Certain Third Parties. The Adviser may recommend that the Client consult with its own service providers, such as accountants or estate attorneys, or provide the Client with names of certain service providers. The Client will be solely responsible for the decision associated with any such engagement, including any due diligence of the service providers and any expenses incurred by the use of such service providers. For the avoidance of doubt, any such fees charged by such service providers are not covered by the Allocation Fee or Sub-Advisory Fees.
Certain Third Parties. Except with respect to the rights of certain --------------------- Persons to be indemnified pursuant to Article XI of this Agreement, which Persons are intended as third party beneficiaries of their respective rights be indemnified as set forth therein, able to enforce their respective rights to such indemnification as if they were a party hereto, nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement.
Certain Third Parties. Nothing in this Agreement, express or --------------------- implied, is intended to confer upon any person, other than the parties and their successors and assigns, any rights or remedies under or by reason of this Agreement.
Certain Third Parties. In the event Apple (or any successor entity to the business of QT-TV in which Apple has a continuing equity interest) [**] at any time during the Exclusivity Period for any reason (other than a breach hereunder by Akamai), [**] Akamai FreeFlow Services as follows. For avoidance of doubt, Apple will be deemed to have [**] if it or its successor in interest [**] with Apple but otherwise [**], or if [**] directs all content providers [**] directly to Akamai [**]. During the period following [**] and for the duration of the Exclusivity Period, Apple will be obligated to purchase [**] FreeFlow Services equal to [**] amount Apple actually purchased [**] during the twelve (12) months (or any shorter period preceding [**]) immediately preceding the end of beginning of the month in which [**]; provided however, that Akamai agrees that Apple's [**], as adjusted pursuant to this Section 7.4.1, shall be [**] that Akamai acquires [**] during all or any portion of the immediately preceding twelve (12) months or such shorter period.
Certain Third Parties. Xxxxx and Seller shall have agreed upon the Independent Engineer and the Independent Tax Attorney (if the firm designated in the definition of Independent Tax Attorney is unable or unwilling to act in such capacity).
Certain Third Parties. Based on its inquiry made by --------------------- Borrower to Borrower's material suppliers, vendors, service providers, and customers, Borrower's management believes that before January 1, 2000, all such material suppliers, vendors, service providers and customers will be Year 2000 compliant and any interface or exchange of data or other information between Borrower and each of the material suppliers, vendors, service providers and customers will operate or function in a Year 2000 compliant manner, without any adverse impact on any of the hardware, software, embedded microchip technology, or other processing capabilities used by and material to Borrower's business operations or financial condition. To the extent necessary to ensure the foregoing, Borrower has articulated or will articulate functional interface standards to each of the material suppliers, vendors, service providers, and customers and engage in testing and implementation of those standards. For purposes of this Agreement, "material suppliers, vendors, service providers and customers" refer to those suppliers, vendors, service providers, and customers of Borrower whose business failure would, with reasonable probability, result in a Material Adverse Effect on the Borrower.
Certain Third Parties. Either Party may disclose the results of the Development Program and/or the material terms of this Agreement to non-strategic (financial) investors, lenders, any bona fide potential or actual investor, investment banker, acquirer, merger partner, or other potential or actual financial partner, provided each agrees to be bound by similar terms of confidentiality and non-use at least equivalent in scope to and no less restrictive than those set forth in this Article IX prior to any disclosure (provided that such terms shall not include the provisions of Section 9.4).
