Installation of ON Sample Clauses

Installation of ON. Track gateways in heavy construction machinery or in vehicles The Installations of ON!Track gateways in heavy construction machinery or vehicles (“Gateways”) are subject to a daily rate to be paid by Customer (if ordered) to the Service Provider for the days Service Provider or its appointed third-party subcontractor being at the Customer premises for conducting the Gateway installations. The number of Gateways, rates, and timing are to be agreed upon by Customer and Service Provider, when ordering the Gateways in the Order Form, where in any case agreed installation dates and timing are estimates only and cannot be warranted or guaranteed, as an installation particularly, but not limited to depends on Customer ensuring machinery- or vehicle availability at the agreed site and time. Upon installation of a Gateway, Customer must immediately notify any Gateway installation defect, otherwise the installation is deemed to be accepted by Customer. Provided that the defect notification is provided in time by Customer, the installation warranty period for a Gateway is 90 days post installation and only covers the defect rectification of the Gateway by way of replacement or repair according to Service Provider`s sole discretion, but not including any other claims or remedies in accordance with the terms of the Agreement. The Customer is responsible to: • Share a list of equipment and vehicles (as applicable) as well as details (such as manufacturer, model, year) incl. the location for installation at least two weeks before the estimated installation date. • Informing himself about the potential impact of the installation on the existing warranty with the equipment and vehicle (as applicable) manufacturer • Ensure that the equipment and vehicle (as applicable) are at the agreed location at the agreed time, otherwise the installation is not possible, and the Customer will be charged the full installation costs. • Ensure that there is always one contact person of the Customer on site to answer possible questions about the equipment and vehicle (as applicable) and operate them to prove the expected state before and after installation. • Ensure that no other work must be done on the machine in parallel to the installation service (e.g. regular maintenance). Customer agrees to indemnify and hold harmless Service Provider from any claims, damages, or losses arising from the installation of a Gateway in heavy machinery and/or vehicles that may violate manufacturer instruc...
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Related to Installation of ON

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • NOW, THEREFORE the parties agree as follows:

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • General All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

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