Common use of CONSULTANT’S OBLIGATIONS Clause in Contracts

CONSULTANT’S OBLIGATIONS. 4.1 Each Consultant shall comply with the Rules and this Agreement at all times. 4.2 Each Consultant acknowledges and agrees that Smart MLS exclusively possesses, as Smart MLS’ Proprietary Property, the compilation of Participant Data and owns exclusively any and all copyrights and all other rights with respect thereto and that such Proprietary Property shall be governed by Section 6.0. 4.3 If Smart MLS contacts any Consultant to cure any breach by Firm or such Consultant that is within such Consultant's control, such Consultant hereby agrees to act immediately and cure such breach. Consultant acknowledges that, in the event Firm and/or Firm’s Consultant fail to cure such breach within 48 hours of being notified of the breach, Smart MLS may immediately terminate access to the RETS Data, without further notice to Firm’s Consultant. This provision shall not limit or otherwise restrict Smart MLS’ ability to terminate access to the RETS Data as provided elsewhere in this Agreement. 4.4 Each Consultant shall provide Smart MLS with five (5) business days advance notice of any change to the information relating to it on the Consultant Information and Signature page below. 4.5 Consultant shall take reasonable steps to ensure that the provisions of this Agreement and the Rules are not violated by any person under its control or in its service. 4.6 Consultant shall not provide access to and/or share the RETS Data and/or the Proprietary Property with any person who or entity which is not a Participant or Consultant, including without limitation Consultant’s parent, subsidiary and/or affiliated entities. 4.7 Consultant shall take reasonable steps to ensure that it has technical capability to carry out its activities without jeopardizing the RETS Data, the server on which the RETS Data is stored, the operating system or other data or systems of Smart MLS. Consultant further warrants that it will not retrieve or download data with a frequency, or at a rate, that will cause disruption to Smart MLS’ databases, operating system or other systems. Data requests deemed excessive in the sole discretion of Smart MLS may be limited in volume or frequency, may result in fines for data overage fees, and may be terminated. 4.8 Consultant’s use of the RETS Data shall conform to the advertising specifications as provided in the Rules.

CONSULTANT’S OBLIGATIONS. 4.1 Each Consultant shall comply with the Rules and this Agreement at all times. 4.2 Each Consultant acknowledges and agrees that Smart MLS GMLS exclusively possesses, as Smart MLS’ GMLS's Proprietary Property, the compilation of Participant Data and owns exclusively any and all copyrights and all other rights with respect thereto and that such Proprietary Property shall be governed by Section 6.0. 4.3 If Smart MLS GMLS contacts any Consultant to cure any breach by Firm or such Consultant that is within such Consultant's control, such Consultant hereby xxxxxx agrees to act immediately and cure such breach. Consultant acknowledges that, in the event Firm and/or Firm’s Consultant fail to cure such breach within 48 hours of being notified of the breach, Smart MLS GMLS may immediately terminate access to the RETS Data, without further notice to Firm’s 's Consultant. This provision shall not limit or otherwise restrict Smart MLS’ GMLS’s ability to terminate access to the RETS Data as provided elsewhere in this Agreement. 4.4 Each Consultant shall provide Smart MLS GMLS with five (5) business days advance notice of any change to the information relating to it on the Consultant Information and Signature page below. 4.5 Consultant shall take reasonable all necessary steps to ensure that the provisions of this Agreement and the Rules are not violated by any person under its control or in its service. 4.6 Consultant shall not distribute, disclose, disseminate, copy or provide access to and/or share the RETS Data and/or the Proprietary Property with any person who who, or entity which which, is not a Participant or Consultant, including without limitation Consultant’s 's parent, subsidiary and/or affiliated entities. 4.7 Consultant shall take reasonable all necessary steps to ensure that it has technical capability to carry out its activities without jeopardizing the RETS Data, the server on which the RETS Data is stored, the operating system or other data or systems of Smart MLSGMLS. Consultant further warrants that it will not retrieve or download data with a frequency, or at a rate, that will cause disruption damage to Smart MLS’ GMLS databases, operating system or other systems. Data requests deemed excessive in the sole discretion of Smart MLS may be limited in volume or frequency, may result in fines for data overage fees, and may be terminated. 4.8 Consultant’s 's use of the RETS Data shall conform to the advertising specifications as provided in the Rules.

CONSULTANT’S OBLIGATIONS. 4.1 Each Consultant shall comply with the Rules and this Agreement at all times. 4.2 Each Consultant acknowledges and agrees that Smart MLS CTMLS exclusively possesses, as Smart MLS’ CTMLS’s Proprietary Property, the compilation of Participant Data and owns exclusively any and all copyrights and all other rights with respect thereto and that such Proprietary Property shall be governed by Section 6.0. 4.3 If Smart MLS CTMLS contacts any Consultant to cure any breach by Firm or such Consultant that is within such Consultant's control, such Consultant hereby agrees to act immediately and cure such breach. Consultant acknowledges that, in the event Firm and/or Firm’s Consultant fail to cure such breach within 48 hours of being notified of the breach, Smart MLS CTMLS may immediately terminate access to the RETS Data, without further notice to Firm’s Consultant. This provision shall not limit or otherwise restrict Smart MLS’ CTMLS’s ability to terminate access to the RETS Data as provided elsewhere in this Agreement. 4.4 Each Consultant shall provide Smart MLS CTMLS with five (5) business days advance notice of any change to the information relating to it on the Consultant Information and Signature page below. 4.5 Consultant shall take reasonable steps to ensure that the provisions of this Agreement and the Rules are not violated by any person under its control or in its service. 4.6 Consultant shall not provide access to and/or share the RETS Data and/or the Proprietary Property with any person who or entity which is not a Participant or Consultant, including without limitation Consultant’s parent, subsidiary and/or affiliated entities. 4.7 Consultant shall take reasonable steps to ensure that it has technical capability to carry out its activities without jeopardizing the RETS Data, the server on which the RETS Data is stored, the operating system or other data or systems of Smart MLSCTMLS. Consultant further warrants that it will not retrieve or download data with a frequency, or at a rate, that will cause disruption damage to Smart MLSCTMLS’ databases, operating system or other systems. Data requests deemed excessive in the sole discretion of Smart MLS may be limited in volume or frequency, may result in fines for data overage fees, and may be terminated. 4.8 Consultant’s use of the RETS Data shall conform to the advertising specifications as provided in the Rules.