Enforcement of Web Provisions Sample Clauses

Enforcement of Web Provisions. 3.7.1. The procedures set forth in Sections 3.7.2 – 3.7.5 must be exhausted in the event that (i) ACB alleges that ACS has failed to meet its obligations pursuant to Section 3 of this agreement, or (ii) ACS alleges that there is a Success Criteria of WCAG 2.0 Conformance Level AA that it cannot substantially comply with. There will no breach of the Agreement in connection with such allegations until these procedures have been exhausted. 3.7.2. Claimant will notify ACS in writing if it believes there is a page or a posted document on the ACS Website that does not meet the standards set forth in Section 3 of this Agreement. ACS will notify Claimant in writing if it believes there is a Success Criteria in the Guidelines with which (i) it cannot substantially comply despite best efforts; or (ii) for which substantial compliance would be an Undue Burden or a Substantial Alteration of the Website or the information provided in the document posted on the Website. 3.7.3. Within thirty (30) days of either Party receiving written notice as described in Section 3.7.2, the other Party will respond in writing to the Notice. Within ten (10) days of receipt of the response, the Parties will meet by telephone in an attempt to informally resolve the issue. 3.7.4. If the issue remains unresolved within 30 days of the telephone meeting, ACS will hire the mutually agreed upon accessibility consultant referred to in Section 3.3 to provide an opinion on the issue within 30 days. There will be no breach of this Agreement unless the consultant determines that:
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Enforcement of Web Provisions. 3.9.1. The procedures set forth in Sections 3.9.2 – 3.9.5 must be exhausted prior to utilization of the Dispute Resolution Procedure set forth in Section 11, in the event that (i) Claimants allege that Weight Watchers has failed to meet its obligations pursuant to Section 3 of this Agreement, or (ii) Weight Watchers alleges that there is a Success Criteria of WCAG 2.0 Conformance Level AA with which it cannot substantially comply despite Reasonable Efforts. There will be no breach of the Agreement in connection with such allegations until these procedures have been exhausted. 3.9.2. Claimants will notify Weight Watchers in writing if they believe there is a page or a posted document on the Weight Watchers Websites that does not meet the Access Standard set forth in Section 3 of this Agreement. Weight Watchers will notify Claimants in writing if it believes there is a Success Criteria with which it cannot substantially comply despite Reasonable Efforts. 3.9.3. Within thirty (30) days of either Party receiving written notice as described in Section 3.9.2, the other Party will respond in writing to the Notice. Within ten (10) days of receipt of the response, the Parties will meet by telephone in an attempt to informally resolve the issue. At Claimants request, the Accessibility Consultant will provide further explanation of the issue and information as to what would be required for the page or document at issue to satisfy WCAG 2.0 Level AA Success Criteria. 3.9.4. If the issue remains unresolved within 30 days of the telephone meeting, Weight Watchers will hire a mutually agreed upon third party with web accessibility expertise (someone other than the Accessibility Consultant) to provide an opinion on the issue within 30 days. There will be no breach of this Agreement unless the consultant determines that: 3.9.4.1. In regards to notice from Claimants, the challenged web page or posted document, or portion thereof, (a) does not substantially comply with the standards set forth in this Agreement, subject to all limitations in this Agreement; and (b) Weight Watchers fails to remedy the issue as soon as practicable, but in any event within six months of receiving the accessibility consultant’s opinion. 3.9.4.2. In regards to a Weight Watchers notice, Weight Watchers can substantially comply with a Success Criteria by using Reasonable Efforts, and Weight Watchers fails to remedy the issue as soon as practicable, but in any event within six months of receiving the ...
Sample 1
Enforcement of Web Provisions. 3.4.1. The procedures set forth below must be exhausted in the event that Claimants allege that WellPoint has failed to meet its obligations pursuant to Section 3 of this Agreement. Claimants shall not allege a breach of this Agreement in connection with such allegations until these procedures have been exhausted. 3.4.2. Claimants will notify WellPoint if they believe the WellPoint Websites do not meet the standards set forth in Section 3 of this Agreement. As soon as reasonably possible, but in no more than forty-five (45) days from receipt of Claimants’ notice, WellPoint will provide Claimants with: (1) notice evidencing current compliance with the applicable Success Criteria, (2) notice as to how and when WellPoint will meet the applicable Success Criteria, or (3) notice that WellPoint believes there is a Success Criteria with which it cannot substantially comply despite best efforts. 3.4.3. Within ten (10) days of Claimants’ receipt of WellPoint’s response, the Parties will meet by telephone in an attempt to informally resolve the issue. At Claimants’ request, the Accessibility Consultant(s) referenced in Section 5.1 of this Agreement will provide further explanation of the issue and information as to what would be required for the page or document at issue to satisfy WCAG 2.0 Level AA Success Criteria. 3.4.4. If the issue remains unresolved within 45 days of the telephone meeting, WellPoint will hire a mutually agreed-upon third party with web accessibility expertise (someone other than the Accessibility Consultant(s) defined in Section 5 of this Agreement) to provide an opinion on the issue within 30 days. Claimants shall allege no breach of this Agreement unless the third party expert determines that the challenged web page or posted document, or portion thereof: (a) does not substantially comply with the standards set forth in this Agreement; and
Sample 1

Related to Enforcement of Web Provisions

  • Enforcement Provisions While Contractors and their Representatives are expected to self-monitor their compliance with this Contractor Code of Conduct, the provisions of this Code are enforceable by LAUSD. Enforcement measures can be taken by LAUSD’s Procurement Services Group or Facilities Contracts Branch in consultation with the Contract Sponsor, the Ethics Office, the Office of the General Counsel, and the Office of the Inspector General. The Office of the Inspector General may also refer matters to the appropriate authorities for further action.

  • Enforcement of Agreement The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement of Covenants The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 8, 9, 10 and 11 hereof. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information, trade secrets, and other legitimate interests of the Company and its Company Affiliates; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. The Executive further agrees that the Executive will never assert, or permit to be asserted on the Executive’s behalf, in any forum, any position contrary to the foregoing. The Executive further acknowledges that, were the Executive to breach any of the covenants contained in Sections 8, 9, 10 or 11 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that in the event of the breach or a threatened breach by Executive of any of the provisions of Sections 8, 9, 10 or 11 hereof, the Company, in addition and supplementary to other rights and remedies existing in its favor (including pursuant to Section 3(c) hereof), may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without posting a bond or other security), and will additionally be entitled to an award of attorney’s fees incurred in connection with securing any relief hereunder. The parties further agree that if, at the time of enforcement of Sections 8, 9, 10 or 11, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall revise the restrictions contained herein to cover the maximum period, scope and area permitted by law. The Executive agrees that the Restricted Period shall be tolled, and shall not run, during any period of time in which the Executive is in violation of the terms thereof, in order that the Company and its Company Affiliates shall have all of the agreed-upon temporal protection recited herein. No breach of any provision of this Agreement by the Company, or any other claimed breach of contract or violation of law, or change in the nature or scope of the Executive’s employment relationship with the Company, shall operate to extinguish the Executive’s obligation to comply with Sections 8, 9, 10 and 11 hereof.

  • Enforcement of Proprietary Rights I will assist the Company in every proper way to obtain, and from time to time enforce, United States and foreign Proprietary Rights relating to Company Inventions in any and all countries. To that end I will execute, verify and deliver such documents and perform such other acts (including appearances as a witness) as the Company may reasonably request for use in applying for, obtaining, perfecting, evidencing, sustaining and enforcing such Proprietary Rights and the assignment thereof. In addition, I will execute, verify and deliver assignments of such Proprietary Rights to the Company or its designee. My obligation to assist the Company with respect to Proprietary Rights relating to such Company Inventions in any and all countries shall continue beyond the termination of my employment, but the Company shall compensate me at a reasonable rate after my termination for the time actually spent by me at the Company’s request on such assistance. In the event the Company is unable for any reason, after reasonable effort, to secure my signature on any document needed in connection with the actions specified in the preceding paragraph, I hereby irrevocably designate and appoint the Company and its duly authorized officers and agents as my agent and attorney in fact, which appointment is coupled with an interest, to act for and in my behalf to execute, verify and file any such documents and to do all other lawfully permitted acts to further the purposes of the preceding paragraph with the same legal force and effect as if executed by me. I hereby waive and quitclaim to the Company any and all claims, of any nature whatsoever, which I now or may hereafter have for infringement of any Proprietary Rights assigned hereunder to the Company.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

  • Enforcement of Restrictive Covenants For the avoidance of doubt, nothing in this Section 7(i) limits the remedies available to Employer under Section 14 hereof.

  • GOVERNING LAW & ENFORCEMENT The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, the Settling Entity stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. As an expressed condition of this Settlement Agreement, the Settling Entity waives any exemptions under California Health & Safety Code §25249.6

  • Severability; Enforcement If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.

  • ENFORCEMENT AND GOVERNING LAW The provisions of this Agreement shall be regarded as divisible and separate; if any of said provisions should be declared invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement shall be construed and the legal relations of the parties hereto shall be determined in accordance with the laws of the State of Illinois without reference to the law regarding conflicts of law.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!