PERFORMANCE AND TARGET RESOLUTION Sample Clauses

PERFORMANCE AND TARGET RESOLUTION. 6.1 The MSM Supplier shall not be responsible for failure to perform nor to achieve Target Resolution time where the Customer does not comply with its responsibilities under the Software Implementation Agreement and in particular under Clause 3 and specifically resulting from: 6.1.1 the Customer’s unreasonable refusal or failure to carry out remedial or scheduled action previously recommended by the MSM Supplier in response to a software incident. 6.1.2 use of the Software by the Customer at a release level that is not in accordance with the Support policy described in Clause 8. 6.1.3 modifications, alterations or use that is not in accordance with the Software Licence granted.
Sample 1
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Related to PERFORMANCE AND TARGET RESOLUTION

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • NOW, THEREFORE the parties hereto agree as follows:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

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