Common use of Delivery of Supplemental Services Clause in Contracts

Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx Customer a reasonable fee for such services. Customer agrees to pay Exodus the fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

Appears in 7 contracts

Samples: Master Services Agreement (Popstar Communications Inc), Master Services Agreement (Victory Entertainment Corp), Master Services Agreement (Greenleaf Technologies Corp)

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Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx Customer bill Xxxtomer a reasonable fee for such services. Customer agrees to pay Exodus the fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

Appears in 4 contracts

Samples: Master Services Agreement (Esat Inc), Master Services Agreement (Netlibrary Inc), Master Services Agreement (Crosswalk Com)

Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's ’s approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, . Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx Customer a reasonable fee for such services. Customer agrees to pay Exodus the fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of EXODUS COMMUNICATIONS, INC. CONFIDENTIAL AND PROPRIETARY Page 1 the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement (Netsuite Inc)

Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-offof" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees Fees for any Supplemental Services requested by Customer and obtain Customer's Customers' approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, . Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx bill Customer a reasonable fee for such services. Customer agrees to pay Exodus the fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice invoices issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Confidential Material omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-as is" basis and exclude warranties of any kind, whether express or implied.

Appears in 1 contract

Samples: Master Services Agreement (Athenahealth Inc)

Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a an "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx Customer a reasonable fee for such services. Customer agrees to pay Exodus the fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

Appears in 1 contract

Samples: Master Services Agreement (C Me Run Corp)

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Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services Service(s) as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, after making reasonable attempts to contact Customer, Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx Customer a reasonable fee for such services. Customer agrees to pay Exodus the reasonable fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. .All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided in a professional and workmanlike manner consistent with industry standards reasonably applicable to the performance thereof. Otherwise, all Supplemental Services are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

Appears in 1 contract

Samples: Master Services Agreement (Homegrocer Com Inc)

Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, Exodus may provide such services without with the consent of Customer, thereafter provide notice of the services to Customer and xxxx bill Customer a reasonable fee (to be mutually agreed upon) for such xxxx services. Customer agrees to pay Exodus the mutually agreed upon fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-is" basis and exclude warranties in accordance with Section 5.3 of any kind, whether express or implied.this Agreement..

Appears in 1 contract

Samples: Master Services Agreement (Boston Communications Group Inc)

Delivery of Supplemental Services. The purpose of this provision is to enable Exodus to provide Customer with certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services services as described in the Specification Sheets and/or Statement of Work. Supplemental Service may include, as an example, a request from Customer to Exodus via telephone that Exodus immediately replace a problem Customer server with an Exodus server for a temporary period of time. Exodus shall notify Customer of the fees for any Supplemental Services requested by Customer and obtain Customer's approval prior to providing such services. In the event Exodus reasonably determines that Supplemental Services are required on an emergency basis, Exodus may provide such services without the consent of Customer, thereafter provide notice of the services to Customer and xxxx Customer bill Xxxtomer a reasonable fee for such services. Customer agrees to pay Exodus the fees charged by Exodus for Supplemental Services. Customer will be charged for Supplemental Services in the invoice issued the month following delivery of the services. Exodus will use commercially reasonable efforts to provide Supplemental Services, provided that Exodus has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

Appears in 1 contract

Samples: Master Services Agreement (Freerealtime Com Inc)

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