Distributor liabilities and Customer Agreements Sample Clauses

Distributor liabilities and Customer Agreements. The Trader must, subject to clause 29.1, include in each of its Customer Agreements clear and unambiguous clauses to the effect that: (a) the Customer must indemnify the Distributor against any direct loss or damage caused or contributed to by the fraud of, dishonesty of, or wilful breach of the Customer Agreement by the Customer or any of its officers, employees, agents, or invitees arising out of, or in connection with, the Distribution Services provided under this Agreement; and (b) to the extent permitted by law, the Distributor will have no liability to the Customer in contract, tort (including negligence), or otherwise in respect of the supply of electricity to the Customer under the Customer Agreement.
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Distributor liabilities and Customer Agreements. The Retailer will procure in its Customer Agreements clear and unambiguous clauses to the effect that: (a) the Customer will indemnify the Distributor against any direct loss or damage caused or contributed to by the fraud of, dishonesty of or wilful breach of the Customer Agreements by, the Customer or any of its officers, employees, agents, or invitees arising out of, or in connection with, the supply of electricity to the Customer; and (b) to the extent permitted by law, the Distributor will have no liability to the Customer in contract, tort (including negligence) or otherwise in respect of the supply of electricity to the Customer.
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Related to Distributor liabilities and Customer Agreements

  • Customer Obligations To facilitate NCR Voyix’s provision of the Hosting Services hereunder and Xxxxxxxx’s access and use of the Hosted NCR Voyix Software hereunder, Customer agrees to undertake the following: (a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer; (b) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP; (c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer; (d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests; (e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and (f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR Voyix immediately in writing if the security or integrity of an identification or password has been compromised.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

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