ENHANCEMENTS AND MAINTENANCE Sample Clauses

ENHANCEMENTS AND MAINTENANCE. DMX shall provide Enhancements and Maintenance to Xtra at the same time as DMX provides Enhancements and Maintenance to DMX's Customers.
Sample 1Sample 2
AutoNDA by SimpleDocs
ENHANCEMENTS AND MAINTENANCE. Supplier shall promptly furnish to Company during the duration of the Order, at an agreed upon charge, as provided in the Maintenance Agreement, Appendix C hereto, Software Enhancements and Maintenance Services. All Enhancements shall be considered Software subject to the provisions of the Order. Company may incorporate the Enhancements into the Software or continue using previous versions of the Software, at Company’s option. Company may, at any time and at its discretion, discontinue maintenance of the Software. Company is responsible for installation of the Software and for training Company Customer Users unless otherwise specified in Appendix B. ELECTRONIC DISTRIBUTION Company may request in any Order Electronic Distribution of the Software. Electronic Distribution of all software shall be transmitted to Company via an electronic medium (Internet, telephone transmission, etc.). The Company acknowledges that it is responsible for the verification of all software programs received via an electronic medium. Company is responsible for all sales/use tax obligations. Company shall be authorized to deliver the software to other location either by CD, tape, or electronically.
Sample 1
ENHANCEMENTS AND MAINTENANCE. Supplier shall promptly furnish to Company all Basic Warranty Services which shall include but are not limited to [CONFIDENTIAL TREATMENT REQUESTED] /*/. Basic Warranty Services will be provided to Company [CONFIDENTIAL TREATMENT REQUESTED] /*/ the Warranty period, and AviciPlus capabilities shall be provided at the price listed in Exhibit F. Beyond the warranty period, AviciPlus services will be provided at the pricing in Exhibit F, if AviciPlus is not ordered, [CONFIDENTIAL TREATMENT REQUESTED] /*/ will be provided at a mutually agreed upon charge. Supplier shall also promptly provide to Company any revisions to the basic Software items as defined in Article 9.10, SOFTWARE AND PROGRAMMING AIDS to reflect the Enhancements. Enhancements will be available under the warranty provisions of this Article 9 and under Exhibit B. Software images and management information bases (MIBs) will be downloaded from the Supplier web site, or upon request by Company, physical media will be shipped with relevant images, MIB, release notes and full user Documentation. All Enhancements shall be considered Software subject to the provisions of the Agreement. Company may incorporate the Enhancements into the Software or continue using previous releases of the Software, at Company’s option. Supplier will support the current release and two previous releases of the Software. [CONFIDENTIAL TREATMENT REQUESTED] /*/. New Software Features that allow for a new service offering such as MPLS VPNs, QoS and/or Multicast, will be provided, in accordance with Section 1.1 of this Agreement, and may be subject to an initial license fee, at any time during or after the Warranty period, and/or during the duration of the AviciPlus Program. Company may, at any time and at its discretion, discontinue maintenance of the Software
Sample 1
ENHANCEMENTS AND MAINTENANCE. (i) Envestnet shall provide to Fidelity in both Source Code and Object Code form, all Software Updates and all Documentation Updates developed or acquired by Envestnet during the period Fidelity purchases Technology Services (as defined in Exhibit A) for the corresponding fees described in Exhibit F. At such time as Fidelity elects to provide Hosting Services (as defined in Exhibit A), Envestnet’s obligation with respect to Technology Services shall be limited to the delivery of the Software Updates and corresponding Documentation Updates to Fidelity, and Fidelity shall be responsible for integrating such Software Updates with Fidelity’s version of the Software. Envestnet shall deliver the Software Updates and Documentation Updates available to Fidelity in accordance with the release process described in Exhibit A and at the same time as such Software Updates or Documentation Updates are implemented by Envestnet on or for its own proprietary software platform or otherwise made available to any other customer of Envestnet provided, however, at such time as Fidelity is providing Hosting Services with respect to the Software, Fidelity shall be solely responsible for the timing of making such Software Updates available to its Clients.
Sample 1
ENHANCEMENTS AND MAINTENANCE. DMX shall provide Enhancements and Maintenance to DMX-UK at the same time as DMX provides Enhancements and Maintenance to DMX's Customers.
Sample 1
ENHANCEMENTS AND MAINTENANCE. Supplier shall promptly furnish to Company during the duration of the Order, Supplemental Agreement or TCL at an agreed upon charge, if any, all Software Enhancements, made available by Supplier to any of its customers and shall promptly provide to Company any revisions to the basic Software items defined in the Software and Programming Aids clause to reflect the Enhancements. All Enhancements shall be considered Software subject to the provisions of this Agreement, any Order, Supplemental Agreement or TCL. Company may incorporate the Enhancements into the Software or continue using previous versions of the Software, at Company's option. Company may, at any time and at its discretion, discontinue maintenance of the Software. Supplier shall not charge Company for Enhancements or any other maintenance during the warranty period
Sample 1

Related to ENHANCEMENTS AND MAINTENANCE

  • Support and Maintenance RSA agrees to provide the maintenance and support specified in this Support Agreement and You agree to pay RSA's then-current annual support fee ("Support Fee").

  • Operation and Maintenance Throughout the period prior to any Termination of NAI’s Work, NAI must operate and maintain the Property in a good and workmanlike manner and in compliance with Applicable Laws in all material respects and pay or cause to be paid all fees or charges of any kind in connection therewith. (If NAI does not promptly correct any failure of the Property to comply with Applicable Laws that is the subject of a written complaint or demand for corrective action given by any Governmental Authority to NAI, or to BNPPLC and forwarded by it to NAI, then for purposes of the preceding sentence, NAI will be considered not to have maintained the Property “in compliance with all Applicable Laws in all material respects” whether or not the noncompliance would be material in the absence of the complaint or demand.) NAI must not use or occupy, or allow the use or occupancy of, the Property in any manner which violates any Applicable Law or which constitutes a public or private nuisance or which makes void, voidable or cancelable any insurance then in force with respect thereto. Without limiting the generality of the foregoing, NAI must not conduct or permit others to conduct Hazardous Substance Activities on the Property, except Permitted Hazardous Substance Use and Remedial Work; and NAI must not discharge or permit the discharge of anything (including Permitted Hazardous Substances) on or from the Property that would require any permit under applicable Environmental Laws, other than (1) storm water runoff, (2) fume hood emissions, (3) waste water discharges through a publicly owned treatment works, (4) discharges that are a necessary part of any Remedial Work, and (5) other similar discharges consistent with the definition of Permitted Hazardous Substance Use which do not significantly increase the risk of Environmental Losses to BNPPLC, in each case in strict compliance with Environmental Laws. To the extent that any of the following would, individually or in the aggregate, increase the likelihood of a 97-10/Meltdown Event or materially and adversely affect the value of the Property or the use of the Property for purposes permitted by this Agreement, NAI must not, without BNPPLC’s prior consent: (i) initiate or permit any zoning reclassification of the Property; (ii) seek any variance under existing zoning ordinances applicable to the Property; (iii) use or permit the use of the Property in a manner that would result in such use becoming a nonconforming use under applicable zoning ordinances or similar laws, rules or regulations; (iv) execute or file any subdivision plat affecting the Property; or (v) consent to the annexation of the Property to any municipality. NAI will not cause or permit any drilling or exploration for, or extraction, removal or production of, minerals from the surface or subsurface of the Property, and NAI must not do anything that could reasonably be expected to significantly reduce the market value of the Property. If NAI receives a notice or claim from any federal, state or other governmental authority that the Property is not in compliance with any Applicable Law, or that any action may be taken against BNPPLC because the Property does not comply with any Applicable Law, NAI must promptly furnish a copy of such notice or claim to BNPPLC.

  • Repairs and Maintenance Grantor agrees to keep and maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect. Grantor further agrees to pay when due all claims for work done on, or services rendered or material furnished in connection with the Collateral so that no lien or encumbrance may ever attach to or be filed against the Collateral.

  • USE AND MAINTENANCE Except as may be otherwise specified on any Schedule, (a) Lessee shall (1) use the Equipment solely in the continental United States and in the conduct of its business, for the purpose for which the Equipment was designed, in a careful and proper manner, and shall not permanently discontinue use of the Equipment; (2) operate, maintain, service and repair the Equipment, and maintain all records and other materials relating thereto, (A) in accordance and consistent with (i) all maintenance and operating manuals or service agreements, whenever furnished or entered into, including any subsequent amendments or replacements thereof, issued by the supplier or service provider, (ii) the requirements of all applicable insurance policies, (iii) manufacturer’s recommendations, (iv) the original purchase agreement under which such Equipment was acquired, so as to preserve all of Lessee’s and Lessor’s rights thereunder, including all rights to any warranties, indemnities or other rights or remedies, as and if applicable, (v) all applicable laws, and (vi) the prudent practice of other similar companies in the same business as Lessee, but in any event, to no lesser standard than that employed by Lessee for comparable equipment owned or leased by it; and (B) without limiting the foregoing, so as to cause the Equipment to be in good repair and operating condition and in at least the same condition as when delivered to Lessee hereunder, except for ordinary wear and tear resulting despite Lessee's full compliance with the terms hereof; (3) provide written notice to Lessor not less than thirty (30) days after any change of the location of any Equipment (or the location of the principal garage of any Equipment, to the extent that such Equipment is mobile equipment) as specified in the Schedule; and (4) not attach or incorporate the Equipment into any property except for other Equipment in such a manner that the Equipment may be deemed to have become an accession to or a part of such other property. (b) Within a reasonable time, Lessee will replace any parts of the Equipment which become worn out, lost, destroyed, damaged beyond repair or otherwise unfit for use, by new or reconditioned replacement parts which are free and clear of all Liens and have a value, utility and remaining useful life at least equal to the parts replaced (assuming that they were in the condition required by this Lease). Any modification or addition to the Equipment that is required by this Lease shall be made by Lessee. An interest in all such parts, modifications and additions to the Equipment immediately shall vest in Lessor, without any further action by Lessor or any other person, and they shall be deemed incorporated in the Equipment for all purposes of the related Schedule. Unless replaced in accordance with this Section, Lessee shall not remove any parts originally or from time to time attached to the Equipment, if such parts are essential to the operation of the Equipment, are required by any other provision of this Lease or cannot be detached from the Equipment without interfering with the operation of the Equipment or adversely affecting the value, utility and remaining useful life which the Equipment would have had without the addition of such parts. Except as permitted in this Section, Lessee shall not make any material alterations to the Equipment. (c) Lessee shall afford Lessor and/or its designated representatives immediate access to the premises where the Equipment is located for the purpose of inspecting and appraising such Equipment and all applicable maintenance or other records relating thereto at any time during normal business hours, at Lessee’s sole cost and expense. If any discrepancies are found as they pertain to the general condition of the Equipment, Lessor will communicate these discrepancies to Lessee in writing. Lessee shall then have thirty (30) days to rectify these discrepancies at its sole expense. Lessee shall pay all expenses of a re-inspection by Lessor’s appointed representative, including travel costs.

  • Repair and Maintenance Except in the case of damage to or destruction of the Leased Premises, the Building, the Outside Areas or the Property caused by an act of God or other peril, in which case the provisions of Article 10 shall control, the parties shall have the following obligations and responsibilities with respect to the repair and maintenance of the Leased Premises, the Building, the Outside Areas, and the Property.

  • Property Maintenance Maintain all of its property that is necessary to or useful in the proper conduct of its business in good working condition, ordinary wear and tear excepted.

  • Prosecution and Maintenance Each party retains the sole right to protect at its sole discretion the Intellectual Property and Technology owned by such party, including, without limitation, deciding whether to file and prosecute applications to register patents, copyrights and mask work rights included in such Intellectual Property, whether to abandon prosecution of such applications, and whether to discontinue payment of any maintenance or renewal fees with respect to any patents included in such Intellectual Property.

  • OPERATION AND MAINTENANCE OF COMMON AREAS During the Term, Landlord shall operate all Common Areas within the Building and the Project. The term “Common Areas” shall mean all areas within the Building, Project and other buildings in the Project which are not held for exclusive use by persons entitled to occupy space.

  • Operation and Maintenance of Properties The Borrower, at its own expense, will, and will cause each Subsidiary to:

  • Collateral Maintenance The Borrower will not permit the Appraised Value of the Vessel (such value, the “Vessel Value”) to be less than 125% of the aggregate outstanding principal amount of Loans at such time; provided that, so long as any non-compliance in respect of this Section 10.08 is not caused by a voluntary Collateral Disposition, such non-compliance shall not constitute a Default or an Event of Default so long as within 10 Business Days of the occurrence of such default, the Borrower shall either (i) post additional collateral reasonably satisfactory to the Required Lenders in favor of the Collateral Agent (it being understood that cash collateral comprised of Dollars is satisfactory and that it shall be valued at par), pursuant to security documentation reasonably satisfactory in form and substance to the Collateral Agent and the Lead Arrangers, in an aggregate amount sufficient to cure such non-compliance (and shall at all times during such period and prior to satisfactory completion thereof, be diligently carrying out such actions) or (ii) repay Loans in an amount sufficient to cure such non-compliance; provided, further, that, subject to the last sentence in Section 9.01(c), the covenant in this Section 10.08 shall be tested no more than once per calendar year beginning with the first calendar year end to occur after the Delivery Date in the absence of the occurrence of an Event of Default which is continuing.

Time is Money Join Law Insider Premium to draft better contracts faster.