For clarification. Notwithstanding the written amendment referred to in this Section 1(d), DTI will not be liable for any failure to provide a service or for any delay in providing a service under this Section 1(d), whether or not it includes work performed by the Technology Personnel, if despite DTI's commercially reasonable efforts the service later becomes technically infeasible or DTI or BNYM does not possess the resources required for the development, implementation or provision of such service and such resources cease or fail to be reasonably available in the regular commercial marketplace at reasonable prices.
For clarification. The Funds may, pursuant to the first and third sentences of Section 4(a), disclose DTI's Confidential Information to a Fund's Board of Directors/Trustees and to its and their respective auditors and attorneys, provided each recipient has agreed, or is otherwise subject to a duty, to maintain the confidentiality and use restrictions thereof in accordance with this Agreement and the Funds otherwise comply with the third sentence of Section 4(a).
For clarification. Any reference in this Sell On Premise Model to a defined document is a reference to that defined document as amended, varied, novated or supplemented from time to time, in line with Part 1 Article 12 “Change to Terms” of the SAP PartnerEdge GTCs.
For clarification. Company may be given access to and use of a Listed System which contains integration points or links to one or more Support Functions that are part of a Listed System to which the Company has not been given access and use ("Linked Functions"). The Licensed Rights granted by this Section 2.1 to access and use a particular Listed System containing integration points or links to Linked Functions includes the right to access and use such Linked Functions, does not include the right to use the entire Listed System containing the Linked Functions or other subsystems, software, programs, applications, interfaces, processes, subprograms, series of commands or functions in that Listed System. To the extent exercise of Licensed Rights hereunder inadvertently or otherwise results in access to or use of a Component System or other system, subsystem, software, program, application, interface, process, subprogram, series of commands or function which is not part of the its Licensed System, all terms of this Agreement shall apply to such access and use.
For clarification. Week Child Care Assistants: Total hours remain the same (school year and summer); however, during the summer sites may be merged based on programmatic needs.
For clarification. Any reference in this Sell On Premise Open Ecosystem Model to a defined document is a reference to that defined document as amended, varied, novated or supplemented from time to time in line with Part 1 Article 12 “Change to Terms” of the Open Ecosystem GTCs.
For clarification a merger or consolidation of Funds which does not result in a transfer of assets or accounts to a service provider other than the Administrator shall not constitute an Early Termination or Removed Assets under this Section 14(e).
For clarification. Company may be given access to and use of a Listed System which contains integration points or links to one or more Support Functions that are part of a Listed System to which the Company has not been given access and use (“
For clarification notwithstanding clause 4.3, you are not required to pay any Fees under this agreement for any Equipment and/or Services that we are unable to provide as a result of a Force Majeure Event. We will refund to you any Fees that were paid by you in accordance with this agreement for any Equipment and/or Services that we were unable to provide as a result of a Force Majeure Event.
For clarification. (a) The property referenced in Section 8.3.2 does not include any "Lease," as that term is defined in Section 1.1; and
(b) If a Master Lease exists, Lender's Encumbrance on Leases and rents arising from the Facility will be (i) void and no longer part of the Collateral and (ii) replaced by the security interest set forth in Section 8.3.2.
