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’s 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, 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. 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. 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. 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
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. 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.
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Related to EXCLUDED MATERIAL

  • Excluded Assets The Acquired Assets shall not include any of Sellers' right, title, or interest in or to any of the following which, in each case, shall remain subject to all valid and perfected liens and interests, including any liens or interests arising under the DIP Credit Agreement or the Stipulation and Agreement for use of Cash Collateral in the Case on file with the Bankruptcy Court (collectively, the "Excluded Assets"): (a) all rights of Sellers under this Agreement, including the Purchase Price; (b) any contracts and agreements other than the Assumed Assets; (c) all rights, demands, claims, actions, and causes of action, including, without limitation such as arise under Chapter 5 of the Bankruptcy Code, that Sellers, Sellers' estate, or any other party in interest may have other than the Claims; (d) all Rejected Equipment; (e) all Excluded Records; (f) any capital stock or other equity interest in any of Sellers' direct or indirect subsidiaries; (g) any right, property or asset listed on Schedule 2.2(k) hereto; (h) any contract or lease not assumed by Buyer under Sections 2.1(a), (b), (c), (d) or (g) and 2.6; (i) all rights under the Sellers' insurance policies with RLI Insurance Company, and the group of insurance companies providing Sellers' automobile and general liability coverage, including, without limitation, assets, contract rights, general intangibles, or any other claims against or relating to such policies, including insurance premium refunds, bond refunds, letter of credit refunds, and any other refunds (the "RLI Excluded Asset"); (j) any remaining balance of the Committee Retainer, as defined in the Cash Collateral Agreement, and any remaining balance of retainers applicable to professionals retained by Sellers; (k) cash and cash equivalents or similar type investments, uncollected checks, bank accounts, certificates of deposit, Treasury Bills, and other marketable securities; and (l) all prepaid rentals, and refunds of any security, vendor, utility or other deposits (other than with respect to insurance), real property taxes, personal property taxes and similar assessments and accruals payable in respect of any of Sellers' assets which relate to periods prior to the Closing Date.

  • Excluded Items The following items are excluded from this sale:

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.

  • 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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