GENERAL WARRANTY BY CUSTOMER Sample Clauses

GENERAL WARRANTY BY CUSTOMER. Customer represents and warrants to Company that the aggregate peak demand of all of Customer’s ESI IDs is under 50 kW at all times in the most recent 12 months or that the ESI ID(s) to be served by this Agreement are classified as residential meters by the TDU and that Customer does not currently generate or consume electricity generated behind the Customer’s meter. In the event that the peak demand of all non-residential meters has exceeded 50 kW at any time in the past 12 months, Company may either: (i) provide Customer with a new Agreement and Price, which Customer can either accept or reject within 14 days of the date Company notifies Customer of such proposed new Agreement and Price; or (ii) terminate this Agreement upon 14 days written notice to Customer and move Customer to a Variable product. If Company sends a new Agreement and Price to Customer and Customer rejects such proposed new Agreement and Price, Company may terminate this Agreement upon 14 days written notice to Customer and move Customer to a Variable Product. Nothing herein shall relieve Customer of its obligation to pay Company for any Services provided to Customer.
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs
GENERAL WARRANTY BY CUSTOMER. Customer represents and warrants that (i) Customer has the corporate power and authority to enter into and perform Customer’s obligations under this Agreement; (ii) Customer has full right, power and authority with regard to each Asset to consent to Qualys’s performance of the Cloud Services; and (iii) Customer will not make any unauthorized representation or warranty to any third party relating to Qualys or the Cloud Services.
Sample 1

Related to GENERAL WARRANTY BY CUSTOMER

  • By Customer To the extent permitted by applicable law, Customer will defend Microsoft against any third-party claim to the extent it alleges that: (1) any Customer Data or non- Microsoft software hosted in an Online Service by Microsoft on Customer’s behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Customer’s use of any Product or Fix, alone or in combination with anything else, violates the law or xxxxx a third party.

  • Contractor Commitments, Warranties and Representations Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

  • Termination by Customer Without prejudice to any rights or remedies of the Customer, the Customer may, by at least seven (7) days’ notice in writing to Deswik, terminate this Agreement if:

  • Indemnification by Customer Customer shall indemnify, defend and hold harmless MSIL and its affiliates from and against any loss, liability, damage, cost or expense (including attorneys' and accountants' fees and expenses incurred in the defense of any demands, claims or lawsuits) actually and reasonably incurred arising from any act, omission, conduct, or activity undertaken by MSIL on behalf of Customer, including, without limitation, any demands, claims or lawsuits initiated by a limited partner (or assignee thereof); provided that (i) MSIL has determined, in good faith, that the act, omission, conduct, or activity giving rise to the claim for indemnification was in the best interests of the Customer, and (ii) the act, omission, conduct or activity that was the basis for such loss, liability, damage, cost or expense was not the result of misconduct or negligence. Notwithstanding the foregoing, no indemnification of MSIL or its affiliates by Customer shall be permitted for any losses, liabilities or expenses arising from or out of any alleged violation of federal or state securities laws unless (i) there has been a successful adjudication on the merits of each count involving alleged securities law violations as to the particular indemnitee, or (ii) such claims have been dismissed with prejudice on the merits by a court of competent jurisdiction as to the particular indemnitee, or (iii) a court of competent jurisdiction approves a settlement of the claims against the particular indemnitee and finds that indemnification of the settlement and related costs should be made, provided with regard to such court approval, the indemnitee must apprise the court of the position of the SEC and the positions of the respective securities administrators of Massachusetts, Missouri, Tennessee and/or those other states and jurisdictions in which the plaintiffs claim that they were offered or sold Units, with respect to indemnification for securities laws violations before seeking court approval for indemnification. Furthermore, in any action or proceeding brought by a limited partner in the right of Customer to which MSIL or any affiliate thereof is a party defendant, any such person shall be indemnified only to the extent and subject to the conditions specified in the Delaware Revised Uniform Limited Partnership Act, as amended, and this Section 2. The Customer shall make advances to MSIL or its affiliates hereunder only if: (i) the demand, claim lawsuit or legal action relates to the performance of duties or services by such persons to Customer; (ii) such demand, claim lawsuit or legal action is not initiated by a limited partner; and (iii) such advances are repaid, with interest at the legal rate under Delaware law, if the person receiving such advance is ultimately found not to be entitled to indemnification hereunder.

  • LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION You agree to notify Credit Union immediately, orally or in writing at Florida Credit Union, X.X. Xxx 0000, Xxxxxxxxxxx, XX 00000 or telephone (000) 000-0000 twenty four

Time is Money Join Law Insider Premium to draft better contracts faster.