IBM Corp. Hewlett Packard . EMachines/XxxxXX.xxx . Fujitsu . Gateway . Micron Electronics, Inc. . Digital Equipment Corporation . Packard Xxxx (NEC) . xxXxxxx.xxx . Microwarehouse . Computer Discount Warehouse . SHL . Siemens Nixdorf (SNI) . Toshiba . Vobis EXHIBIT 2 SERVICE LEVEL AGREEMENT This Service Level Agreement ("SLA") sets forth the service level and performance requirements, including technical support, operational requirements and customer care required under Section 2.4 of the Master Service Agreement ("Agreement") between Dell Products L.P. ("Dell") and Digital Work, Inc. ("Company"). In addition to any service level requirements specified in any agreements between Company and its subcontractors, Company shall ensure that the following service level and performance requirements are satisfied for all XxxxxxxXxxx.xxx supplied services:
IBM Corp agrees that whenever, at any time, or from time to time, it shall make any payment to the Administrative Agent or any Lender on account of its liability under this Section 10, it will notify the Administrative Agent and such Lender in writing that such payment is made under the guarantee contained in this Section 10 for such purpose. No payment or payments made by the Borrower or any other Person or received or collected by the Administrative Agent or any Lender from the Borrower or any other Person by virtue of any action or proceeding or any setoff or appropriation or application, at any time or from time to time, in reduction of or in payment of the Borrower Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of IBM Corp. under this Section 10 which, notwithstanding any such payment or payments, shall remain liable for the unpaid and outstanding Borrower Obligations until, subject to Section 10.5, the Borrower Obligations are paid in full and the Commitments are terminated.
IBM Corp waives any and all notice of the creation, renewal, extension or accrual of any of the Borrower Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon the guarantee contained in this Section 10 or acceptance of the guarantee contained in this Section 10; the Borrower Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred, or renewed, extended, amended or waived, in reliance upon the guarantee contained in this Section 10; and all dealings between IBM Corp. or the Borrower, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon the guarantee contained in this Section 10.
IBM Corp waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon IBM Corp. or the Borrower with respect to the Borrower Obligations. To the full extent permitted by law, the guarantee contained in this Section 10 shall be construed as a continuing, absolute and unconditional guarantee of payment without regard to (a) the validity or enforceability of this Agreement, any of the Borrower Obligations or any collateral security therefor or guarantee or right of offset with respect thereto at any time or from time to time held by the Administrative Agent or any Lender, (b) the legality under applicable Requirements of Law of repayment by the Borrower of the Borrower Obligations or the adoption of any Requirement of Law purporting to render the Borrower Obligations null and void, (c) any defense, setoff or counterclaim (other than a defense of payment or performance by the Borrower) which may at any time be available to or be asserted by IBM Corp. against the Administrative Agent or any Lender, (d) any change in ownership of the Borrower, any merger or consolidation of the Borrower into another Person or any loss of the Borrower’s separate legal identity or existence, or (e) any other circumstance whatsoever (with or without notice to or knowledge of IBM Corp. or the Borrower) which constitutes, or might be construed to constitute, an equitable or legal discharge of the Borrower for the Borrower Obligations, or of IBM Corp. under the guarantee contained in this Section 10, in bankruptcy or in any other instance. When the Administrative Agent or any Lender is pursuing its rights and remedies under this Section 10 against IBM Corp., the Administrative Agent or any Lender may, but shall be under no obligation to, pursue such rights and remedies as it may have against the Borrower or any other Person or against any collateral security or guarantee for the Borrower Obligations or any right of offset with respect thereto, and any failure by the Administrative Agent or any Lender to pursue such other rights or remedies or to collect any payments from the Borrower or any such other Person or to realize upon any such collateral security or guarantee or to exercise any such right of offset, or any release of the Borrower or any such other Person or of any such collateral security, guarantee or right of offset, shall not relieve IBM Corp. of any liability under this Section 10, and shall not impair or affect the rights and remedies,...
IBM Corp hereby agrees that any payments in respect of the Borrower Obligations pursuant to this Section 10 will be paid to the Administrative Agent without setoff or counterclaim at the office of the Administrative Agent specified in Section 11.2.
IBM Corp. Purpose of the Cooperation Agreement (Agreement)
IBM Corp. Released 2013. IBM SPSS Statistics for Mac, version 22.0. Armonk, NY: IBM Corp.
IBM Corp. C11642 for annual software and support maintenance for Informix, which is the database system used by the Integrated Financial and Administrative Solution (IFAS) and Human Resources systems.
IBM Corp. Microsoft Corp., Oracle Corp. and WebTV. Spyglass headquarters are located at 1240 X. Xxxxx Xxxx, Naperville, Ill. 60563; telephone: 630.000.0000; xxx: 630.000.0000; xxess email inquiries: rpitxxx@xxxxxxxx.xxx; Xxb server: http://xxx.xxxxxxxx.xxx. (January 1997) Spyglass is a registered trademark of Spyglass, Inc. The Spyglass logo and "Make the Net Work" are trademarks of Spyglass, Inc. in the United States and other countries. Mosaic is a trademark of the University of Illinois. Microsoft, Windows and Windows NT are registered trademarks of Microsoft Corp. (Other products and brand names are trademarks of registered trademarks of their respective companies.) This release contains information about management's future expectations, plans and prospects which constitute forward-looking statements for purposes of the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those indicated by these forward-looking statements as a result of various important factors which are discussed in the company's annual report on Form 10-K for the year ended September 30, 1996, which is on file with the SEC. EXHIBIT B to Amendment #2 to Technology cooperation Agreement, Including Amendment of OEM/Source License Agreement FOR IMMEDIATE RELEASE CONTACT: Randx Xxxxxx --------------------- 630.245.6500 Amanxx Xxxxxx 630.245.6512 Spyglass, Inc. SPYGLASS(R) REPORTS FIRST QUARTER 1997 FINANCIAL RESULTS; ANNOUNCES RE-STRUCTURING OF MICROSOFT(R) LICENSING AGREEMENT PROVIDES UPDATE ON PROGRESS IN INTERNET-DEVICE MARKET Naperville, Ill. -- Wednesday, January 22, 1997 - Spyglass Inc. (NASDAQ: SPYG) today reported financial results for the first quarter of fiscal 1997. The company reported revenues of $3.9 million for the three months ended December 31, 1996, as compared to revenues of $4.8 million for the same period last year. The company also reported a net loss of $1.5 million, or 12 cents per share, versus net income of $842,000, or 7 cents per share, for the same period a year ago. Spyglass also stated that it did not recognize any revenue in the quarter from Microsoft in excess of the minimum quarterly payment due under the license agreement with Microsoft with respect to the licensed Spyglass software used in the Microsoft Internet Explorer product for the Apple Macintosh(R) and Microsoft Windows(R) 3.1. However, Microsoft and Spyglass said today that the two companies had reached agreement for a full buyout ...
IBM Corp. Microsoft Corp., Oracle Corp. and WebTV Networks. Spyglass headquarters are located at 1240 X. Xxxxx Xxxx, Naperville, Ill. 60563; telephone: 630.000.0000; xxx: 630.000.0000; xxess email inquiries: rpitxxx@xxxxxxxx.xxx; Xxb server: http://xxx.xxxxxxxx.xxx. -30- (January 1997) Spyglass is a registered trademark of Spyglass, Inc. The spyglass logo and "Make the Net Work" are trademarks of Spyglass, Inc. in the United States and other countries. Mosaic is a trademark of the University of Illinois. Microsoft, ActiveX and Windows are either registered trademarks or trademarks of Microsoft Corp. in the United States and/or other countries. (Other products and brand names are trademarks of registered trademarks of their respective companies.) This release contains information about management's future expectations, plans and prospects which constitute forward-looking statements for purposes of the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those indicated by these forward-looking statements as a result of various important factors which are discussed in the company's annual report on Form 10-K for the year ended September 30, 1996, which is on file with the SEC.
