Installation Services and Services Provided Under Extended Service Agreements Sample Clauses

Installation Services and Services Provided Under Extended Service Agreements. PLC shall, and PLC Parent shall cause PLC to, provide the services and technical support relating to the Products as set forth on Schedule 4.5 (the “Schedule 4.5 Services”). PLC shall periodically provide to Novadaq PLC’s then-current service agreement program descriptions and pricing therefor. Novadaq may set the price at which it sells Schedule 4.5 Services to end users and shall invoice customers for all service fees and charges and shall be entitled to retain [**]%) percent of all such service fees and revenues that it receives from end users for the Schedule 4.5 Services with respect to an HL-2 Laser System within the first [**] following the sale of such HL-2 Laser System to such end user, and thereafter [**]%) percent of such fees and revenues, and Novadaq shall pay to PLC the remainder of such fees and revenues (i.e., [**]%) percent if within [**] after such sale and [**]%) percent thereafter), which amounts shall be due and payable within [**] after Novadaq’s receipt of such fees and revenues; provided, however, that, in no event shall PLC receive from Novadaq an amount for the performance of extended services that is less than the amount specified by PLC for such services in its then-current price list. If and to the extent that PLC fails to perform its obligation in the first sentence of this Section 4.5, Novadaq may provide those Schedule 4.5 Services or contract with a third party to provide those Schedule 4.5 Services. In such event, Novadaq shall keep all service fees and revenues resulting therefrom and PLC shall train the personnel (at a rate of [**] dollars ($[**]) per day) performing such Schedule 4.5 Services (whether employed by Novadaq or a third party) and provide factory support, including, without limitation, service manuals, spare parts, technical troubleshooting, and processing product returns. PLC shall also provide Novadaq with monthly reports with respect to Product returns and complaints. Novadaq shall log in any Products returned by customers to Novadaq and return such Products to PLC. If an HL-2 Laser System is installed and the price to be paid by the end user for such installation is less than [**] dollars ($[**]) per day, PLC shall install such HL-2 Laser System and Novadaq shall pay PLC the difference between [**] dollars ($[**]) and the amount to be paid by the end user per day for such installation, but in no event shall Novadaq’s payment exceed [**] dollars ($[**]) per installation. For the avoidance of doubt, PLC sh...
AutoNDA by SimpleDocs
Installation Services and Services Provided Under Extended Service Agreements. PLC shall and PLC Parent shall cause PLC to provide the services and technical support relating to the Products as set forth on Schedule 4.5 (the “Schedule 4.5 Services”). PLC shall retain all service fees and revenues that it receives from end users for providing the Schedule 4.5 Services, provided that PLC shall pay to Exxxxxx a commission of [**]% of all such fees and revenues. If and to the extent that PLC fails to perform its obligation in the first sentence of this Section 4.5, Exxxxxx may provide those Schedule 4.5 Services or contract with a third party to provide those Schedule 4.5 Services. In such event, Exxxxxx shall keep all service fees and revenues resulting therefrom and PLC shall train the personnel (at a rate of $[**] per day) performing such Schedule 4.5 Services (whether employed by Exxxxxx or a third party) and provide factory support, including, without limitation, spare parts, technical troubleshooting, and processing product returns. PLC shall also provide Exxxxxx with monthly reports with respect to Product returns and complaints. Exxxxxx shall log in any Products returned by customers to Exxxxxx and return such Products to PLC. If an HL-2 Laser System is installed and the price to be paid by the end user for such installation is less than $[**] per day, PLC shall install such HL-2 Laser System and Exxxxxx shall pay PLC the difference between $[**] and the amount to be paid by the end user per day for such installation, but in no event shall Exxxxxx’ payment exceed $[**] per installation.

Related to Installation Services and Services Provided Under Extended Service Agreements

  • Interconnection Customer Provided Services The services provided by Interconnection Customer under this LGIA are set forth in Article 9.6 and Article 13.5. 1. Interconnection Customer shall be paid for such services in accordance with Article 11.6.

  • Approved Services; Additional Services Registry Operator shall be entitled to provide the Registry Services described in clauses (a) and (b) of the first paragraph of Section 2.1 in the Specification 6 attached hereto (“Specification 6”) and such other Registry Services set forth on Exhibit A (collectively, the “Approved Services”). If Registry Operator desires to provide any Registry Service that is not an Approved Service or is a material modification to an Approved Service (each, an “Additional Service”), Registry Operator shall submit a request for approval of such Additional Service pursuant to the Registry Services Evaluation Policy at xxxx://xxx.xxxxx.xxx/en/registries/rsep/rsep.html, as such policy may be amended from time to time in accordance with the bylaws of ICANN (as amended from time to time, the “ICANN Bylaws”) applicable to Consensus Policies (the “RSEP”). Registry Operator may offer Additional Services only with the written approval of ICANN, and, upon any such approval, such Additional Services shall be deemed Registry Services under this Agreement. In its reasonable discretion, ICANN may require an amendment to this Agreement reflecting the provision of any Additional Service which is approved pursuant to the RSEP, which amendment shall be in a form reasonably acceptable to the parties.

  • Transition Services Agreement Seller shall have executed and delivered the Transition Services Agreement.

  • Implementation Services Vendor shall provide the Implementation Services, if any, described in Exhibit A. The Services Fees for any Implementation Services shall be described in Exhibit A.

  • Installation Services The Bitstream 2a Service includes a Standard Install as set out below (in each case to the extent that the relevant provisioning works are not already complete for the relevant Service Order).1

  • Collection Services General 5-1 5.02 Solid Waste Collection 5-1 5.03 Targeted Recyclable Materials Collection 5-3

  • Support Services Rehabilitation, counselling and EAP’s. Support is strictly non- punitive, and can be accessed at anytime (self-identification of the need for help is strongly encouraged).

  • Service Level Agreement 6.1 NCR Voyix will use commercially reasonable efforts to make the Service available to you at or above the Availability Rate set forth at xxxxx://xxx.xxx.xxx/support/aloha-sla. If NCR Voyix does not meet the Availability Rate, you are entitled to request a service-level credit subject to the terms of this Agreement. This credit is calculated as a percentage of the monthly recurring bill (or monthly pro rata share of billing, if billing does not occur monthly) for the Service for the month in which the Availability Rate was not met. The Availability Rate is determined by: (a) dividing the total number of valid outage minutes in a calendar month by the total number of minutes in that month; (b) subtracting that quotient from 1.00; (c) multiplying that difference by 100; and (d) rounding that result to two decimal places in accordance with standard rounding conventions. The number of outage minutes per day for a given service is determined by the lesser of the number of outage minutes. 6.2 Unavailability due to other conditions or caused by factors outside of NCR Voyix’s reasonable control will not be included in the calculation of the Availability Rate. Further, the following are expressly excluded from the calculation of the Availability Rate: (a) service unavailability affecting services or application program interfaces that are not used by you; (b) cases where fail-over to another data center is available but not utilized; (c) transient time-outs, required re-tries, or slower-than-normal response caused by factors outside of NCR Voyix’s reasonable control; (d) Scheduled Downtime, including maintenance and upgrades; (e) force majeure; (f) transmission or communications outages outside the NCR Voyix- controlled environment; (g) store-level down-time caused by factors outside of NCR Voyix’s reasonable control; (h) outages attributable to services, hardware, or software not provided by NCR Voyix, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services; (i) use of the Service in a manner inconsistent with the documentation for the application program interface or the NCR Voyix Product; (j) your Point of Sale (“POS”) failure or the failure to properly maintain the POS environment, including updating the POS firmware or version of the software running on the POS as recommended by either NCR Voyix, a third-party POS reseller or servicer; and (k) issues related to third party domain name system (“DNS”) errors or failures. 6.3 To obtain a service-level credit, you must submit a claim by contacting NCR Voyix through the website at xxxxx://xxx.xxx.xxx/support/aloha-sla Your failure to provide the claim and other information will disqualify you from receiving a credit. NCR Voyix must receive claims within 60 days from the last day of the impacted month. After that date, claims are considered waived and will be refused. You must be in compliance with the Agreement in order to be eligible for a service-level credit. You may not unilaterally offset for any performance or availability issues any amount owed to NCR Voyix. If multiple Services experience an outage in a given month, the total credit for that month will be the highest credit allowed for any single Service which failed; there is no stacking of credits. 6.4 The remedies set forth in the Section are your sole and exclusive remedies for performance or availability issues affecting the Services, including any failure by NCR Voyix to achieve the Availability Rate.

  • Availability of Verizon Telecommunications Services 3.1 Verizon will provide a Verizon Telecommunications Service to Z-Tel for resale pursuant to this Attachment where and to the same extent, but only where and to the same extent, that such Verizon Telecommunications Service is provided to Verizon’s Customers. 3.2 Except as otherwise required by Applicable Law, subject to Section 3.1, Verizon shall have the right to add, modify, grandfather, discontinue or withdraw, Verizon Telecommunications Services at any time, without the consent of Z-Tel. 3.3 To the extent required by Applicable Law, the Verizon Telecommunications Services to be provided to Z-Tel for resale pursuant to this Attachment will include a Verizon Telecommunications Service customer-specific contract service arrangement (“CSA”) (such as a customer specific pricing arrangement or individual case based pricing arrangement) that Verizon is providing to a Verizon Customer at the time the CSA is requested by Z-Tel.

  • Network Services Local Access Services In lieu of any other rates and discounts, Customer will pay fixed monthly recurring local loop charges ranging from $1,200 to $2,000 for TDM-based DS-3 Network Services Local Access Services at 2 CLLI codes mutually agreed upon by Customer and Company.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!