Exceptions and Clarifications. After shipping, Partner or its designated service representative shall not alter the multifunction device model in any way that will affect the multifunction device's ability to meet the specifications outlined above. Certain exceptions are allowed in changing the default times and the duplex mode. These exceptions are as follows:
Exceptions and Clarifications. (a) Recipient’s obligations under this agreement will not apply to any Confidential Information to the extent it:
(i) is now, or subsequently becomes, generally available to the public through no wrongful act or omission of Recipient or its Representatives;
(ii) was, before receipt from Discloser, or becomes rightfully known to Recipient without confidentiality restrictions through disclosure from a source other than Discloser that does not owe a duty of confidentiality to Discloser with respect to such Confidential Information; or
(iii) is independently developed by Recipient without using any Confidential Information of Discloser.
(b) Recipient may disclose Discloser’s Confidential Information, and either party may disclose Transaction Information, to the extent required by law or regulation provided that such disclosure requirement does not arise from a breach of Section 6 of this agreement. Recipient shall give Discloser reasonable advance notice of any such required disclosure to the extent permissible by law and shall limit the scope of such disclosure to the minimum required by the law or regulation.
(c) Discloser acknowledges that Recipient may assign personnel for any purpose or to independently develop, offer or otherwise deal in products or services competitive with those of Discloser so long as Recipient (or its personnel, including its Representatives) does not use Discloser’s Confidential Information or otherwise violate Recipient’s obligations under this agreement.
(d) All Confidential Information disclosed under this agreement will remain the property of Discloser. No license or right under any intellectual property right is granted under this agreement or by any disclosure of Confidential Information except as expressly stated in this agreement.
(e) Notwithstanding Section 2(b), either party may use Residuals (as defined below) for any purpose or in any manner; provided, however, that the right to use Residuals does not represent a license under any patent or copyright of Discloser. The term “Residuals” means any information retained in the unaided memories of a party’s Representatives who have had access to the other party’s Confidential Information. A Representative’s memory is unaided if the person no longer has access to the Confidential Information and has not intentionally memorized the Confidential Information for the purpose of retaining and subsequently using or disclosing it. Neither party has any obligation to limit or restrict ...
Exceptions and Clarifications a. The contractor shall be responsible for providing services to an enrollee unless otherwise notified by DMAHS. In certain situations, retroactive re-enrollments may be authorized by DMAHS.
Exceptions and Clarifications. The Solicitation contains the specifications that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or modifications of a requirement or term and condition of the Solicitation may result in bid disqualification.
Exceptions and Clarifications. (a) Notwithstanding the foregoing, solely with respect to Recipient’s provision and Provider’s receipt of the Reverse Services:
(i) any terms of this Agreement that apply to the Services “in connection with a Delayed Asset,” to “the date of the applicable Delayed Transfer”, or terms with similar meaning as the foregoing shall not apply to the Reverse Services;
(ii) any terms of this Agreement that refer to the purpose or manner in which the Services were used by Provider and its Affiliates during the Baseline Period, or the scope or volume of, or location at which, the Services were provided by Provider and its Affiliates to the Business in the ordinary course during the Baseline Period, or the types, level or standard of Services that were provided by Provider or any Provider Affiliate to the Business in the ordinary course during the Baseline Period, shall refer to the purpose or manner in which the Reverse Services were used by Provider and its Affiliates during the Baseline Period, the scope or volume of, or location at which, the Reverse Services were provided by Provider and its Affiliates to the Retained Business in the ordinary course during the Baseline Period, and the types, level or standard of services that were provided by Provider or any Provider Affiliate to the Retained Business in the ordinary course during the Baseline Period, respectively;
(iii) the limitation of liability provisions contained in Section 5.7(b) shall apply to Recipient solely in its capacity as a provider of the Reverse Services pursuant to this Article IX and not in its capacity as a recipient of the Services pursuant to the other provisions of this Agreement;
(iv) Section 4.1(b) shall not apply to the Reverse Services, and the following shall instead apply to the Reverse Services as a replacement Section 4.1(b): Notwithstanding anything to the contrary in Section 4.1(a), all information, records, data, reports and deliverables to the extent relating to the Retained Business that are generated, collected, stored, processed, or created by or on behalf of Provider or any Provider Affiliate (including by Recipient, its Affiliates and Subcontractors) in connection with a Reverse Service shall be owned by Provider or its applicable Affiliate (“Provider Business Data”), except that Recipient (or its applicable Affiliate) shall own all information, records, data, reports and deliverables generated, collected, stored, processed, or created in providing the Reverse Services to t...
Exceptions and Clarifications. After shipping, Program Participant or its designated service representative shall not alter the copier model in any way that will affect the copier's ability to meet the specifications outlined above. Certain exceptions are allowed in changing the default times, the off mode specifications, and the duplex mode. These exceptions are as follows:
Exceptions and Clarifications a. The con tractor shall be responsible for providing services to an enrollee unless otherwise notified by DMAHS. In certain situations, retroactive re-enrollments may be authorized by DMAHS.
Exceptions and Clarifications. 1. All work for both docks will be included in one single bid package document.
2. A breasting and fendering system is not required at the Oil Dock 9 facility, as the current dock is a barge dock facility with constraints on size of dock basin, and therefore is not included in this scope of work.
3. For inspections not accessible through the dock structures or landside, Authority will facilitate a boat or vessel to allow for these inspections.
4. This scope does not include underwater inspections. Previous underwater inspection reports will be utilized.
Exceptions and Clarifications. 1- Agreement
Exceptions and Clarifications. After shipping, the ENERGY STAR Partner or its designated service representative shall not alter the models covered by this MOU in any way that will affect the products’ ability to meet the specifications outlined above. Four exceptions follow:
