Buyer Responsibilities. Buyer will: (a) promptly perform its obligations identified in the applicable Proposal or Order; (b) promptly provide all information reasonably required or useful for performance of the Service, including completion of the Order, prior to commencement of the Services; (c) designate a business contact and a technical contact to coordinate Buyer’s personnel and act as a liaison; (d) seek all consents and permits and provide all notices required in connection with the completion of the Services; and (e) provide Honeywell with prompt access to Buyer’s systems and premises as set forth in Section 12(c) (Working Hours for Services) to the extent necessary during the performance of the Services. If Buyer fails to perform any of Buyer’s obligations, Honeywell will: (i) be excused from failure to perform any of Honeywell’s affected obligations under this Agreement; (ii) be entitled to a reasonable extension of time, and a reasonable reimbursement of additional costs or fees incurred as a result of the same; and (iii) not be responsible for any liability arising from such failure. Honeywell is not responsible or liable for any problems, unavailability, delay or security incidents arising from or related to:
(A) conditions or events reasonably outside of Honeywell’s control; (B) cyberattack; (C) public internet and communications networks; (D) data, software, hardware, services, telecommunications, infrastructure or networking equipment not provided by Honeywell, or acts or omissions of third parties Buyer retains; (E) Buyer’s and/or Buyer’s users’ negligence or failure to use the latest version or follow Documentation; (F) modifications or alterations not made by Honeywell; (G) loss or corruption of data; (H) unauthorized access via Buyer’s credentials; or (I) Buyer’s failure to use commercially reasonable administrative, physical and technical safeguards to protect Buyer’s systems or data or follow industry-standard security practices.
Buyer Responsibilities. Buyer shall provide electrical power to portable electric tools, sufficient light, elevator service for both personnel and material where required, and reasonable cooperation of its employees. Buyer shall assist Seller’s personnel to store tools and materials in locations reasonably convenient to the installation site and not subject to pilferage. In addition, a 120 VAC 15 AMP separate circuit must be supplied within 10 feet of Seller’s control panel.
Buyer Responsibilities. Following Closing, Buyer shall be solely responsible for any and all maintenance activities necessitated or elected in connection with the Property, including, but not limited to, erecting and maintaining any fencing required pursuant to applicable law; constructing, installing, or creating entrances and rights of ingress and egress; site clean- up; and any and all costs and expenses incurred in connection therewith.
Buyer Responsibilities. Buyer acknowledges and agrees that Buyer is solely responsible for the selection of the Items, their ability to achieve the results Buyer intends, their use with any hardware, software, peripherals or any system, and the performance that Buyer, Buyer’s customers and end users obtain from using them. Buyer alone shall assume any and all warranty obligations with customers and end users for each Buyer product that incorporates the Items, and Buyer has no authority to obligate Aquantia in any way under each such warranty.
Buyer Responsibilities. Subject to the provisions of Section 5.4(a), after the Closing Date, Buyer (on behalf of Sellers to the extent required under Applicable Law), at its cost, shall be solely responsible (subject to each Seller’s obligations set forth in clause (c) below) and liable for (i) taking all actions, paying all fees and conducting all communication with the appropriate Regulatory Authority required by Law in respect of the Regulatory Authorizations, including preparing and filing all reports (including adverse drug experience reports) with the appropriate Regulatory Authority; (ii) investigating all complaints and reports of adverse drug experiences with respect to any Product or the Compound pursuant to such Regulatory Authorizations (whether Exploited before or after transfer of such Regulatory Authorizations); and (iii) fulfilling all other applicable legal and regulatory obligations of a holder of each Regulatory Authorization.
Buyer Responsibilities. Unless and only to the extent set forth in the quotation of which these terms are a part, Buyer, its employees and agents will take all necessary steps to ensure that the deliverables will be set-up, assembled, installed and used (whether by Buyer or a third party) in accordance with Seller's instructions, the instruction manual provided as well as all requirements of all applicable governmental authorities pertaining to the installation and operation of the deliverables. Buyer takes sole responsibility for any installation or application that involves utilization of a deliverable that is not a complete product with components or other items not supplied by Seller. Buyer shall be fully responsible for the safety of any worksite at which any services by Seller away from Seller's premises are performed. Buyer shall indemnify, defend and hold harmless Seller against all damages, losses, costs, claims and expenses, including reasonable legal fees incurred by Seller, arising out of any of the foregoing.
Buyer Responsibilities. Without in any way limiting or qualifying Buyer’s representations and obligations or Seller’s disclaimers under this Agreement, Buyer expressly acknowledges that it is responsible for (a) delivery and installation of the Product; (b) Buyer's incorporation, attachment or otherwise engagement of any attachment, feature or device to the Product, or any part thereof; (c) any accident, transportation, neglect or misuse, alteration, modification, or enhancement of the Product by Buyer; (d) failure to provide a suitable installation environment; (e) use of supplies or materials not meeting applicable standards and requirements for the Product; or, (f) use of the Product for other than the specific purpose for which the Product is designed.
Buyer Responsibilities. The Buyer is liable and responsible for certain actions and responsibilities in preparing the facility, laboratory, or room to accept the Products purchased and to be installed by Instron and for the proper and safe protection of the Products until installed and commissioned by Instron or its authorized representative (“Instron Service Personnel”). These actions and responsibilities include, but are not limited to, air supply, electrical supply and regulation, cooling water, safe handling and moving equipment, structural integrity of building and floor where testing system shall be located, etc. Please refer to Instron’s Customer Responsibilities document, which shall be considered part of these Terms , and/or the Pre-Installation Manual for the Products for more specific information for all new testing system purchases. Instron Customer Service in the USA and Canada may also be contacted at (000) 000-0000 for assistance. For outside the USA, please contact the local Instron office or its local representative; details of such contact can be found on Instron’s website (xxx.xxxxxxx.xxx). The operation, use, calibration, maintenance, and repairs associated with the Buyer’s existing testing instrument and any existing testing accessories shall remain the responsibility of the Buyer. In order for a retrofit to be successful, the existing testing instrument must be in full and good operating condition. All safety features on the existing instrument must function correctly and within the manufacturer’s specifications. THE BUYER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THE EXISTING TESTING INSTRUMENT UPON WHICH THE RETROFIT IS TO BE INSTALLED IS IN PROPER AND SAFE WORKING CONDITION AND FULLY OPERATIONAL PRIOR TO THE RETROFIT INSTALLATION INSTRON SERVICE PERSONNEL. Should any portion of the Buyer’s existing frame not function properly, safely and/or within the original manufacturer’s specifications, it is the Buyer’s responsibility to correct any and all of these deficiencies to return the existing frame to safe and correct working order before the retrofit installation can proceed.
Buyer Responsibilities. The Buyer is responsible for implementing protective measures to safeguard data, including appropriate policies and procedures, technical measures (e.g., encryption, firewalls, multi-factor authentication, etc.), and training of affected personnel, whether employees or contractors. In all cases, the Buyer is responsible for complying with applicable Laws.
Buyer Responsibilities. 1) In addition to BUYER’s other obligations under the Agreement (including those in Clause 10 of the Agreement), BUYER and its customers shall comply with the Terms of acceptance.
