Covered Affiliates Sample Clauses
Covered Affiliates. 8.1. The parties acknowledge and agree that, by executing the Agreement, the Subscriber enters into the DPA on behalf of itself and, as applicable, in the name and on behalf of its Covered Affiliates, thereby establishing a separate DPA between Algolia and each such Covered Affiliate subject to the provisions of the Agreement, this Section 8 (Covered Affiliates) and Section 10 (Limitation of Liability). Each Covered Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the avoidance of doubt, a Covered Affiliate is not and does not become a party to the Agreement, and is only a party to the DPA. All access to and use of the Services by Covered Affiliates must comply with the terms and conditions of the Agreement and any violation of the terms and conditions of the Agreement by a Covered Affiliate shall be deemed a violation by Subscriber.
8.2. Subscriber that is the contracting party to the Agreement shall remain responsible for coordinating all communication with Algolia under this DPA and be entitled to make and receive any communication in relation to this DPA on behalf of its Covered Affiliates.
8.3. Where a Covered Affiliate becomes a party to the DPA with Algolia, it shall, to the extent required under applicable Data Protection Laws, be entitled to exercise the rights and seek remedies under this DPA, subject to the following:
8.3.1. Except where applicable Data Protection Laws require the Covered Affiliate to exercise a right or seek any remedy under this DPA against Algolia directly by itself, the parties agree that (a) solely Subscriber that is the contracting party to the Agreement shall exercise any such right or seek any such remedy on behalf of the Covered Affiliate, and (b) Subscriber that is the contracting party to the Agreement shall exercise any such rights under this DPA not separately for each Covered Affiliate individually but in a combined manner for all of its Covered Affiliates together (as set forth, for example, in Section 8.3.2 below).
8.3.2. The parties agree that Subscriber that is the contracting party to the Agreement shall, when carrying out an on-site audit of the procedures relevant to the protection of Subscriber Personal Data, take all reasonable measures to limit any impact on Algolia and its Sub- processors by combining, to the extent reasonably possible, several audit requests carried out on behalf of different Covered Affiliates in one single audit.
Covered Affiliates. Service Provider may from time to time provide services to certain of the Company’s Affiliates. As used herein, “Affiliate” means any entity that directly, or indirectly through one or more intermediaries, is owned or controlled by, owns or controls, or is under common ownership or control with, the Company; for this purpose, “control” of an entity means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of the entity, whether through the ownership of voting securities, by contract or otherwise. For purposes of the covenants set forth in Subsections 1.3 through 1.5, each and every reference to “Company” in Section 1 (and any related procedural and/or remedial provisions relating to the enforcement of this Agreement) means Winnebago Industries, Inc. and/or any Affiliate with respect to which, at any time during the one-year period immediately preceding the separation of Service Provider’s relationship with the Company Group, Service Provider has provided any services for, on behalf of, or for the benefit of, such Affiliate, has been responsible for managing, in whole or in part, or has received or has had access to any trade secrets or other Confidential Information concerning such Affiliate’s business (a “Covered Affiliate”). Service Provider acknowledges and agrees that any Covered Affiliate is an intended third-party beneficiary of this Agreement and this Agreement may be enforced by the Company and/or the Covered Affiliate, either singularly or jointly.
Covered Affiliates. The following affiliates of Oldcastle Building Products, Inc. are parties to this Agreement: Oldcastle Precast, Inc., Oldcastle Building Envelope, Inc. and their subsidiaries.