Common use of IT PRODUCTS Clause in Contracts

IT PRODUCTS. This Contract governs the overall relationship of the CONTRACTOR and the CUSTOMER with respect to the provision of the Ordered IT Products. The CUSTOMER has ordered the Ordered IT Products specified in Schedule 2-2 and the CONTRACTOR shall provide those Ordered IT Products: in accordance with the provisions of this Contract if those Ordered IT Products are to be sold by the CONTRACTOR and purchased by the CUSTOMER; and in accordance with the provisions of this Contract and any other terms and conditions as are agreed between the CUSTOMER and the CONTRACTOR and any third party (if any) if the Ordered Goods are to be leased, loaned or hired to the CUSTOMER. Where the CUSTOMER is entering into any other terms and conditions with any such third party, the CUSTOMER shall inform the CONTRACTOR of the terms and conditions of any such third party leasing, loan or hire purchase contract that it shall be expected to comply with and the CONTRACTOR shall ensure that no act or omission by itself, any CONTRACTOR Personnel or its Sub-Contractors in anyway invalidates or affects (including causing or likely to cause the CUSTOMER to breach) such terms and conditions. Nothing in this Contract shall create an exclusive relationship between the CONTRACTOR and the CUSTOMER for the provision of any or all IT Products. The CONTRACTOR shall provide the Ordered IT Products in accordance with: any agreed timetable and Implementation Plan; and the relevant Service Levels at all times throughout the Term of this Contract. Any failure to meet any Service Levels shall entitle the CUSTOMER to Service Credits calculated in accordance with the provisions of Schedule 2-2. In the provision of the Ordered IT Products, should the CONTRACTOR become aware of any breach in its provision or performance of the Ordered IT Products, the CONTRACTOR shall, where such breach is capable of remedy, at its own expense use all reasonable endeavours to remedy the same as soon as is reasonably practicable.

Appears in 4 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement

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IT PRODUCTS. This Contract governs the overall relationship of the CONTRACTOR and the CUSTOMER with respect to the provision of the Ordered IT Products. The CUSTOMER has ordered the Ordered IT Products specified in Schedule 2-2 and the CONTRACTOR shall provide those Ordered IT Products: in accordance with the provisions of this Contract if those Ordered IT Products are to be sold by the CONTRACTOR and purchased by the CUSTOMER; and in accordance with the provisions of this Contract and any other terms and conditions as are agreed between the CUSTOMER and the CONTRACTOR and any third party (if any) if the Ordered Goods are to be leased, loaned or hired to the CUSTOMER. Where the CUSTOMER is entering into any other terms and conditions with any such third party, the CUSTOMER shall inform the CONTRACTOR of the terms and conditions of any such third party leasing, loan or hire purchase contract that it shall be expected to comply with and the CONTRACTOR shall ensure that no act or omission by itself, any CONTRACTOR Personnel or its Sub-Contractors in anyway invalidates or affects (including causing or likely to cause the CUSTOMER to breach) such terms and conditions. Nothing in this Contract shall create an exclusive relationship between the CONTRACTOR and the CUSTOMER for the provision of any or all IT Products. The CONTRACTOR shall provide the Ordered IT Products in accordance with: any agreed timetable and Implementation Plan; and the relevant Service Levels at all times throughout the Term of this Contract. [*** Any failure to meet any agreed timetable and Implementation Plan shall entitle the CUSTOMER to Liquidated Damages calculated in accordance with the provisions of Schedule 2-13. ***] Any failure to meet any Service Levels shall entitle the CUSTOMER to Service Credits calculated in accordance with the provisions of Schedule 2-2. In the provision of the Ordered IT Products, should the CONTRACTOR become aware of any breach in its provision or performance of the Ordered IT Products, the CONTRACTOR shall, where such breach is capable of remedy, at its own expense use all reasonable endeavours to remedy the same as soon as is reasonably practicable.

Appears in 2 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement

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IT PRODUCTS. This Contract governs the overall relationship of the CONTRACTOR and the CUSTOMER with respect to the provision of the Ordered IT Products. The CUSTOMER has ordered the Ordered IT Products specified in Schedule 2-2 and the CONTRACTOR shall provide those Ordered IT Products: in accordance with the provisions of this Contract if those Ordered IT Products are to be sold by the CONTRACTOR and purchased by the CUSTOMER; and in accordance with the provisions of this Contract and any other terms and conditions as are agreed between the CUSTOMER and the CONTRACTOR and any third party (if any) if the Ordered Goods are to be leased, loaned or hired to the CUSTOMER. Where the CUSTOMER is entering into any other terms and conditions with any such third party, the CUSTOMER shall inform the CONTRACTOR of the terms and conditions of any such third party leasing, loan or hire purchase contract that it shall be expected to comply with and the CONTRACTOR shall ensure that no act or omission by itself, any CONTRACTOR Personnel or its Sub-Contractors in anyway invalidates or affects (including causing or likely to cause the CUSTOMER to breach) such terms and conditions. Nothing in this Contract shall create an exclusive relationship between the CONTRACTOR and the CUSTOMER for the provision of any or all IT Products. The CONTRACTOR shall provide the Ordered IT Products in accordance with: any agreed timetable and Implementation Plan; and the relevant Service Levels at all times throughout the Term of this Contract. Any failure to meet any agreed timetable and Implementation Plan shall entitle the CUSTOMER to Liquidated Damages calculated in accordance with the provisions of Schedule 2-13. Any failure to meet any Service Levels shall entitle the CUSTOMER to Service Credits calculated in accordance with the provisions of Schedule 2-2. In the provision of the Ordered IT Products, should the CONTRACTOR become aware of any breach in its provision or performance of the Ordered IT Products, the CONTRACTOR shall, where such breach is capable of remedy, at its own expense use all reasonable endeavours to remedy the same as soon as is reasonably practicable.

Appears in 2 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement

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