INTRODUCTION AND SCOPE. 1.1 With respect to IXC, this Agreement applies only to the Internet Services and Broadband Services divisions of IXC and to teaming efforts regarding the products and services of such divisions. In addition, this Agreement shall apply only to teaming efforts regarding products and services to be sold and/or provided in the Territory, except as stated below. The Parties acknowledge that Projects may be performed outside the Territory either directly or indirectly through local subsidiaries or subcontractors and may be under this Agreement or under separate agreements of their respective local subsidiaries, all as the Parties may agree from time-to- time. The Parties will endeavor to ensure that the provisions of any such separate agreement, to the extent reasonably possible, will be the same as those of this Agreement. However, because of the various legal and business requirements of such subsidiaries or imposed on such subsidiaries, certain modifications of the provisions of this Agreement may be required for its adoption for use in such instances. 1.2 This Agreement applies only to the preparation and submission of Proposals and other related activities and performance of the Parties in order to obtain a contract from the applicable Client. The provision of products and/or services by a Party hereto as subcontractor to the other Party hereto as prime contractor will be under a separate agreement, as stated in Section 2.3 of this Agreement. 1.3 Either Party may request the other Party's participation in the development of a Proposal. Such request will be in writing in the form of a Statement of Intent To Develop A Proposal (the "Statement of Intent") substantially in the form of Exhibit A hereto, signed by a requesting Party. Such Statement of Intent may contain a brief preliminary description of the products and services each Party would provide, with the full description of the products and services to be provided by a Party as subcontractor to the other Party as prime contractor, and the applicable fees and charges, to be agreed upon and completed at a later date and incorporated in a subcontract to be negotiated and executed by the Parties with respect to the applicable Project. The Party receiving such a request to participate will respond in writing as to whether or not it will participate in the Proposal and Project by the earlier of (i) ten (10) business days after its receipt of the request, or (ii) thirty (30) days prior to the due date of the Proposal. A Party's election to participate shall be effected by executing and returning the Statement of Intent. An election to decline the offer to participate shall be effected by sending written notice of this decision to the offering Party. In the event of an election to decline participation, the following provisions of this Agreement will not apply to the applicable Proposal and Project: Articles III, IV and V, and Section 2.3.
Appears in 2 contracts
Samples: Joint Marketing and Services Agreement (Psinet Inc), Joint Marketing and Services Agreement (Ixc Communications Inc)
INTRODUCTION AND SCOPE. 1.1 With respect to IXC, this Agreement applies only to the Internet Services and Broadband Services divisions of IXC and to teaming efforts regarding the products and services of such divisions. In addition, this Agreement shall apply only to teaming efforts regarding products and services to be sold and/or provided in the Territory, except as stated below. The Parties acknowledge that Projects may be performed outside the Territory either directly or indirectly through local subsidiaries or subcontractors and may be under this Agreement or under separate agreements of their respective local subsidiaries, all as the Parties may agree from time-to- time. The Parties will endeavor to ensure that the provisions of any such separate agreement, to the extent reasonably possible, will be the same as those of this Agreement. However, because of the various legal and business requirements of such subsidiaries or imposed on such subsidiaries, certain modifications of the provisions of this Agreement may be required for its adoption for use in such instances.
1.2 This Agreement applies only to the preparation and submission of Proposals and other related activities and performance of the Parties in order to obtain a contract from the applicable Client. The provision of products and/or services by a Party hereto as subcontractor to the other Party hereto as prime contractor will be under a separate agreement, as stated in Section 2.3 of this Agreement.
1.3 Either Party may request the other Party's participation in the development of a Proposal. Such request will be in writing in the form of a Statement of Intent To Develop A Proposal (the "Statement of Intent") substantially in the form of Exhibit A hereto, signed by a requesting Party. Such Statement of Intent may contain a brief preliminary description of the products and services each Party would provide, with the full description of the products and services to be provided by a Party as subcontractor to the other Party as prime contractor, and the applicable fees and charges, to be agreed upon and completed at a later date and incorporated in a subcontract to be negotiated and executed by the Parties with respect to the applicable Project. The Party receiving such a request to participate will respond in writing as to whether or not it will participate in the Proposal and Project by the earlier of (i) ten (10) business days after its receipt of the request, or (ii) thirty (30) days prior to the due date of the Proposal. A Party's election to participate shall be effected by executing and returning the Statement of Intent. An election to decline the offer to participate shall be effected by sending written notice of this decision to the offering Party. In the event of an election to decline participation, the following provisions of this Agreement will not apply to the applicable Proposal and Project: Articles III, IV and V, and Section 2.3.later
Appears in 1 contract
Samples: Joint Marketing and Services Agreement (Psinet Inc)
INTRODUCTION AND SCOPE. 1.1 With respect to IXC, this Agreement applies only to the Internet Services and Broadband Services divisions of IXC and to teaming efforts regarding the products and services of such divisions. In addition, this Agreement shall apply only to teaming efforts regarding products and services to be sold and/or provided in the Territory, except as stated below. The Parties acknowledge that Projects may be performed outside the Territory either directly or indirectly through local subsidiaries or subcontractors and may be under this Agreement or under separate agreements of their respective local subsidiaries, all as the Parties may agree from time-to- time. The Parties will endeavor to ensure that the provisions of any such separate agreement, to the extent reasonably possible, will be the same as those of this Agreement. However, because of the various legal and business requirements of such subsidiaries or imposed on such subsidiaries, certain modifications of the provisions of this Agreement may be required for its adoption for use in such instances.
1.2 This Agreement applies only to the preparation and submission of Proposals and other related activities and performance of the Parties in order to obtain a contract from the applicable Client. The provision of products and/or services by a Party hereto as subcontractor to the other Party hereto as prime contractor will be under a separate agreement, as stated in Section 2.3 of this Agreement.as
1.3 Either Party may request the other Party's participation in the development of a Proposal. Such request will be in writing in the form of a Statement of Intent To Develop A Proposal (the "Statement of Intent") substantially in the form of Exhibit A hereto, signed by a requesting Party. Such Statement of Intent may contain a brief preliminary description of the products and services each Party would provide, with the full description of the products and services to be provided by a Party as subcontractor to the other Party as prime contractor, and the applicable fees and charges, to be agreed upon and completed at a later date and incorporated in a subcontract to be negotiated and executed by the Parties with respect to the applicable Project. The Party receiving such a request to participate will respond in writing as to whether or not it will participate in the Proposal and Project by the earlier of (i) ten (10) business days after its receipt of the request, or (ii) thirty (30) days prior to the due date of the Proposal. A Party's election to participate shall be effected by executing and returning the Statement of Intent. An election to decline the offer to participate shall be effected by sending written notice of this decision to the offering Party. In the event of an election to decline participation, the following provisions of this Agreement will not apply to the applicable Proposal and Project: Articles III, IV and V, and Section 2.3.
Appears in 1 contract
Samples: Joint Marketing and Services Agreement (Ixc Communications Inc)
INTRODUCTION AND SCOPE. 1.1 With respect to IXC, this Agreement applies only to the Internet Services and Broadband Services divisions of IXC and to teaming efforts regarding the products and services of such divisions. In addition, this Agreement shall apply only to teaming efforts regarding products and services to be sold and/or provided in the Territory, except as stated below. The Parties acknowledge that Projects may be performed outside the Territory either directly or indirectly through local subsidiaries or subcontractors and may be under this Agreement or under separate agreements of their respective local subsidiaries, all as the Parties may agree from time-to- to-time. The Parties will endeavor to ensure that the provisions of any such separate agreement, to the extent reasonably possible, will be the same as those of this Agreement. However, because of the various legal and business requirements of such subsidiaries or imposed on such subsidiaries, certain modifications of the provisions of this Agreement may be required for its adoption for use in such instances.
1.2 This Agreement applies only to the preparation and submission of Proposals and other related activities and performance of the Parties in order to obtain a contract from the applicable Client. The provision of products and/or services by a Party hereto as subcontractor to the other Party hereto as prime contractor will be under a separate agreement, as stated in Section 2.3 of this Agreement.
1.3 Either Party may request the other Party's participation in the development of a Proposal. Such request will be in writing in the form of a Statement of Intent To Develop A Proposal (the "Statement of Intent") substantially in the form of Exhibit A hereto, signed by a requesting Party. Such Statement of Intent may contain a brief preliminary description of the products and services each Party would provide, with the full description of the products and services to be provided by a Party as subcontractor to the other Party as prime contractor, and the applicable fees and charges, to be agreed upon and completed at a later Schedule 2.1.3 date and incorporated in a subcontract to be negotiated and executed by the Parties with respect to the applicable Project. The Party receiving such a request to participate will respond in writing as to whether or not it will participate in the Proposal and Project by the earlier of (i) ten (10) business days after its receipt of the request, or (ii) thirty (30) days prior to the due date of the Proposal. A Party's election to participate shall be effected by executing and returning the Statement of Intent. An election to decline the offer to participate shall be effected by sending written notice of this decision to the offering Party. In the event of an election to decline participation, the following provisions of this Agreement will not apply to the applicable Proposal and Project: Articles III, IV and V, and Section 2.3.
Appears in 1 contract
Samples: Joint Marketing and Services Agreement (Ixc Communications Inc)