Customer Cause Sample Clauses

Customer Cause any of the following causes:

Customer Cause. 10.1 Pure IP shall not be in breach of any aspect of the Contract to the extent its failure to perform an obligation under the Contract is the result of an act or omission of the Customer, the Customer Affiliates or their Personnel (“Customer Cause”). 10.2 In the event of a Customer Cause, the Customer shall be liable to pay to Pure IP on demand all reasonable costs, charges or losses sustained or incurred by Pure IP (including, without limitation, any direct or indirect consequential losses, loss of profit and loss of reputation, loss or damage to property, injury to or death of any person and loss of opportunity to deploy resources elsewhere), subject to Pure IP confirming such costs, charges and losses to the Customer in writing.

Customer Cause. Corero will not be in breach of any of its obligations under this Agreement and will not be liable to Customer (and Customer shall not be entitled to terminate for breach) to the extent that Corero’s or an Authorized Partner’s performance of the Services (or any of its other obligations) is delayed, prevented, impacted or otherwise affected by a Customer Cause. For the purposes of this Exhibit, “Customer Cause” means anything which results directly or indirectly from the Customer’s: (a) breach of this Agreement; (b) misuse or improper use of the Products (including any acts or omissions of the Customer or its users which are prohibited or not expressly permitted in the Documentation); (c) delay or failure in performing its own obligations, or in providing notices, arrangements, engagement, access, assistance or information to Corero; (d) combination, merger, or use of the Products with any hardware or software not provided or recommended by Corero; and/or (e) Customer’s Security Requirements. Customer shall provide Corero at least thirty (30) days advance written notice of its intention to move the hardware on which the Software is running which notice must specify the new location. In the event of an emergency move, Customer must notify Corero in writing within ten (10) days of such emergency move.

Customer Cause. Corero will not be in breach of any of its obligations under this Agreement, and will not be liable to Customer (and Customer shall not be entitled to terminate for delayed, failed or inadequate performance) to the extent that Xxxxxx’s or an Authorized Partner’s performance of the Services (or any of its other obligations) is delayed, prevented, impacted or otherwise affected by a Customer Cause. For the purposes of this Exhibit, “Customer Cause” means anything which results directly or indirectly from Customer’s: (a) breach of this Agreement; (b) misuse or improper use of the Products (including any acts or omissions of Customer or its users which are prohibited or not expressly permitted in the Documentation); (c) delay or failure in performing its own obligations, or in providing notices, arrangements, engagement, access, assistance or information to Corero; (d) combination, merger, or use of the Products with any hardware or software not provided or recommended by Corero; and/or (e) Change Management Process, or failure or delay in making a Customer contact available to Corero.

Customer Cause. Corero will not be in breach of any of its obligations under this Agreement, and will not be liable to Customer (and Customer shall not be entitled to terminate for delayed, failed or inadequate performance) to the extent that Xxxxxx’s or an Authorized Partner’s performance of the Services (or any of its other obligations) is delayed, prevented, impacted or otherwise affected by a Customer Cause. For the purposes of this Exhibit, “Customer Cause” means anything which results directly or indirectly from Customer’s: (a) breach of this Agreement; (b) misuse or improper use of the Products (including any acts or omissions of Customer or its users which are prohibited or not expressly permitted in the Documentation); (c) delay or failure in performing its own obligations, or in providing notices, arrangements, engagement, access, assistance or information to Corero; (d) combination, merger, or use of the Products with any hardware or software not provided or recommended by Corero; and/or (e) Change Management Process, or failure or delay in making a Customer contact available to Corero. Exhibit C‌ SecureWatch is a suite of subscription-based security services to provide additional support to maximize the effectiveness of Corero security solutions in protecting customer infrastructure and data. Within the context and scope of the SecureWatch service delivery, Corero requires access to the installed SmartWall Solution for the purposes of fault, configuration, performance and security management. In addition, the Service requires the capture and analysis of device management and security events generated by the Corero products for the purposes of optimizing customer security protections, maintaining system performance and incident handling. Xxxxxx assigns critical importance to the control, security and confidentiality of Customer’s information and places major significance on providing clear definitions of the scope of the information collected and the nature of any analysis undertaken. The Corero Network Security data usage policy is described below: The Corero SecureWatch Service leverages industry-standard, enterprise-grade monitoring tools that have been customized to gather detailed operational information from the SmartWall Solution providing automated administration and response where required. The service is restricted to monitoring Corero products only including software and where applicable hardware components (collectively the “SmartWall Solution”). Fo...

Customer Cause. GBG shall have no obligation to provide the Standard Support Services where the cause(s) of any fault in the Service have been identified by GBG as having arisen from any misuse or incorrect use of the Service by the Customer; or any breach of Customer’s obligations under the Agreement.

Customer Cause. If a Customer Cause has a material and/or adverse affect on the JVCo’s ability to comply with its obligations under this Agreement, then to the extent that the JVCo’s failure to comply with its obligations arises as a result of such Customer Cause: such failure by the JVCo to perform, and any poor performance, shall not constitute a breach by the JVCo of the provisions of this Agreement; such failure shall be disregarded when measuring the performance of any affected part of the Services in accordance with the Performance Management and Monitoring Framework which shall be operated as though the relevant part of the Services has been performed free of such failure; any such failure shall be deemed not to have occurred so that the JVCo shall be entitled to payment under the Agreement as if there has been no such failure; and the occurrence of the Customer Cause must be notified to the Customer by the JVCo as soon as reasonably practicable and in any case within ten (10) Working Days of the date on which the JVCo became aware (or ought to reasonably to have become aware) of the occurrence of the Customer Cause. The JVCo shall use reasonable endeavours to mitigate the impact of the Customer Cause and continue to provide that part of the Services and observe those obligations unaffected by the Customer Cause. The Customer shall reimburse the JVCo for any additional costs incurred by the JVCo being the reasonable additional costs above the costs the JVCo would have incurred had it not been for the Customer Cause.

Customer Cause. In the event that Tribal can demonstrate that its non- conformance with an obligation was caused or attributed to the acts and/or omissions of the Customer (Customer Cause), Tribal: (a) shall not be in breach of this Agreement; (b) may delay, postpone or revise any deadline, milestone, timeline, plan or obligation taking into account the consequences caused by the Customer Cause; (c) may amend any Implementation Services to reflect any consequences caused by the Customer Cause; (d) shall be entitled to claim payment of Fees it has incurred as a result of the Customer Cause; and (e) shall be entitled to invoice for Fees for Services delivered, notwithstanding that a milestone has not yet been achieved and/or a Fee is not yet due for payment in accordance with a Payment Term; provided that Xxxxxx uses reasonable endeavours to mitigate the impact resulting from the Customer Cause.