Customer acknowledges and agrees Sample Clauses

Customer acknowledges and agrees a) Kineo shall act as the primary interface between the Customer and Totara Learning Solutions b) that from time to time the Services may be inaccessible, unavailable or inoperable for any reason, including: i. equipment malfunction: ii. periodic maintenance procedures or repairs which Kineo may undertake; iii. causes beyond the control of Kineo, including interruption or failure of telecommunications or digital transmission links, hostile network attacks, the unavailability, operation or inaccessibility of websites or interfaces. network congestion or other failures; or iv. regular scheduled maintenance activities which may cause a service outage or adversely affect the performance (including slow response times} of the Services. Kineo agrees to notify Customer prior to any scheduled maintenance, if such scheduled maintenance is (in Kineo's sole opinion) expected to materially affect the Services. c) that Kineo, to the extent permitted by law, does not guarantee nor warrant to Customer the availability of the Services, including on a continuous or uninterrupted basis. d) that Kineo is not responsible for the functionality of any third-party website, interface or software. e) To the extent permitted by law, a failure by Kineo to deliver or perform the Services because of any technical difficulties does not represent a failure by Kineo to discharge its obligations under this agreement or any Contract. f) Kineo may require information concerning the technical environment and / or technical specification of the networks (including internet connectivity) operated by the Customer to provide the support Service. g) that issue resolution is dependent upon the timely, and reasonable help and assistance from the Customer when required. h) Xxxxx shall respond to each critical issue log by performing root cause analysis in conjunction with the Named Site Administrator (as appropriate) and generating a proposed resolution to the issue and a proposed timescale as set out in the table above. i) If, following investigation, Kineo determines that a Defect is caused or materially contributed to by the Customer, including in the event of a Customer Defect, Kineo reserves the right to invoice the Customer for time spent in relation to the investigation, reporting on, and resolution of such Defect at the Day Rate. Kineo shall provide timesheet setting out the time spent if requested by the Customer to support the invoice. j) Kineo shall manage concurrency as determined by Kin...
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Customer acknowledges and agrees. 6.2.1. That the Service is an information tool only and is not a substitute for competent management and oversight of Customer’s Vehicle Fleet, transportation system, and personnel; 6.2.2. That the Service depends upon data being transmitted over the internet, Customer’s network, GPS satellites, and third-party carrier networks, and that, TransLoc has no control over the functioning of the internet, Customer’s network, GPS satellites, or the network of a carrier; and 6.2.3. That Customer alone is responsible for acquiring and maintaining Customer’s Vehicle Fleet, Customer’s network, Customer’s internet access, and the rest of Customer’s physical and technological infrastructure.
Sample 1
Customer acknowledges and agrees that Lynxspring may at any time be engaged directly or indirectly, including through or in connection with products and services of its other customers, in soliciting actual or prospective customers for Wireless Service or other services, products or Equipment that could be the same as or similar to and compete with a Customer Product or Service; and that Customer has had the opportunity to independently investigate the Wireless Service for use in connection with the Customer Product or Service and the Authorized Use and is not relying on any representation, guarantee, or statement of Lynxspring.
Sample 1
Customer acknowledges and agrees a) Kineo shall act as the primary interface between the Customer and Totara Learning Solutions b) that from time to time the Services may be inaccessible, unavailable or inoperable for any reason, including: i. equipment malfunction: ii. periodic maintenance procedures or repairs which Kineo may undertake; iii. causes beyond the control of Kineo, including interruption or failure of telecommunications or digital transmission links, hostile network attacks, the unavailability, operation or inaccessibility of websites or interfaces. network congestion or other failures; or
Sample 1

Related to Customer acknowledges and agrees

  • Trust Account Waiver Acknowledgment The Company will seek to have all vendors, service providers (other than independent accountants), prospective target businesses or other entities with which it does business enter into agreements waiving any right, title, interest or claim of any kind in or to any monies held in the Trust Account for the benefit of the Public Shareholders. If a prospective target business or vendors, service providers or third party were to refuse to enter into such a waiver, management will perform an analysis of the alternatives available to it and will only enter into an agreement with a third party that has not executed a waiver if management believes that such third party’s engagement would be significantly more beneficial than any alternative.

  • Trust Account Waiver Acknowledgments The Company hereby agrees that it will use its reasonable best efforts prior to commencing its due diligence investigation of any prospective Target Business or obtaining the services of any vendor to have such Target Business and/or vendor acknowledge in writing whether through a letter of intent, memorandum of understanding or other similar document (and subsequently acknowledges the same in any definitive document replacing any of the foregoing), that (a) it has read the Prospectus and understands that the Company has established the Trust Account, initially in an amount of $200,000,000 (without giving effect to any exercise of the Over-allotment Option) for the benefit of the Public Stockholders and that, except for a portion of the interest earned on the amounts held in the Trust Account, the Company may disburse monies from the Trust Account only (i) to the Public Stockholders in the event they elect to redeem shares of Common Stock contained in the Public Securities in connection with the consummation of a Business Combination, (ii) to the Public Stockholders if the Company fails to consummate a Business Combination within the time period set forth in the Charter Documents, or (iii) to the Company after or concurrently with the consummation of a Business Combination and (b) for and in consideration of the Company (i) agreeing to evaluate such Target Business for purposes of consummating a Business Combination with it or (ii) agreeing to engage the services of the vendor, as the case may be, such Target Business or vendor agrees that it does not have any right, title, interest or claim of any kind in or to any monies in the Trust Account (“Claim”) and waives any Claim it may have in the future as a result of, or arising out of, any negotiations, contracts or agreements with the Company and will not seek recourse against the Trust Account for any reason whatsoever. The foregoing letters shall substantially be in the form attached hereto as Exhibits A and B respectively. The Company may forego obtaining such waivers only if the Company shall have received the approval of its Chief Executive Officer and the approving vote of at least a majority of its Board of Directors.

  • Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.