BUSINESS CAPABILITIES Sample Clauses

BUSINESS CAPABILITIES. The Company has elected to enter into this Agreement with Distributor in reliance upon the business ability of the Distributor to meet and perform the operating requirements hereof. The Company requires of the Distributor, and the Distributor by entering into this Agreement, acknowledges that the Distributor shall at all times use all reasonable, commercial efforts to develop business in, to promote the sale of, and to sell the products covered by this Agreement, to customers in the area of sales responsibility described in Paragraph 2.1 hereof and will furnish prompt, efficient and courteous service to the users of Ariel products. Where applicable, the Distributor will assist and support the Company's efforts for joint market development of defined products and/or applications. The Distributor agrees that it will conduct its business in a manner which will reflect most favorably not only upon the Distributor but also the Company and which will preserve and continue the product goodwill created by the manufacture and sale of Ariel products of the highest quality and design. The Distributor, on its part, has elected to enter into this Agreement with the Company because of its knowledge of the Ariel reputation for integrity and fair business practices and of the customer's acceptance of Ariel products. The Distributor expects of the Company, and the Company acknowledges, that the Company will produce and provide product, parts and accessories which are saleable in the Distributor's area of sales responsibility, and which are of a quality and design that under normal conditions and when properly installed, adjusted and maintained will give satisfactory performance for their owners. Insofar as possible, the Company will make such products available in quantities to meet the Distributor's reasonable requirements in the Distributor's area of sales responsibility. The Company will assist in creating a demand for such products by advertising in various advertising media; and will assist the Distributor in the sale of such products by making available to Distributor sales assistance, engineering and application advice, advertising material and campaigns and instructions in sales and service, and business methods.
Sample 1
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BUSINESS CAPABILITIES. Assessor Applicant maintains business expertise, experience, and other qualifications in the following areas or as otherwise described in the Program Documentation:
Sample 1

Related to BUSINESS CAPABILITIES

  • Disaster Recovery and Business Continuity The Parties shall comply with the provisions of Schedule 5 (Disaster Recovery and Business Continuity).

  • Business Continuity Registry Operator shall maintain a business continuity plan, which will provide for the maintenance of Registry Services in the event of an extraordinary event beyond the control of the Registry Operator or business failure of Registry Operator, and may include the designation of a Registry Services continuity provider. If such plan includes the designation of a Registry Services continuity provider, Registry Operator shall provide the name and contact information for such Registry Services continuity provider to ICANN. In the case of an extraordinary event beyond the control of the Registry Operator where the Registry Operator cannot be contacted, Registry Operator consents that ICANN may contact the designated Registry Services continuity provider, if one exists. Registry Operator shall conduct Registry Services Continuity testing at least once per year.

  • BUSINESS CONTINUITY/DISASTER RECOVERY In the event of equipment failure, work stoppage, governmental action, communication disruption or other impossibility of performance beyond State Street’s control, State Street shall take reasonable steps to minimize service interruptions. Specifically, State Street shall implement reasonable procedures to prevent the loss of data and to recover from service interruptions caused by equipment failure or other circumstances with resumption of all substantial elements of services in a timeframe sufficient to meet business requirements. State Street shall enter into and shall maintain in effect at all times during the term of this Agreement with appropriate parties one or more agreements making reasonable provision for (i) periodic back-up of the computer files and data with respect to the Trusts; and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. State Street shall test the ability to recover to alternate data processing equipment in accordance with State Street program standards, and provide a high level summary of business continuity test results to the Trusts upon request. State Street will remedy any material deficiencies in accordance with State Street program standards. Upon reasonable advance notice, and at no cost to State Street, the Trusts retain the right to review State Street’s business continuity, crisis management, disaster recovery, and third-party vendor management processes and programs (including discussions with the relevant subject matter experts and an on-site review of the production facilities used) related to delivery of the service no more frequently than an annual basis. Upon reasonable request, the State Street also shall discuss with senior management of the Trusts any business continuity/disaster recovery plan of the State Street and/or provide a high-level presentation summarizing such plan.”

  • Training a. The employer, in consultation with the local, shall be responsible for developing and implementing an ongoing harassment and sexual harassment awareness program for all employees. Where a program currently exists and meets the criteria listed in this agreement, such a program shall be deemed to satisfy the provisions of this article. This awareness program shall initially be for all employees and shall be scheduled at least once annually for all new employees to attend.

  • Personnel Provide, without remuneration from or other cost to the Trust, the services of individuals competent to perform the administrative functions which are not performed by employees or other agents engaged by the Trust or by the Adviser acting in some other capacity pursuant to a separate agreement or arrangement with the Trust.

  • Experience, Financial Capability and Suitability Subscriber is: (i) sophisticated in financial matters and is able to evaluate the risks and benefits of the investment in the Shares and (ii) able to bear the economic risk of its investment in the Shares for an indefinite period of time because the Shares have not been registered under the Securities Act (as defined below) and therefore cannot be sold unless subsequently registered under the Securities Act or an exemption from such registration is available. Subscriber is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. Subscriber must bear the economic risk of this investment until the Shares are sold pursuant to: (i) an effective registration statement under the Securities Act or (ii) an exemption from registration available with respect to such sale. Subscriber is able to bear the economic risks of an investment in the Shares and to afford a complete loss of Subscriber’s investment in the Shares.

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