Common use of EXCUSING CAUSES Clause in Contracts

EXCUSING CAUSES. 3.1 If Chess has failed to achieve a Service Level, or other obligation within this Agreement, then to the extent such failure is as a result of any of the matters, circumstances or issues listed in Part 2 of Schedule 2 (Agreed Parameters and Exclusions), the Customer shall not be entitled to the corresponding Service Credits or any other remedy. 1.1 If the Customer wishes to amend the Supported Equipment List, it shall submit a request to Chess, indicating the changes to the Supported Equipment List it wishes to make. Without prejudice to the Term or the Minimum Term, in respect of each item of Equipment listed in the Supported Equipment List, the Customer shall be obliged to procure a minimum of 12 months of Maintenance Support Services from Chess. Such 12 month minimum term will commence from the date on which the Customer signs the relevant Order Form or Change Control Note provided by Chess and upon confirmation by Chess that the item of Equipment had been accepted onto the Supported Equipment List. If the Customer wishes to remove such an item of Equipment from the Supported Equipment List (for any reason) during such 12 month minimum term such that the Customer will no longer be entitled to receive Maintenance Support Services in respect of that item, the Customer shall continue to be liable to pay the Charges for that item of Equipment for the remaining period of the Minimum Term.

Appears in 2 contracts

Samples: PBX Maintenance Service Agreement, PBX Maintenance Service Agreement

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EXCUSING CAUSES. 3.1 If Chess Numbergroup has failed to achieve a Service Level, or other obligation within this Agreement, then to the extent such failure is as a result of any of the matters, circumstances or issues listed in Part 2 of Schedule 2 (Agreed Parameters and Exclusions), the Customer shall not be entitled to the corresponding Service Credits or any other remedy. 1.1 If the Customer wishes to amend the Supported Equipment List, it shall submit a request to ChessNumbergroup, indicating the changes to the Supported Equipment List it wishes to make. Without prejudice to the Term or the Minimum Term, in respect of each item of Equipment listed in the Supported Equipment List, the Customer shall be obliged to procure a minimum of 12 months of Maintenance Support Services from ChessNumbergroup. Such 12 month minimum term will commence from the date on which the Customer signs the relevant Order Form or Change Control Note provided by Chess Numbergroup and upon confirmation by Chess Numbergroup that the item of Equipment had been accepted onto the Supported Equipment List. If the Customer wishes to remove such an item of Equipment from the Supported Equipment List (for any reason) during such 12 month minimum term such that the Customer will no longer be entitled to receive Maintenance Support Services in respect of that item, the Customer shall continue to be liable to pay the Charges for that item of Equipment for the remaining period of the Minimum Term.

Appears in 1 contract

Samples: PBX Maintenance Service Agreement

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EXCUSING CAUSES. 3.1 If Chess Vision has failed to achieve a Service Level, or other obligation within this Agreement, then to the extent such failure is as a result of any of the matters, circumstances or issues listed in Part 2 of Schedule 2 (Agreed Parameters and Exclusions), the Customer shall not be entitled to the corresponding Service Credits or any other remedy. 1.1 If the Customer wishes to amend the Supported Equipment List, it shall submit a request to ChessVision, indicating the changes to the Supported Equipment List it wishes to make. Without prejudice to the Term or the Minimum Term, in respect of each item of Equipment listed in the Supported Equipment List, the Customer shall be obliged to procure a minimum of 12 months of Maintenance Support Services from ChessVision. Such 12 month minimum term will commence from the date on which the Customer signs the relevant Order Form or Change Control Note provided by Chess Vision and upon confirmation by Chess Vision that the item of Equipment had been accepted onto the Supported Equipment List. If the Customer wishes to remove such an item of Equipment from the Supported Equipment List (for any reason) during such 12 month minimum term such that the Customer will no longer be entitled to receive Maintenance Support Services in respect of that item, the Customer shall continue to be liable to pay the Charges for that item of Equipment for the remaining period of the Minimum Term.

Appears in 1 contract

Samples: PBX Maintenance Service Agreement

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