Legacy Equipment Sample Clauses

Legacy Equipment i) Upon request from the Purchasing Entity, Awarded Vendor(s) may provide Maintenance Agreements on any Equipment that is owned or was leased or rented through Master Agreement (3091), or via any other means, providing the following conditions are met: 1) The Device has not reached the end of its Useful Life; 2) The maximum term of the Maintenance Agreement does not exceed the Useful Life of the Device, unless otherwise specified in a Participating Addendum; and 3) The Maintenance Agreement adheres to the same requirements as outlined in 4.5.2(d) and 4.5.2(e). ii) Devices that were previously serviced by another Dealer or Manufacturer must be inspected and repaired, if necessary. Upon mutual agreement, Awarded Vendor may charge Purchasing Entity for any parts and/or labor required to bring the Device up to acceptable maintenance levels. iii) If the Device has been at the Purchasing Entity’s location for less than five (5) years, then Maintenance Agreement pricing shall not exceed the new Master Agreement pricing, until the Purchasing Entity reaches the five (5) year mark. Refer to 4.5.2(f)(iv) below for additional information. iv) If the Device has been at the Purchasing Entity’s location for more than five (5) years, then Maintenance Agreement pricing shall not exceed 107% of the Service and Supply pricing in the new Master Agreement for years 5 through 7, and 110% for years 8 and beyond. The Service and Supply pricing that will be used for this calculation will be based on the following: 1) The Group and Segment to which the Device is categorized; and 2) The Service and Supply pricing for that Group and Segment, as listed under Newly Manufactured Equipment in the new Master Agreement. For example: ▪ A customer entered into a 60 month lease for a Group A, Segment 4 Device under Master Agreement (3091), and that lease expires in March 2021. Since by March 2021, the new Master Agreement will be in effect, renewal pricing will be subject to the new Master Agreement pricing. Therefore, if the customer now wants to enter into a 12 month Renewal Term, then the Service and Supply pricing will be based upon the pricing for Group A, Segment 4 for Newly Manufactured Equipment, and the Awarded Vendor will have the option to increase that pricing by 7%. ▪ Using the same example as above, if the customer instead wants to enter into a 36 month Renewal Term, then the Service and Supply pricing may be increased by 7% for years 6 and 7, and then by 10% for year eight (8).
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Legacy Equipment. Notwithstanding any provision of the Agreement to which this Exhibit D is attached (including without limitation this Exhibit D) to the contrary, Licensor expressly acknowledges and agrees that certain DISH STBs deployed prior to the Effective Date are not capable of complying with and/or adhering to certain of these Content Protection Requirements and are therefore excluded from those Content Protection Requirements which such STBs are incapable of complying with and/or adhering to, and further acknowledges and agrees that if Licensor requires use of an APS solution on applicable analog outputs of Approved Devices, then the Approved Devices that are not equipped to implement such analog protection technology shall be excluded from those provisions of this Exhibit D concerning the requirements of an APS solution; provided, that such exclusions (inclusive of APS solution) shall not exceed: (i) 7,420,000 STBs without an APS solution; (ii) 320,000 Model 6000 and Model 811 (Non-DVR HDTV) without HD CGMS-A; (iii) 27,500 Model 721 and 921 without CGMS-A and/or that cannot adhere to expiration clocks and/or do not encrypt all audio tracks; (iv) 22,000 IRR and DISHPlayer receivers that cannot adhere to various DRM Requirements including expiration clocks; and (v) 30,000 ‘first-generation’ PocketDISH Devices ((i)- (v) collectively, “Legacy Hardware”).

Related to Legacy Equipment

  • Safety Equipment Should the employment duties of an employee in the bargaining unit require use of any equipment or gear to insure the safety of the employee or others, the District agrees to furnish such equipment or gear.

  • Mandatory equipment (a) All Employees engaged to work on site will be supplied with safety footwear and safety helmets appropriate to the work that they perform before commencing work on a project. The safety footwear will be of an equivalent standard to those made by: (i) Steel Blue; (ii) Xxxxxx; and (iii) Mongrel Boots. (b) These items must be worn at all times as instructed during the site induction process. (c) Helmets must not be painted, drilled or modified in any way. Damaged and/or worn footwear and helmets will be replaced on demand.

  • Computer Equipment No computers and/or personal electronic devices, such as tablets and laptop computers, or any component thereof, may be purchased with funds provided under this Contract, regardless of purchase price, without prior written approval of ADMINISTRATOR. Any such purchase shall be in accordance with specifications provided by ADMINISTRATOR, be subject to the same inventory control conditions specified above in Subparagraphs 18.1.1 to 18.1.4, and, at the sole discretion of ADMINISTRATOR, become the property of COUNTY upon termination of this Contract.

  • Equipment Use Lessee agrees that the Equipment will be operated by competent, qualified personnel in connection with Lessee's business for the purpose for which the Equipment was designed and in accordance with applicable operating instructions, laws, and government regulations, and that Lessee shall use all reasonable precautions to prevent loss or damage to the Equipment from fire and other hazards. Lessee shall procure and maintain in effect all orders, licenses, certificates, permits, approvals, and consents required by federal, state, or local laws or by any governmental body, agency, or authority in connection with the delivery, installation, use, and operation of the Equipment.

  • Life support equipment (a) If a person living or intending to live at your premises requires life support equipment, you must: (i) register the premises with your retailer or with us; and (ii) provide medical confirmation for the premises. (b) Subject to satisfying the requirements in the Rules, your premises may cease to be registered as having life support equipment if medical confirmation is not provided to us or your retailer.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

  • FIRE AND CASUALTY DAMAGE If the Premises are so injured or damaged by fire or other cause as to be uninhabitable for more than 120 days, then the Tenant may terminate this Lease upon written notice to the Landlord. A total destruction of the Premises shall automatically terminate this Lease. If this Lease is not so terminated, then the Landlord shall diligently restore the damaged Premises at its sole cost and expense as soon as is reasonably practical, but in all events less than 120 days from the date of such damage or casualty, and if the Landlord fails to do so, then the Tenant may terminate this Lease by delivering written notice to the Landlord. The Tenant will be entitled to an abatement of Rent for the period of time that all or any portion of the Premises are not useable for the Tenant’s business due to such casualty based on the portion of the Premises that the Tenant is unable to use. If any such damage occurs before closing but after the Tenant has exercised its Option to Purchase, then the Tenant may, within 30 days after the date of such damage, by delivery of written notice to the Landlord, cancel and rescind the Tenant’s exercise of the Option to Purchase. Each of the Landlord and the Tenant hereby releases the other (and the other’s employees, officers, shareholders, directors, and members) from any and all liability or responsibility to the other or any claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any other perils which may be insurable in policies of insurance covering such property and required to be carried within this Lease, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Each party shall cause its insurance policies to contain a clause or endorsement to the effect that such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder and to the effect that such insurer waives its rights of subrogation as to such released or waived claim.

  • Furniture and Equipment and Certain Other Equipment The Receiver hereby grants to the Assuming Bank an option to purchase all Furniture and Equipment or any telecommunications, data processing equipment (including hardware and software) and check processing and similar operating equipment owned by the Failed Bank at Fair Market Value and located at any leased Bank Premises that the Assuming Bank elects to vacate or which it could have, but did not occupy, pursuant to this Section 4.6; provided, that, the Assuming Bank shall give the Receiver notice of its election to purchase such property at the time it gives notice of its intention to vacate such Bank Premises or within ten (10) days after Bank Closing for Bank Premises it could have, but did not, occupy.

  • Special Equipment The Employer agrees to provide specialty tools, emergency supplies/equipment, testing equipment and safety equipment as needed to perform required duties as determined and authorized by the Chief or designee. The emergency supplies/equipment will include appropriate survival provisions and equipment for each permanent Maintenance Mechanic 4 and the Law Enforcement Communications Systems Supervisor when they are performing duties that would require such provisions and equipment. When necessary, the employer will replenish used or expired survival provisions and damaged and unusable equipment. All supplies and equipment will be returned to the employer when the employee is no longer performing the duties that would require the survival provisions and/or equipment.

  • Watercraft Liability 1. Coverages E and F do not apply to any "water- craft liability" if, at the time of an "occurrence", the involved watercraft is being: a. Operated in, or practicing for, any prear- ranged or organized race, speed contest or other competition. This exclusion does not apply to a sailing vessel or a predicted log cruise; b. Rented to others; c. Used to carry persons or cargo for a charge; or d. Used for any "business" purpose. 2. If Exclusion B.1. does not apply, there is still no coverage for "watercraft liability" unless, at the time of the "occurrence", the watercraft: a. Is stored; b. Is a sailing vessel, with or without auxiliary power, that is: (1) Less than 26 feet in overall length; or (2) 26 feet or more in overall length and not owned by or rented to an "insured"; or c. Is not a sailing vessel and is powered by: (1) An inboard or inboard-outdrive engine or motor, including those that power a wa- ter jet pump, of: (a) 50 horsepower or less and not owned by an "insured"; or (b) More than 50 horsepower and not owned by or rented to an "insured"; or (2) One or more outboard engines or mo- tors with: (a) 25 total horsepower or less; (b) More than 25 horsepower if the outboard engine or motor is not owned by an "insured"; (c) More than 25 horsepower if the outboard engine or motor is owned by an "insured" who acquired it dur- ing the policy period; or (d) More than 25 horsepower if the outboard engine or motor is owned by an "insured" who acquired it be- fore the policy period, but only if: (i) You declare them at policy incep- tion; or (ii) Your intent to insure them is reported to us in writing within 45 days after you acquire them.

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