CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE Sample Clauses

CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE. 1.1 Items To Be Provided by Qwest. Qwest will be responsible for furnishing ----------------------------- the following items (as required by the conditions of the particular installation or other on-site Service) at no charge to Corvis and these items are not included in Corvis' price for the Services. To the extent Corvis requires any item or assistance from Qwest, including without limitation, data, access, documentation, equipment or input of any kind from Qwest in order for Corvis to perform the Services, Corvis shall notify Qwest if such item or assistance is not forthcoming. Further, Corvis and Qwest acknowledge and agree that if Qwest's ability to provide requested items is delayed, restricted or prohibited by the landlord for the facility involved, Qwest shall remain responsible for the timely provision of such items and such delay, restriction or prohibition shall constitute an Adjustment Event (as defined below). Should Corvis incur expense as a result of Qwest's failure to provide any of these items, where Corvis provided notice of such failure, additional billing will be rendered to and paid by Qwest for Corvis' reasonable and actual fees and expenses.
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CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE. 1.1 Items To Be Provided by Qwest. Qwest will be responsible for furnishing ----------------------------- the following items (as required by the conditions of the particular installation or other on-site Service) at no charge to Corvis and these items are not included in Corvis' price for the Services. To the extent Corvis requires any item or assistance from Qwest, including without limitation, data, access, documentation, equipment or input of any kind from Qwest in order for Corvis to perform the Services, Corvis shall notify Qwest if such item or assistance is not forthcoming. Further, Corvis and Qwest acknowledge and agree that if Qwest's ability to provide requested items is delayed, restricted or prohibited by the landlord for the facility involved, Qwest shall remain responsible for the timely provision of such items and such delay, restriction or prohibition shall constitute an Adjustment Event (as defined below). [*]
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CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE. 1.1 Items To Be Provided by Customer. Customer will be responsible for -------------------------------- furnishing the following items (as required by the conditions of the particular installation or other on-site Service) at no charge to Corvis and these items are not included in Corvis' price for the Services. Should Corvis incur expense as a result of Customer's failure to provide any of these items, additional billing will be rendered to and paid by Customer.
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Related to CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE

  • SELLER’S ENGAGEMENT OF SERVICER TO PERFORM SERVICING RESPONSIBILITIES Section 2.01. Contract for Servicing; Possession of Custodial Files, Maintenance of Retained Mortgage Files and Servicing Files. The Seller, by execution and delivery of this Agreement, does hereby contract with the Servicer as an independent contractor, subject to the terms of this Agreement, for the continued servicing of the Mortgage Loans. On or before the Closing Date, the Servicer shall have in its possession the Servicing Files with respect to the Mortgage Loans listed on the Mortgage Loan Schedule. The Servicer shall maintain a Servicing File with respect to each Mortgage Loan in order to service such Mortgage Loans pursuant to this Agreement and each Servicing File in its possession shall be held in trust by the Servicer for the benefit of the Trustee; provided, however, that the Servicer shall have no liability for any Servicing Files (or portions thereof) not delivered by the Seller. The Servicer’s possession of any portion of the Mortgage Loan documents shall be at the will of the Trustee for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to this Agreement, and such retention and possession by the Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage and the contents of the Servicing File shall be vested in the Trustee and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Servicer shall immediately vest in the Trustee and shall be retained and maintained, in trust, by the Servicer at the will of the Trustee in such custodial capacity only. The portion of each Servicing File retained by the Servicer pursuant to this Agreement shall be appropriately marked to clearly reflect the ownership of the related Mortgage Loan by the Trustee. The Servicer shall release from its custody the contents of any Servicing File retained by it only in accordance with this Agreement. Pursuant to the Mortgage Loan Purchase Agreement, the Seller will have delivered the Custodial Files to the Custodian. In addition, each Retained Mortgage File not delivered to the Custodian pursuant to the Mortgage Loan Purchase Agreement are and shall be held in trust by the Servicer for the benefit of the Trustee as the owner thereof. The possession of each Retained Mortgage File held by the Servicer is in a custodial capacity only. The ownership of each Retained Mortgage File shall be vested in the Trustee. The Servicer shall release its custody of the contents of any Retained Mortgage File only in accordance with written instructions from the Trustee, unless such release is required pursuant to Section 5.02 or if a Document Transfer Event occurs. Upon the occurrence of a Document Transfer Event, the party first discovering such event shall promptly notify the Master Servicer, the Servicer, the Trustee and the Custodian, as applicable, and, with respect to each Mortgage Loan, deliver to the Custodian, within 60 days, the Retained Mortgage Files pursuant to the terms of the Custodial Agreement.

  • Conditions to Obligations of Each Party Under This Agreement The respective obligations of Buyer and Seller to consummate the transactions contemplated hereby shall be subject to the satisfaction at or prior to the Closing of the following conditions, any or all of which may be waived by Buyer and Seller, as the case may be in whole or in part, to the extent permitted by applicable Law:

  • Other Terminations of Service Upon a termination of the Participant’s Service for any reason, other than pursuant to Sections 5(a), 5(b), 5(c), 5(d) and 5(e) above, any unvested portion of the Option shall immediately terminate and be forfeited without consideration, and any vested portion of the Option shall remain exercisable until the earlier of (i) ninety (90) days following such termination of Service and (ii) the expiration of the Option Term.

  • Data Necessary to Perform Services The Trust or its agent shall furnish to USBFS the data necessary to perform the services described herein at such times and in such form as mutually agreed upon.

  • Processor’s Liability for Nonperformance In performing the Services, Processor will exercise ordinary care and act in good faith. Processor shall be deemed to have exercised ordinary care if its action or failure to act is in conformity with general information technology processing standards. Processor’s liability relating to its or its employees’, officers’ or agents’ performance or failure to perform hereunder, or for any other action or inaction of Processor, or its employees, officers or agents, shall be limited exclusively to the lesser of (i) any direct losses which are caused by the failure of Processor, its employees, officers or agents to exercise reasonable care and/or act in good faith, and (ii) the face amount of any item, check, payment or other funds lost or mishandled by the action or inaction of Processor. Under no circumstances will Processor be liable for any general, indirect, special, incidental, punitive or consequential damages or for damages caused, in whole or in part, by the action or inaction of AmeriCredit or the Trustee, whether or not such action or inaction constitutes negligence. Processor will not be liable for any damage, loss, liability or delay caused by accidents, strikes, fire, flood, war, riot, equipment breakdown, electrical or mechanical failure, acts of God or any cause which is reasonably unavoidable or beyond its reasonable control. AmeriCredit agrees that the fees charged by Processor for the performance of this Service shall be deemed to have been established in contemplation of these limitations on Processor’s liability. In addition, AmeriCredit agrees to indemnify and hold Processor harmless from all liability on the part of Processor under this Section 13 except such liability as is attributable to the gross negligence of Processor.

  • Additional Conditions to Obligations of Seller The obligation of Seller to consummate the Transactions shall also be subject to the satisfaction or waiver (where permissible), on or prior to the Closing Date, of each of the following conditions:

  • Performance of Obligations of Seller Seller shall have performed or complied in all material respects with all obligations and covenants required by this Agreement to be performed or complied with by Seller by the time of the Closing.

  • Engagement of Services 1.1. The Company hereby engages the Consultant to provide the Services and assist the Company with its Work as an independent contractor to the Company.

  • Conditions to Obligations of Each Party The respective obligations of each Party to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by both Parties pursuant to Section 10.6:

  • Conditions to Obligations of Seller The obligations of Seller to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or Seller’s waiver, at or prior to the Closing, of each of the following conditions:

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