Prerequisites for Use, delivery of Software Sample Clauses

Prerequisites for Use, delivery of Software. In order to Use the On-Premise Software certain requirements must be met by the hardware used by the Client. The Client shall be re- sponsible for sufficient server hardware and, if applicable, system software. NTT DATA can provide release-dependent minimum require- ments upon request by the Client. NTT DATA reserves the right to adapt these requirements. Delivery shall occur, at NTT DATA's option, by (i) NTT DATA making the Licensed Software available to Client for download; (ii) in the case of NDBS Software, by making it available to Client by means of access to the relevant system (Electronic Delivery); or (iii) by ship- ping the Licensed Software on DVD or other data carriers to the agreed delivery address (Physical Delivery). In the case of Physical De- livery, the time at which NTT DATA hands over the Licensed Software to the data carrier shall be decisive for compliance with delivery dates and the passing of risk. In the case of Electronic Delivery, the time at which the Licensed Software is made available for download, and this is communicated to Client (download letter) and delivery shall be deemed to have taken place upon notification to Client that the Licensed Software is available for download. If the Client does not accept the Licensed Software on the agreed date, NTT DATA may – without prejudice to its statutory rights arising from default – withdraw from the Agreement and demand liquidated damages (due immediately in one sum in lieu of performance) in the amount of twenty-five percent (25%) of the total remuneration accruing up to the date on which the Client could have terminated the Agreement as well as compensation for services already rendered. The amount shall be set higher or lower if NTT DATA demonstrates to the Client that NTT DATA has incurred a higher or lower damage. NTT DATA is entitled to exercise other claims owing to late payments.
Sample 1
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Related to Prerequisites for Use, delivery of Software

  • Deliverables Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the State for review and acceptance.

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  • Termination for Convenience TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

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  • Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.

  • Access Registry Operator will have the file(s) ready for download as of 00:00:00 UTC on the day designated for retrieval by ICANN. The file(s) will be made available for download by SFTP, though ICANN may request other means in the future.

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