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EXCLUDED MATERIAL Sample Clauses

EXCLUDED MATERIAL. 3.1. The HSP Services shall not include the following activities (which, upon the Parties’ written agreement, Keyloop may perform at Keyloop’s prevailing rate): (a) correction of any defects or errors resulting from any modifications to the system and/or Client system made by any person other than Keyloop; (b) activities due to Client’s failure to meet its obligations, or any omissions or unauthorised acts of Client, or any fault in any third party software / database; (c) provision of back-up copies of data; or (d) activities related to any infrastructure and system (physical or virtual) security audit that is requested by Client and performed by Client and/or a third party appointed by Client. 3.2. In providing the HSP Services, Keyloop will allocate such amount of system resources as is appropriate in Keyloop’s reasonable opinion for systems of the size and nature of that provided to Client. In the event that Client’s usage of the system places excessive demands on system resources compared to those typically experienced by Keyloop for similar clients, for example because Client is generating an unusually large volume of reports or extracting large volumes of data, Keyloop may apply additional charges in relation to the provision of excess capacity.
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EXCLUDED MATERIAL. FDB is authorised to include the following third party terminologies, codes and/or links to third party codes within the Licensed Solution but is not authorised by the relevant copyright owners to sub- license such terminologies and/or codes. Licensee is responsible for ensuring that it has the necessary licensing arrangements in place to either use or distribute the following terminologies, codes and/or links to codes: - dictionary of medicines and devices (dm+d) - Read 2 drug codes - Read 2 clinical codes - Clinical Terms Version 3 (CTv3) drug codes - Clinical Terms Version 3 CTv3 clinical codes - Systematized Nomenclature of Medicine - Clinical Terms (SNoMed CT) codes
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EXCLUDED MATERIAL. Any information relating to the Goods and their use, such as weights, dimensions, prices and colours contained in catalogues, circulars, advertisements, illustrations or price lists of the Supplier shall not take effect as terms of the Supply Agreement unless expressly referred to in the Supply Agreement.
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EXCLUDED MATERIAL. 5.1. The Service does not include: (a) any configuration changes beyond the initial installation and configuration for installation purposes; (b) provision of support services relating to issues arising from the Third Party Solution or Authorised Third Party’s products, services or use of the Open Platform; (c) resolution of issues in relation to Client’s VPN; (d) resolution of any issues arising, whether directly or indirectly, from use of the Open Platform for functionality other than the Permitted Functionality; or (e) training or support in relation to the Third Party Solution or Authorised Third Party’s products, services or use of the Open Platform. 5.2. Any time spent by Xxxxxxx in liaising either with Client or with the Authorised Third Party in relation to matters described in paragraph 5.1 above will be chargeable to Client in accordance with Keyloop’s then current applicable rates or as otherwise agreed with Client.
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EXCLUDED MATERIAL. Unless otherwise agreed to by the Unit Member, his/her personnel file shall not include ratings, reports or records which were : X V I I I : P E R S O N N E L F I L E S CONTINUED 1. Obtained prior to his/her employment by the District, 2. Prepared by identifiable examination committee members, or 3. Obtained in connection with a promotional examination.
Sample 1
EXCLUDED MATERIAL. The term “Evaluation Material” does not include any information that: A. is or becomes publicly available (other than as a result of a breach by Purchaser of this Confidentiality Agreement); B. is or becomes available to Purchaser or its Representatives from a source other than Brokers, provided Purchaser has no actual knowledge that such source was bound by a confidentiality agreement with respect to such information; C. has been or shall be otherwise independently acquired or developed by Purchaser or any of its Representatives without violating the terms of this Confidentiality Agreement; or D. is known by Purchaser or its Representatives prior to its disclosure to Purchaser by Brokers.
Sample 1
EXCLUDED MATERIAL. 5.1 Service Online does not include any of the following, which Keyloop may provide to Client on request in accordance with Keyloop’s prevailing rates: (a) processing of Standard Configuration Changes by Keyloop in excess of those included under paragraph 2.1 (h) above; and (b) any changes other than Standard Configuration Changes. 5.2 Any time spent by Keyloop in liaising directly with the provider of Client’s 3rd Party Front End will be chargeable to Client on a time and materials basis in accordance with Keyloop’s prevailing rates or as otherwise agreed with Client.
Sample 1
EXCLUDED MATERIAL. 3.1. The Client Managed Application Delivery Platform does not include any of the following, which Keyloop may provide to Client on request at Keyloop’s prevailing rate: (a) licenses for any third party software (including without limitation any other operating system required by Client); (b) correction of any defects or errors resulting from any modifications made by any person other than Keyloop or its agents; (c) activities due to the installation, use or modification of any third party software; (d) activities due to any actual or suspected malware and/or virus; (e) activities due to the exercise of administrator access by Client; (f) upgrades and patching of the operating system; (g) support or provision of the services where the operating system is no longer a Current Operating System; (h) activities due to Client’s failure to meet its obligations, or any omissions or unauthorised acts of Client, or any fault in any third party software/ database; (i) provision of back-up copies of data; or (j) activities related to any infrastructure and system (physical or virtual) security audit that is requested by Client and performed by Client and/or a third party appointed by Client. 3.2. Keyloop will allocate such amount of system resources as defined at the time of purchase. In the event that Client’s usage of the system places excessive demands on system resources, Keyloop may apply additional charges in relation to the provision of excess capacity. Keyloop does not guarantee virtual or physical CPU core size or speed, nor affinity to a specific or dedicated physical server.
Sample 1
EXCLUDED MATERIAL. Buyer shall not be required to maintain the confidentiality of those portions of the Evaluation Material that: (i) become generally available to the public other than as a result of disclosure by Buyer or by any of Buyer's Representatives; (ii) were available to Buyer on a non-confidential basis prior to the disclosure of such Evaluation Material to Buyer pursuant to this Agreement, provided that the source of such information was not known by Buyer or any of Buyer's Representatives, after reasonable investigation, to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to Company or any of Company's affiliates with respect to such material; or (iii) become available to Buyer on a non-confidential basis from a source other than Company or their Representatives, provided that the source of such information was not known by Buyer or any of Buyer's Representatives, after reasonable investigation, to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to Company or any of Company's affiliates with respect to such material.
Sample 1

Related to EXCLUDED MATERIAL

  • Stored Materials Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.

  • Excluded Information For purposes of this Agreement, the term “confidential and proprietary information” shall not include (i) information already known or independently developed by the recipient without the use of any confidential and proprietary information, or (ii) information known to the public through no wrongful act of the recipient.

  • Third Party Materials The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third- party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  • Licensed Materials The materials that are the subject of this Agreement are set forth in Appendix A ("Licensed Materials").

  • Excluded Assets Notwithstanding anything in Section 2.1 hereof to the contrary, the term “Assets” shall exclude the following (“Excluded Assets”): (a) The corporate minute books and stock ledgers of the Seller, all correspondence with Investors dealing with Investor relations or the governance of the Seller, all files, communication or other documentation and correspondence protected by attorney client privilege or related to causes of action asserted in that action captioned “New N.O. Crescent City Investors, L.L.C. and Crescent City Investors, Inc. versus Xxxx’x Xxxxx Steak House, Inc.”, 24th Judicial District Court for the Parish of Jefferson, State of Louisiana Docket No. 615-283, Division “D” (“the Litigation”) and personal files of Queyrouze not related to Seller’s Business; (b) All assets related to any pension, profit sharing, stock bonus, stock option, thrift or other retirement plan; medical, hospitalization, dental, life, disability, vacation or other insurance or benefit plan; employee stock ownership, deferred compensation, stock ownership, stock purchase, bonus, benefit or other incentive plan; severance plan; or other similar plan relating to Seller or its employees; (c) All claims and rights of Seller under all causes of action, choses of action, rights of recovery, warranty rights with respect to assets other than Purchased Assets, rights of set off, rights of recoupment, accounts receivable and credit card company payments relating to Seller’s Business and accrued prior to Closing and all deposits and security in respect of any Real Property Lease and as appearing on Schedule 2.2(c); (d) Personal memorabilia owned by Queyrouze on display in the various restaurants or otherwise contained in the various restaurants and as appearing on Schedule 2.2(d); (e) Equipment, furniture or furnishings owned by Queyrouze and used exclusively by Queyrouze which are contained in an office used exclusively by Queyrouze and as appearing on Schedule 2.2(e); and (f) Except for Working Cash, any other cash on hand, cash in Seller’s bank accounts and escrow accounts and cash equivalents.

  • Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.’

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