Provider’s responsibility. 17.1 The Provider is fully responsible for the performance of the Services and for ensuring compliance with the requirements of this Agreement, notwithstanding any other matter or arrangement, including: Subcontracting of the Services; any obligation that a Subcontractor comply with the Department’s requirements in relation to using the Department’s IT Systems in performing Services under its Subcontract; access rights specified in, or any action taken under, clause 47 [Access to premises and records]; involvement by the Department in the performance of the Services; or payment made to the Provider on account of the Services.
Provider’s responsibility. PROVIDER hereby agrees that the work to be performed under this Agreement will be performed entirely at PROVIDER’s risk, and that PROVIDER assumes all responsibility for its obligations under this Agreement. PROVIDER will solely be entirely responsible for its acts and those of personnel it provides during the performance of this Agreement.
Provider’s responsibility. This services agreement is for the equipment being maintained as listed in Schedule A attached and as per the terms and conditions of DIR Contract No. DIR-TSO- 2658 and this agreement. Provider shall, during the term of this agreement, furnish all parts, material and labor to maintain the equipment covered under this agreement in accordance with the manufacturer’s specifications unless the malfunction was the result of an Excluded Cause as defined in Section 1 of this agreement. Provider will dispatch service personnel to Customer’s premise to perform necessary repairs, unless Provider is able to perform the repairs from a remote location. Provider shall conduct remote diagnostics testing, when applicable. For the term of this agreement, and subject to the conditions therein, Provider shall maintain the equipment in good working order including the furnishing of all labor and materials with respect hereto. RESPONSE TIME: When on-site repairs are necessary for routine maintenance, Provider shall use its best efforts to respond the next business day following receipt of Customer’s service request, when logged into our Dispatch Center. For Service Emergencies, as defined below, Provider will respond within four (4) hours on a 24 X 7 basis. For Adds, Moves or Changes, which are not covered under the agreement, Provider shall use its best efforts to respond within five (5) business days. Service Emergency is defined as: The answering position console cannot make outgoing or receive incoming calls. A minimum of 20% of all telephone or data ports, covered under this agreement, cannot make or receive calls/data. A majority of any trunk group is inoperative. The voice mail system is inoperative. If it is determined that the Service Emergency was due to an Excluded Cause, as defined in Section 1, Customer will be billed at Provider’s standard Time and Material rate.
Provider’s responsibility. Provider will (i) cause all Provider Personnel to comply with Provider’s obligations under this Agreement, (ii) be responsible and liable for the acts and omissions of Provider Personnel, including acts and omissions constituting negligence, willful misconduct and/or fraud, and (iii) pay all costs associated with enforcing [*****] rights under this Agreement against Provider Personnel arising from the conduct of Provider Personnel ultimately determined to be wrongful or noncompliant. Provider has the sole obligation to supervise, manage, contract, direct, procure, perform or cause to be performed, all work to be performed by Provider or Provider Personnel under this Agreement. [*****] has neither the right, power, authority or duty to supervise or direct the activities of the Provider Personnel or to compensate such Provider Personnel for any work performed by them pursuant to this Agreement. Provider shall be solely responsible for the payment of compensation (including provision for employment taxes, federal, state and local income taxes, workers compensation and any similar taxes) associated with the employment of, or contracting with, Provider Personnel.
Provider’s responsibility. Notwithstanding any provision to the contrary, Contractor shall make best efforts to: (a) include Provider Terms in all in-network Provider contracts negotiated after the effective date of this Agreement; (b) promptly obtain a contract that includes Provider Terms with any in-network Provider that Enterprise Services or any Purchaser identifies to Contractor;
Provider’s responsibility. PROVIDER shall be responsible for protecting LEHIGH'S equipment and property from any damage arising from or in any way related to the Services, including, but not limited to, from dirt, over-application of materials, and other by‑products of the Services.
