Equipment Modification. Seller reserves the right to make any changes in the design or construction of Seller’s Products without incurring any obligation to make any updates or changes whatsoever in the Covered Equipment under the Support Plan. Buyer agrees to allow Seller, at its expense and option, to make retrofits or design changes which improve product reliability, but do not change its performance characteristics. Any Buyer requests to modify or add devices or accessories to Covered Equipment that are not manufactured by Seller are outside the scope of the Support Plans and covered Support Services.
Equipment Modification. RiT shall have the right to modify, alter, or improve any or all of the Products, and shall have the right to discontinue specific Products. Consequently, RiT may modify Appendix A (by addition, deletion or otherwise) by written notice to Distributor, from time to time, at its discretion. If RiT deletes a Product from Appendix A, such notice shall be effective no fewer than sixty (60) days from the date of such notice.
Equipment Modification. Because of the high concentration of H2S, CHK Compression, at its sole discretion, may modify or replace certain components of any affected Equipment, which modifications or replacements shall be solely related to the safety of personnel and the safe operation of the affected Equipment, so as to allow it to safely compress High H2S Gas without undue damage or wear or risk to personnel. The reasonable cost of these equipment modifications will be borne by MLP OpCo.
Equipment Modification. Tenant may update, replace, relocate or add to the Equipment from time to time in compliance with a new site plan approved in advance by Landlord in writing. The new site plan will be substituted for the existing Exhibit "A" to reflect the modified Equipment. The new Exhibit "A" and any adjustment to the applicable rental amount for increasing the burden on the Tower or Property will be incorporated into this Agreement by execution of an Amendment to this Agreement. Tenant will pay all costs associated with modifying the Equipment including structural studies, if required by Xxxxxxxx’s engineer, and Xxxxxxxx’s legal fees for drafting the amendment.
Equipment Modification. Because of the high concentration of H2S, EXLP and ACMP, by mutual consent, may modify or replace certain components of any affected Equipment, which modifications or replacements will be solely related to the safety of personnel and the safe operation of the affected Equipment, so as to allow it to be used to safely compress High H2S/CO2 Gas without undue damage or wear or risk to personnel. The reasonable cost of these equipment modifications, including the reasonable cost of any equipment modifications necessary to satisfy Section 9 of the Compression Technical Specifications in Exhibit 2.5.9 (Sour Gas Units), will be borne by ACMP.
Equipment Modification. Because of the high concentration of H2S, MidCon and CMO, by mutual consent, may modify or replace certain components of any affected Equipment, which modifications or replacements shall be solely related to the safety of personnel and the safe operation of the affected Equipment, so as to allow it to safely compress High H2S/CO2 Gas without undue damage or wear or risk to personnel. The reasonable cost of these equipment modifications will be borne by CMO.
Equipment Modification. RiT shall have the right to modify, alter, or improve any or all of the Products, and shall have the right to discontinue specific Products upon not less than sixty (60) days prior written notice to Distributor. RiT will make available to Distributor documentation describing any such modification, alteration, or product improvement if required to perform maintenance or repair of the Product. Distributor shall not make any modifications, alterations, or improvements in any of the Products without the prior written consent of RiT.
Equipment Modification. The Equipment will perform as warranted during any applicable initial warranty period. However, RD may thereafter be required to modify the Equipment in order to improve its use and reliability. All such modifications shall be the subject of a detailed cost estimate by RD and shall be assented to by Customer by submitting a purchase order to RD. Any terms and conditions of Customer's purchase order that conflict with the terms of this Agreement or the applicable Service Schedule are hereby rejected and the terms of this Agreement or the applicable Service Schedule shall control. All modification work shall be billed separately except for modifications required to improve use or reliability which occur during any applicable warranty period, which shall be free. Modified Equipment shall be subject to this Agreement and any applicable Service Schedule in all respects. Modifications shall not extend the normal warranty period. E6. REMOTE ACCESS SERVICE: To optimize the functionality, performance and use of Equipment, Customer agrees that RD may from time to time desire to access the Equipment to provide Customer with remote access service via connectivity solution (e.g. modem) and a software teleservice tool. Remote access service (“RA Service”) may include any of the following: (i) Screen sharing (remote viewing of Customer screens) to view software user interface; (ii) Remote operation of equipment in diagnostic mode; (iii) Performance of component and/or mechanism checks; (iv) Remote configuration of equipment; (v) Data uploads/downloads, data capture, database exporting and transmission of log files; (vi) Transmittal of application software updates; and (vii) any other Service which may be performed under this Agreement. RA Service will be provided at RD’s discretion on a case-specific basis for troubleshooting and repair and/or a long-term basis to perform data tracking, evaluation and review of equipment use to facilitate optimization or enhanced functionality. RA Service will be provided at RD’s option and will only be provided with respect to Equipment manufactured, sold, distributed and/or serviced by RD. Nothing contained herein shall obligate RD to provide RA Service with respect to any diagnostics equipment. RD will have no obligation to alert or notify Customer of any issues or problems arising in connection with any Equipment which are or would have been discernable from a study or review of any data obtained from the Equipment. Any repairs to an...
Equipment Modification. In the event that (a) the Buyer modifies the Goods or any product sold pursuant to these T&C’s or the Order without the express written consent of the Seller; or (b) the Buyer fails to implement any changes in the Goods or product directed by the Seller; or (c) any Goods or any product to be furnished under these T&C’s or the Order are made in accordance with drawings, samples or manufacturing specifications provided by or designated by the Buyer, then Xxxxx agrees to indemnify and hold harmless the Seller from all claims, demands, actions or causes of action or costs and expenses incurred in connection therewith, whether in contract, tort or admiralty.
