By Blackboard Sample Clauses

By Blackboard. We warrant that (a) the Software or SaaS Services licensed to you will not contain any Software Errors (as defined below) for one year from delivery of the Software or for the term of the SaaS Services, respectively; (b) we will perform Professional Services and Hosting Services in a professional manner in accordance with industry standards; and (c) we will comply with all Laws which govern the performance of our obligations hereunder. For any breach of a warranty above which you promptly notify us of in writing, we will exert commercially reasonable efforts to repair or otherwise remedy the non-conformity so that the warranty is materially complied with. With regard to breaches of subsections (a) or (b) above, our remedy may include a code fix, a work around, or other modification. If we are unable to remedy the non-conformity after a reasonable period of time, then YOUR SOLE AND EXCLUSIVE REMEDY shall be: (i) for Professional Services or Hosting Services, to seek a refund of the fees paid for the un-remedied services; and (ii) for licensed Software or SaaS Services, to seek recovery of direct damages caused by the breach, subject to the limitation of liability below. These warranties by us shall not apply if you materially breach the Agreement. “Software Error” means a failure of any Software or SaaS Services to materially conform to its applicable standard end user documentation provided by us (“Documentation”), provided that such failure can be reproduced and verified by us using the most recent version (including all available updates, application packs, and releases) of such Software or SaaS Service made available to you, and further provided that Software Errors do not include any nonconformity to applicable Documentation caused by your material breach of the Agreement, or your unauthorized modification or misuse of the Software or SaaS Services.
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By Blackboard. Blackboard represents and warrants that (a) Blackboard and any person executing or otherwise agreeing on Blackboard’s behalf to this Agreement (including any Schedule, Order Form or click-through agreement which may be incorporated into this Agreement from time to time) has authority to enter into this Agreement, and (b) during the Term Blackboard will comply with all applicable laws and regulations governing all matters set forth herein.
By Blackboard. We warrant that (a) the Software or SaaS Services licensed to you will not contain any Software Errors (as defined above) for one year from its delivery or for the term of the relevant SaaS Services, respectively; (b) we will perform Professional Services and Hosting Services in a professional manner in accordance with industry standards; and (c) we will comply with all Laws which govern the performance of our obligations hereunder. For any breach of a warranty above which you promptly notify of us of in writing, we will exert commercially reasonable efforts to repair or otherwise remedy the non-conformity so that the warranty is materially complied with. With regard to breaches of subsections (a) or (b) above, our remedy may include a code fix, a work around, or other modification. If we are unable to remedy the non-conformity after a reasonable period of time, then YOUR SOLE AND EXCLUSIVE REMEDY shall be: (i) for Professional Services or Hosting Services, to seek a refund of the fees paid for the deficient, un-remedied services; and (ii) for licensed Software or SaaS Services, to seek recovery of direct damages caused by the breach, subject to the limitation of liability below. These warranties by us shall not apply in the event you materially breach this Agreement.

Related to By Blackboard

  • By You You may cancel this policy at any time by giving us written notice or returning the policy to us and stating when thereafter the cancellation is to be effective.

  • Media Release Taxpayer may elect to issue a press release related to this Agreement, but any release shall be approved by GO-Biz in writing prior to such release. Such approval shall not be unreasonably withheld.

  • You A. acknowledge that You Use the Licensed Varieties at your own risk; B. indemnify Us against all Loss incurred by Us and resulting from your Use of any Seed, Retained Seed or Harvested Material or any breach of this Contract.

  • No Improper Use of Materials During his or her employment with the Company, Employee will not improperly use or disclose any Confidential Information or trade secrets, if any, of any former employer or any other person to whom Employee has an obligation of confidentiality, and Employee will not bring onto the premises of the Company any unpublished documents or any property belonging to any former employer or any other person to whom Employee has an obligation of confidentiality unless consented to in writing by that former employer or person.

  • Claims Covered and Released 4.1 Xxxxxxx’x Release of Proposition 65 Claims

  • By Executive Executive may terminate his employment at any time, for any reason, upon giving Notice of Termination.

  • Both Parties The following is expressly understood by all parties of the Agreement: 1. Legal custody of the child or children shall at all times remain with the Cabinet. 2. The parties shall work in partnership and comply with all applicable federal and state laws for services provided under this agreement including: A. Private Child-Caring: 1) Title 920 Kentucky Administrative Regulation (KAR), Cabinet for Health and Family Services o Chapter 1 Administration ▪ 920 KAR 1:060. Protection of human subjects. ▪ 920 KAR 1:070. Deaf, hard of hearing, and speech impaired persons services. ▪ 920 KAR 1:090. Client Civil Rights complaint process. 2) Title 922 Kentucky Administrative Regulation (KAR), Cabinet for Health and Family Services Department for Community Based Services Protection and Permanency, o Chapter 1 Child Welfare ▪ 922 KAR 1:140. Xxxxxx care and adoption permanency services. ▪ 922 KAR 1:300. Standards for child-caring facilities. ▪ 922 KAR 1:305. Licensure of child-caring facilities and child-placing agencies. ▪ 922 KAR 1:320 Service appeals ▪ 922 KAR 1:330, Child protective services. ▪ 922 KAR 1:360. Private child care placement, levels of care, and payment. ▪ 922 KAR 1:380. Standards for emergency shelter child-caring facilities. ▪ 922 KAR 1:390. Standards for residential child-caring facilities ▪ 922 KAR 1:510. Authorization for disclosure of protection and permanency. 3) Title I Kentucky Revised Statutes (KRS) Sovereignty and Jurisdiction of the Commonwealth o KRS Chapter 2 Citizenship, Emblems, Holidays, and Time ▪ KRS 2.015 Age of majority--Exceptions. 4) Title III Kentucky Revised Statutes (KRS), Executive Branch o KRS Chapter 17 Public Safety ▪ KRS 17.165 Definitions--Criminal record check for job applicants at child- care centers--Restrictions on employing violent offenders or persons convicted of sex crimes. 5) Title XIII Kentucky Revised Statutes (KRS), Education o KRS Chapter 158 Conduct of Schools—Special Programs ▪ KRS 158.137 Educational passports for state agency children. 6) Title XVII Kentucky Revised Statutes (KRS), Economic Security and Public Welfare o KRS Chapter 199 Protective Services for Children—Adoption ▪ KRS 199.011 Definitions for chapter. ▪ KRS 199. 640 Licensing of child-caring and child-placing agencies or facilities—License fees—Standards—Recordkeeping and reporting—Use of corporal punishment—Prohibition against hiring convicted sex offender— Confidentiality of records. ▪ KRS 199.645 Administrative regulations for facilities and agencies caring for children before adjudication under KRS Chapter 630. ▪ KRS 199.650 Authorized activities of child-caring facilities or child-placing agencies. ▪ KRS 199.670 Denial, suspension, or revocation of license of child-caring facilities or child-placing agencies. ▪ KRS 199.802 Consideration of best interest of child in placing child within same or different school district.

  • Licensed Materials The materials that are the subject of this Agreement are set forth in Appendix A ("Licensed Materials").

  • MOU All provisions, not contrary to statute or the terms of this Agreement, of the Memorandum of Understanding between the parties signed June 24, 1999 relating to part-time health benefit coverage shall remain in effect.

  • Xxxxx, Haldimand, Norfolk An employee shall be granted five working days bereavement leave with pay upon the death of the employee’s spouse, child, stepchild, parent, stepparent, legal guardian, grandchild or step-grandchild.

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