MISCELLANEOUS TERMS & CONDITIONS a) You certify that you are a PartnerWorld member in good standing, and agree to maintain such status for the term of this Transaction Document.
b) Any information exchanged under this Agreement that is identified as confidential by either party will be governed by the confidentiality terms of the PartnerWorld Agreement.
d) IBM reserves the right to change the part numbers and/or pricing metrics for the Programs and/or Subscription and Support listed in Section 1, upon written notice to you. Changes to either part numbers or pricing metrics will not cause a change in the effective prices for either Programs or Subscription and Support.
f) If IBM announces a general SRP price increase for the Programs and/or Subscription and Support listed in Section 1, IBM reserves the right to pass the price increase(s) to you with 30 days written notice. The price increase(s) will be effective on the annual anniversaries of the effective date of the Transaction Document, are not retroactive, and will not exceed *** per year.
g) IBM provides a License Information Document (“LI”) for each Program. You must ensure that your Customers are bound by the terms in the LI and all licensing files, including NOTICES files, which accompany or are included in the Program. You agree to be bound by such terms when you use the Programs as authorized under this Agreement. Notwithstanding the above, terms in the LI referencing the IBM International Program License Agreement (IPLA) do not apply and terms in the LI referencing pricing metrics do not apply to the extent they conflict with this Agreement.
h) If a Program contains third party code that is provided under a third-party license agreement, then the terms and conditions of the third party license agreement apply to such code. Except in the copying and distribution of the Programs, you may not use third parties’ names or trademarks, including in connection with the marketing of the Value Add Component or Solution, without the Third Parties’ prior written consent.
i) The license granted for the Programs is a “restricted license” which means the Programs may only be used in conjunction with the Value-Add Components as part of the Solution.
j) Each party agrees to comply with all applicable export and import laws and regulations, U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users. Programs may contain cryptography subject to the U.S. Export Administration Regulations (EAR). Transf...
MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada.
9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified by
9.3 Unless otherwise modified by written amendment, agreed to, and fully modified agreed to between the Owner and Architect, the Owner and Architect waive all rights against each other, the GC, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement.
9.3.1 The Owner and Architect each shall require similar waivers from the GC, subconsultants, agents and/or employees of the other.
9.4 Except as specifically provided for in this Agreement, the Architect and Owner waive consequential (special) damages for claims, disputes, and/or other legal matters in question arising out of and/or relating to this Agreement.
9.4.1 Consequential (special) damages include, but are not limited to: damages related to third-party claims; attorneys’ fees; loss of profit; loss of use; loss of goodwill; loss of business, income, and/or reputation; and/or any other consequential (special) damages that either party may have incurred from any cause of action including negligence, strict liability, breach of agreement, and breach of strict and/or implied warranty.
9.5 The Owner and Architect, respectively bind themselves, their partners, successors, assignees, and legal representatives to the other party to this Agreement and to the partners, successors, assignees, and legal representatives of each other with respect to all covenants of this Agreement.
9.5.1 Neither Owner nor Architect shall assign this Agreement without the written, agreed to, and fully executed consent of the other.
9.6 This Agreement represents the entire and integrated Agreement between the Owner and Architect and supersedes all prior negotiations, representations, and/or agreements, either written and/or oral between the Owner and Architect.
9.7 This Agreement may be modified only...
MISCELLANEOUS TERMS & CONDITIONS. Sections 6(e) and 6(f) in TD02 are hereby deleted in their entirety.
MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada.
9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect/Engineer.
9.3 Unless otherwise modified by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect/Engineer, the Owner and Architect/Engineer waive all rights against each other, the GC, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement.
MISCELLANEOUS TERMS & CONDITIONS. A. Promise to Carry Insurance
1) TPC agrees to carry (at minimum) the following insurance coverage to protect itself, the District, and the athletes. • Required Insurance: ▪ Commercial General Liability Insurance • $1,000,000 per occurrence/ $2,000,000 aggregate, with coverage for sexual misconduct
B. Marketing & Advertising Rights
1) The District grants TPC the right to use the name and service marks of the District in its marketing materials or other oral, electronic, or written promotions, which shall include naming Hayfield Community Schools as a client of The Performance Center and a brief scope of services provided. In addition, TPC has the right to display Hayfield Community Schools’ logo (or other identifying information) on its website, social media accounts, or similar means of marketing. Any use of the Hayfield Schools logo must be approved by the Activities Director prior to use. Either party may elect to issue a press release related to this Agreement. In doing so, any release shall be approved by the other party and such approval shall not be unreasonably withheld.
2) The District agrees to allow TPC to use the Name, Image, and Likeness of Hayfield School athletes in accordance with Minnesota State NIL laws and MSHSL rules (Chapter 135A).
MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada.
9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified by
9.3 Unless otherwise modified by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect/Engineer, the Owner and Architect/Engineer waive all rights against each other, the GC, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement.
MISCELLANEOUS TERMS & CONDITIONS a) Price includes license only and level 3 support only.
b) No product returns are allowed.
c) The license granted to you is a "Restricted License" for the products listed above which means they can only be used in conjunction with your product as listed in Section 2 above.
d) Upgrade Protection is included for all Programs.
e) Vastera will be included in the WebSphere MP-UX beta program and provided standard technical support associated with the beta program. On-site support may be provided as mutually agreed.
f) The Secureway LDAP Directory includes a restricted use D82 license for use only with the LDAP Directory. There is not support planned for Oracle or SQL Server by the LDAP Directory.
g) Vastera may use up to twelve licenses of each product listed in item #1 above for development and testing purposes only, on any supported platform, at no additional cost.
h) The quantity of MQSeries Capacity Units which must be purchased for each system is as follows: For Intel, OEM must purchase (2) capacity units for each Intel license. For Unix, OEM must purchase four (4) capacity units for each Unix license. For Digital, OEM must purchase (4) capactiy units for each Digital license. For AS/400, OEM must purchase (2) capacity units for each AS/400.
MISCELLANEOUS TERMS & CONDITIONS a) Price includes Golden Master/license, soft copy documentation, Levex 0 support and support training, including IBM participation at ConvxxxXx.xxx xxxdshow events up to ten (10) days. ConvxxxXx.xxx xxxll pay for all travel expenses incurred by IBM at such events.
b) Price excludes documentation, microphone, additional media and levels 1 & 2 support.
c) No product returns are allowed.
d) ConvxxxXx.xxx xxxl pay shipping and freight charges.
e) ConvxxxXx.xxx xxxl attribute IBM Technology in packaging and advertising via print, radio, T.V., etc. as mutually agreed upon in writing.
f) Subject to IBM's prior written approval, such approval not to be unreasonably withheld or delayed, ConvxxxXx.xxx xxxll be allowed to issue a press release referencing this Agreement between IBM and ConvxxxXx.xxx. Xx addition, IBM shall use commercially reasonable efforts to provide a quote from a senior Speech executive within ten (10) business days of receiving the press release from ConvxxxXx.xxx.
g) ConvxxxXx.xxx xxxl receive Updates on the runtime, as they are made available, at no charge, during the terms of this Agreement.
MISCELLANEOUS TERMS & CONDITIONS. Terms and Conditions: (a) if there is an Agent involved in this transaction, Agent hereby discloses to Tenant that Agent is acting for and represents Landlord.
MISCELLANEOUS TERMS & CONDITIONS
