Performance Exclusions. 7.1 SONIFI’s obligations under this SONIFI Limited Warranty with respect to Licenced Software, Equipment purchased from an Approved Third-Party Financing Company, if any, and Equipment SONIFI has sold to Company or installed at the Premises, including Covered Equipment, shall not apply to: (i) products and services purchased or licenced from or provided by third parties and equipment, hardware or software purchased or licenced from or installed by any person or entity other than SONIFI (except for Equipment purchased from the Approved Third-Party Financing Company), such as televisions, set-top boxes and set-back devices; (ii) misuse; (iii) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (iv) adjustments made by Company or a third party without SONIFI’s authorization; (v) limitations of technology; (vi) modification of any part of the Equipment or Licenced Software by Company, the Premises and their respective owners, directors, partners, members, officers, employees, contractors, agents and guests; (vii) cosmetic damage; (viii) use or installation inconsistent with SONIFI documentation and instruction; (ix) use of parts or peripherals not recommended or approved by SONIFI; (x) damage caused by servicing not authorized by SONIFI; (xi) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware or cancelbots; (xii) cable cuts caused by third parties, the Company and/or its directors, officers, employees, agents, contractors, affiliates or guests; (xiii) changes in Company equipment at the Premises, such as televisions or the property management system; (xiv) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (xv) firmware updates for Internet routers, wireless access points, televisions, set-top boxes and set-back devices; (xvi) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (xvii) repair and programming of remote controls, including without limitation, battery replacement; (xviii) changes to Company’s or the Premises’ name and any and all changes to Company’s Internet service and/or Internet circuit provider(s); (xix) failure of Company directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel...
Performance Exclusions. (a) Unless specifically authorized by ICANN in writing, Contractor shall not make modifications, additions or deletions to the root zone file or associated information.
Performance Exclusions. (a) Contractor is not authorized to perform the services performed by the root zone maintainer, as such services are contemplated by the RZMA, unless authorized by ICANN.
Performance Exclusions. 6.1 Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Headend Equipment and In-Room Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the Agreement or on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and SONIFI or manufacturer instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses,...
Performance Exclusions. (a) If performance of any effort requires the Seller to supply technical support for systems or projects with which the Seller is already directly concerned, either by prime or subcontract, with either another firm, the Government or Northrop Grumman, including, and particularly, the cognizant DoD Program or Project Manager, the Seller shall so immediately inform the Buyer. The specific effort may be withdrawn in writing at the discretion of the Buyer without recourse by the Seller. Such withdrawal shall be final and not subject to the “Disputes” clause of any resulting order.
Performance Exclusions. The parties recognize that continuing to be competitive in performance, delivery, quality and technology is essential for this long-term association to exist. If Purchaser reasonably demonstrates to Seller that a particular Product is not a competitive value in performance, delivery, technology, order flexibility and/or quality with other equivalent parts of equivalent value, usage or availability in the world, then Seller agrees to provide an action plan and timetable [***] to make such Product competitive. If the plan fails to make the Product competitive, Purchaser may serve notice that the non-competitive Product is considered out of scope and shall therefore be a candidate for re-sourcing. Purchaser agrees that prior to exercising its option, it will consider, in good faith, any proposal by Seller to make the Product competitive. If Seller is not competitive on this new business, Purchaser shall ensure Seller is given an opportunity to close the competitive gap prior to making an award decision. Portions of this exhibit were omitted and filed separately with the Secretary of the Securities and Exchange Commission pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such portions are marked by [***].
