. Such a breach which is deemed harmful to the safety of the school (for example, involvement with inappropriate material, or anti-social activities like harassment), may constitute a significant breach of discipline and possibly result in serious consequences. The school will respond to any breach of the use agreement in an appropriate manner, taking into account all relevant factors, including contractual and statutory obligations. 5.3. If there is a suspected breach of use agreement involving privately-owned ICT on the school site or at a school related activity, the matter may be investigated by the school. The school may request permission to audit that equipment/device(s) as part of its investigation into the alleged incident. 5.4. Involvement with material which is deemed ‘age-restricted’, or ‘objectionable’ (illegal), under the Films, Videos and Publications Classification Act 1993, is a very serious matter, as is involvement in an activity which might constitute criminal misconduct, such as harassment. In such situations, it may be necessary to involve law enforcement in addition to any disciplinary response made by the school as a result of its investigation.

Breaches of the use agreement. 13.1 Any breach of the College’s e-‐Safety and Acceptable Use Policy, or Personal Digital Device Policy which is deemed harmful to the safety of the College such as involvement with inappropriate or illegal material, anti-‐social activities and possession of Peer-‐to-‐Peer software will constitute a signiﬁcant breach of discipline and result in serious consequences. A breach of this agreement will result in the laptop, iPad or ICT device being re-‐imaged. Any further breaches of this nature will result in changes to the management of the laptop, iPad or ICT device. 13.2 If there is a suspected breach of use agreement involving privately owned ICT on the College site or at a College-‐related activity, the matter may be investigated by the College. The College may ask to check or audit that ICT equipment/device as part of its investigation into the alleged incident. 13.3 Involvement with material which is deemed ‘age-‐restricted’, or ‘objectionable’ (illegal) is a very serious matter, as is in-‐ volvement in an activity, which might constitute criminal misconduct, such as harassment. In such situations, it may be neces-‐ sary to involve law enforcement in addition to any disciplinary response made by the College as a result of its investigation. Mordialloc College 1:1 Netbook, Acceptable Use & e-Safety Agreemen t

Breaches of the use agreement. 6.1. Breaches of the use agreement can undermine the values of the College and the safety of the learning environment, especially when ICT is used to facilitate misconduct. 6.2. Such a breach which is deemed harmful to the safety of the College such as involvement with inappropriate or illegal material, anti-social activities such as harassment and bullying and possession of Peer-to-Peer software such as Frost Wire or Vuze will constitute a significant breach of discipline and result in serious consequences. A breach of this agreement will result in the laptop or ICT device being reimaged. Any further breaches of this nature will result in changes to the management of the laptop or ICT device. The Digital Learning Leader Coordinator and/or community coordinator will respond and take appropriate action regarding consequences of all breaches. 6.3. If there is a suspected breach of use agreement involving privately-owned ICT on the College site or at a College-related activity, the matter may be investigated by the College. The College may request permission to audit that equipment/device(s) as part of its investigation into the alleged incident. 6.4. Involvement with material which is deemed ‘age-restricted’, or ‘objectionable’ (illegal) is a very serious matter, as is involvement in an activity which might constitute criminal misconduct, such as harassment. In such situations, it may be necessary to involve law enforcement in addition to any disciplinary response made by the College as a result of its investigation.

Breaches of the use agreement. 6.1. Breaches of the Use Agreement can undermine the values of the College and the safety of the learning environment, especially when ICT is used to facilitate misconduct. 6.2. Such a breach which is deemed harmful to the safety of the College, such as involvement with inappropriate or illegal material, anti‐social activities such as harassment and bullying and possession of Peer‐to‐Peer software such as Limewire or BitTorrent, will constitute a significant breach of discipline and result in serious consequences. A breach of this agreement will result in the netbook, or ICT device being reimaged. Any further breaches of this nature will result in changes to the management of the netbook, or ICT device. The ICT Manager and/or year level coordinator will respond and take appropriate action regarding consequences of all breaches.

Breaches of the use agreement. 5.1 Breaches of the use agreement can undermine the values of the school and the safety of the learning environment, especially when ICT is used to facilitate misconduct. 5.2 Such a breach which is deemed harmful to the safety of the school (for example, involvement with inappropriate material, or anti-social activities like bullying), may constitute a significant breach of discipline and possibly result in serious consequences. The school will respond to any breach of the use agreement in an appropriate manner and in accordance with the school’s pastoral care policies, taking into account all relevant factors, including contractual and statutory obligations. 5.3 If there is a suspected breach of the use agreement involving privately-owned ICT on the school site or at a school-related activity, the matter may be investigated by the school. The school may request permission to audit that equipment/device(s) as part of its investigation into the alleged incident.

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Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.
REMEDIES, CHARACTERIZATION, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Warrant (including, without limitation, compliance with Section 2 hereof). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of this Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf.
Termination of License Agreement This Agreement will terminate automatically in the event that the License Agreement is terminated, provided that prior to such termination of this Agreement becoming effective, the Parties shall cooperate to wind down the activities being conducted hereunder as set forth in Section 15.5(b).
Breaches of Covenants The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Note.
Pricing Instrument; Execution and Incorporation of Terms The parties hereto will enter into this Indenture by executing the Pricing Instrument. By executing the Pricing Instrument, the Indenture Trustee, the Registrar, the Transfer Agent, the Paying Agent, the Calculation Agent and the Trust hereby agree that the Indenture will constitute a legal, valid and binding agreement between the Indenture Trustee, the Registrar, the Transfer Agent, the Paying Agent, the Calculation Agent and the Trust. All terms relating to the Trust or the Notes not otherwise included herein will be as specified in the Pricing Instrument or Pricing Supplement, as indicated herein.
Resolution of Differences Over Breaches of Agreement Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s employment with the Company or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with this Section 11 of this Agreement and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the “Arbitration Panel”). The Company and the Employee shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof.
Authority; No Breach By Agreement (a) NDC has the corporate power and authority necessary to execute, deliver and perform its obligations under this Agreement and to consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated herein, including the Merger, have been duly and validly authorized by all necessary corporate action in respect thereof on the part of NDC. This Agreement represents a legal, valid, and binding obligation of NDC, enforceable against NDC in accordance with its terms (except in all cases as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, receivership, conservatorship, moratorium, or similar Laws affecting the enforcement of creditors' rights generally and except that the availability of the equitable remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding may be brought). (b) Neither the execution and delivery of this Agreement by NDC, nor the consummation by NDC of the transactions contemplated hereby, nor compliance by NDC with any of the provisions hereof, will (i) conflict with or result in a breach of any provision of NDC's Certificate of Incorporation or Bylaws, or (ii) constitute or result in a Default under, or require any Consent pursuant to, or result in the creation of any Lien on any Asset of any NDC Entity under, any Contract or Permit of any NDC Entity, or, (iii) subject to receipt of the requisite Consents referred to in Section 9.1(b), constitute or result in a Default under, or require any Consent pursuant to, any Law or Order applicable to any NDC Entity or any of their respective material Assets. (c) Other than in connection or compliance with the provisions of the Securities Laws, applicable state corporate and securities Laws, and rules of the NYSE, and other than Consents required from Regulatory Authorities, and other than notices to or filings with the Internal Revenue Service or the Pension Benefit Guaranty Corporation with respect to any employee benefit plans, or under the HSR Act, no notice to, filing with, or Consent of, any public body or authority is necessary for the consummation by NDC of the Merger and the other transactions contemplated in this Agreement.
Application to Master Agreement For the avoidance of doubt, Clause 21.5 does not apply in respect of sums due from the Borrower to the Swap Bank under or in connection with the Master Agreement as to which sums the provisions of section 8 (Contractual Currency) of the Master Agreement shall apply.
Exclusive Agreement This is the entire Agreement between Contractor and Client.

Breaches of the use agreement Sample Clauses

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