Contractor and Affiliates of Contractor Misuse Allegation Findings Reports Sample Clauses

Contractor and Affiliates of Contractor Misuse Allegation Findings Reports. Immediately upon receipt of a Misuse Allegation Findings Report with respect to an Existing User Service or an Acquired User Service that contains an Affirmative Administrator User Service Finding, the Contractor or the Affiliate of the Contractor may continue to offer the Existing User Service or the Acquired User Service, and the Contractor, in accordance with the NUE Process M&P shall notify the Customer in writing of the continuation of such User Service or the Acquired User Service with respect to the Service Area. Upon receipt of the written Amendment No. 62 (NE) SOW: þ No o Yes notification from Contractor, Customer shall have those rights set forth in Section 4.2(d)(4)(B)(ii) for appealing such continuation. On the 31st Business Day after receipt of a Misuse Allegation Findings Report that contains a Negative Administrator User Service Finding with respect to an Existing Service or an Acquired User Service, the Contractor or the Affiliate of the Contractor shall: if the Negative Administrator User Service Finding concerns the Permitted Use Requirement, then Contractor shall discontinue offering that aspect of the Existing User Service or the Acquired User Service that was subject to the Negative Administrator User Service Finding and the User Agreement associated with that User Service shall be terminated; if the Negative Administrator User Service Finding concerns the Data Provisioning Requirement, then the Contractor shall discontinue offering the Existing User Service or the Acquired User Service that relied on the improperly provisioned data, and the User Agreement associated with that User Service that relied on the improperly provisioned data shall be terminated; if the Negative Administrator User Service Finding concerns the Pricing Requirement, then the Contractor shall discontinue offering the Existing User Service or the Acquired User Service to its customers with whom it has User Services Contracts that failed to meet the Pricing Requirement; if the Negative Administrator User Service Finding concerns the Payment Requirement, then all the Contractor’s , User Agreements shall be terminated, unless, prior to the 31st Business Day after receipt of the Misuse Allegation Findings Report that contains a Negative Administrator User Service Finding, either (a) the NUE determines that all Negative Administrator User Service Findings have been “Cured” as defined below, or (b) Contractor or an Affiliate of the Contractor offering the Existing User ...
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Related to Contractor and Affiliates of Contractor Misuse Allegation Findings Reports

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • Subcontractors and Unaffiliated Third Parties (a) The Escrow Agent may, without further consent of any party hereto, subcontract with (i) any of its affiliates, or (ii) unaffiliated subcontractors for such services as may be required from time to time (e.g., lost stockholder searches, escheatment, telephone and mailing services); provided, however, that the Escrow Agent (i) shall be fully responsible for the acts and omissions of its affiliate as it is for its own acts and omissions and (ii) shall not be liable for the acts and omissions of any subcontractor absent willful misconduct, bad faith or gross negligence of the Escrow Agent in the selection of such subcontractor (each as determined by a final, non-appealable judgment of a court of competent jurisdiction).

  • Subcontractors 1. FAS may without further consent on the part of the Investment Company at FAS’s own expense, subcontract for the performance of Administrative Services with a sub-contractor selected by FAS. FAS shall be as fully responsible to the Investment Company for the acts and omissions of any subcontractor as it is for its own acts and omissions.

  • Sub-contractors Transfer Agent may, without further consent on the part of Customer, subcontract with other subcontractors for telephone and mailing services as may be required from time to time; provided, however, that the Transfer Agent shall be as fully responsible to the Customer for the acts and omissions of any subcontractor as it is for its own acts and omissions.

  • Independent Contractor; Authority Notwithstanding the Services provided by the Administrator pursuant to this Agreement, the Administrator shall be deemed to be an independent contractor with respect to the Services. The management, policies and operations of the Parties (including the ultimate approval of the making or disposition of the Painting by the Issuer or Masterworks Cayman, and the terms and conditions thereof) shall be the responsibility of the Parties other than the Administrator.

  • Affiliates and Third Parties If the Asset Representations Reviewer processes the PII of the Issuer’s Affiliates or a third party when performing a Review, and if such Affiliate or third party is identified to the Asset Representations Reviewer, such Affiliate or third party is an intended third-party beneficiary of this Section 4.10, and this Agreement is intended to benefit the Affiliate or third party. The Affiliate or third party may enforce the PII related terms of this Section 4.10 against the Asset Representations Reviewer as if each were a signatory to this Agreement.

  • Third Party Data Any statistical, industry-related and market-related data, which are included in the Disclosure Package and the Prospectus, is based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agrees with the sources from which it is derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Contractors and subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

  • Use by Agents, Employees, Subcontractors The parties shall take reasonable measures to prevent its Agents, employees and subcontractors from using or disclosing any Confidential Information, except as may be necessary for each party to perform its obligations pursuant to this Agreement. Such measures shall include, but not be limited to, (i) education of such Agents, employees and subcontractors as to the confidential nature of the Confidential Information; and (ii) securing a written acknowledgment and agreement from such Agents, employees and subcontractors that the Confidential Information shall be handled only in accordance with provisions no less restrictive than those contained in this Agreement. This provision shall survive termination of this Agreement.

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