Provision and Use of Services. 32.1 A Party may fulfill its obligations under this Agreement itself or may cause an Affiliate of the Party to take the action necessary to fulfill the Party’s obligations; provided that a Party’s use of an Affiliate to perform this Agreement shall not release the Party from any liability or duty to fulfill its obligations under this Agreement.
32.2 Except as otherwise expressly stated in this Agreement, each Party, at its own expense, shall be responsible for obtaining from governmental authorities, property owners, other Telecommunications Carriers, and any other persons or entities, all rights and privileges (including, but not limited to, Rights of Way, space and power), which are necessary for the Party to provide its services pursuant to this Agreement.
32.3 Except as otherwise provided in this Agreement, this Agreement does not prevent a purchasing Party from using the services provided by a providing Party pursuant to this Agreement in connection with other technically compatible services provided by the providing Party pursuant to this Agreement or with any services provided by the purchasing Party or a third party, provided, however, that unless otherwise provided herein, interconnection services, call transport and termination services, and unbundled Network Elements shall be available under the terms and conditions (including prices) set forth in this Agreement and shall be used by the purchasing Party solely for purposes consistent with obligations set forth in the Act and any rules, regulations or orders thereunder.
Provision and Use of Services. 5.1 the Services will be implemented by us as soon as reasonably practicable after the Date of Installation. The minimum period for providing the service is 12 months from the acceptance date subject to any rights we or you may have under this agreement concerning suspension or termination of the system or any service or facility provided under this agreement.
Provision and Use of Services. (a) For each Connection Point*, on and from the Start Date* and up to and including the End Date*, subject to and under this Contract*:
(i) Western Power* must provide the Services*, up to the Contracted Capacity*; and
(ii) the User* must pay the Charges* for, and may use, the Services*.
(b) The User* must not:
(i) transfer electricity out of the Network* at a Connection Point* unless it has an Exit Service* or Bidirectional Service* for that Connection Point*; and
(ii) transfer electricity into the Network* at a Connection Point* unless it has an Entry Service* or Bidirectional Service* for that Connection Point*.
(c) For each Service* at each Connection Point*, the User* must endeavour, as a Reasonable and Prudent Person*, to ensure that the rate at which electricity is transferred into or out of the Network* by or on behalf of the User* does not exceed the Contracted Capacity* for that Service*.
(d) Notwithstanding clause 3.1(a)(i), Western Power* may provide the User* with a Modified Service* for a Connection Point* stipulated in Part 4 of Schedule 3 (if any) until:
(i) the date set out in Part 4 of Schedule 3 for the Connection Point*; or
(ii) until the events or works (as applicable) set out in Part 4 of Schedule 3 for that Connection Point* are completed to Western Power*’s satisfaction (acting as a Reasonable and Prudent Person*), as applicable.
Provision and Use of Services. (a) For each Connection Point, on and from the Start Date and up to and including the End Date, subject to and under this Contract:
(i) Western Power must provide the Services, up to the Contracted Capacity; and
(ii) the User must pay the Charges for, and may use, the Services.
(b) The User must not:
(i) transfer electricity out of the Network at a Connection Point unless it has an Exit Service or Bidirectional Service for that Connection Point; and
(ii) transfer electricity into the Network at a Connection Point unless it has an Entry Service or Bidirectional Service for that Connection Point.
(c) For each Service at each Connection Point, the User must endeavour, as a Reasonable and Prudent Person, to ensure that the rate at which electricity is transferred into or out of the Network by or on behalf of the User does not exceed the Contracted Capacity for that Service.
(d) Western Power provides the Services under this Contract to the User and does not provide any such Services to the Indemnifier. Western Power’s sole liability in connection with the provision of the Services (including any failure of, or defect in provision of the Services) is to the User and Western Power has no liability of any nature to the Indemnifier in connection with the provision of the Services.
Provision and Use of Services. Subject in all respects to Section 3(a), during the Services Term Varitek will allow Licensee to use the Services, provided that such Services are available as excess and unused capacity services of the Base Station and that Licensee’s use of the Services shall not restrict, constrain, impair or otherwise interfere with Varitek’s use of the Base Station services. Without limiting the generality of the foregoing sentence:
(1) Licensee shall review, observe, and accommodate all projections, schedules, and reservations that Varitek delivers to Licensee with respect to Base Station services that Varitek intends to use;
(2) At all times when Licensee is using or desires to use the Services and regardless of any projections, schedules, and reservations for Base Station services delivered to Licensee by Varitek, Licensee shall monitor the capacity demands placed on the Base Station services by Varitek’s business and shall ensure, by limiting or terminating Licensee’s use of the Services at such times, that the combined demand of such services and the Services used by Licensee do not exceed the total capacity of the Base Station and do not impair the quality or quantity of Base Station services available to meet such demands of Varitek’s business.
Provision and Use of Services. (a) For each Connection Point*, on and from the Start Date* and up to and including the End Date*, subject to and under this Contract*:
(i) Western Power* must provide the Services*, up to the Contracted Capacity*; and
(ii) the User* must pay the Charges* for, and may use, the Services*.
(b) The User* must not:
(i) transfer electricity out of the Network* at a Connection Point* unless it has an Exit Service* or Bidirectional Service* for that Connection Point*; and
(ii) transfer electricity into the Network* at a Connection Point* unless it has an Entry Service* or Bidirectional Service* for that Connection Point*.
(c) For each Service* at each Connection Point*, the User* must endeavour, as a Reasonable and Prudent Person*, to ensure that the rate at which electricity is transferred into or out of the Network* by or on behalf of the User* does not exceed the Contracted Capacity* for that Service*.
Provision and Use of Services. This is a master agreement intended to cover one or more Schedules to be executed by the parties from time to time on or after the Effective Date. Each such fully executed Schedule shall be deemed incorporated in and become a part of this Agreement. Appendices to this agreement at the time of execution include:
Provision and Use of Services. (a) For each Connection Point, on and from the Start Date and up to and including the End Date, subject to and under this Contract:
(i) Western Power must provide the Services, up to the Contracted Capacity; and
(ii) the User must pay the Charges for, and may use, the Services.
(b) The User must not:
(i) transfer electricity out of the Network at a Connection Point unless it has an Exit Service or Bidirectional Service for that Connection Point; and
(ii) transfer electricity into the Network at a Connection Point unless it has an Entry Service or Bidirectional Service for that Connection Point.
(c) For each Service at each Connection Point which falls within a category referred to in clause 3.1(e), the User must endeavour, as a Reasonable and Prudent Person, to ensure that the rate at which electricity is transferred into or out of the Network by or on behalf of the User does not exceed the Contracted Capacity for that Service.
(d) For each Service at each Connection Point which does not fall within a category referred to in clause 3.1(e), the User must endeavour, as a Reasonable and Prudent Person, to ensure that the rate at which electricity is transferred into or out of the Network by or on behalf of the User does not exceed the Contracted Capacity for that Service.
(e) The relevant categories for the purpose of clause 3.1(c) are each of the following:
(i) any Service at a Connection Point where the User owns, operates or controls the Facilities and Equipment;
(ii) any Service at a Connection Point at which the User owns, operates or controls the Generating Plant; and
(iii) any Service at a Connection Point for which the User is required to nominate a Controller under clause 6.1.
(f) The User is not in breach of clause 3.1(c) where and to the extent a Generator exceeds the Contracted Capacity at a Connection Point in compliance with a direction given under the Market Rules or in compliance with any procedures published by Western Power from time to time authorising temporary exceeding of Contracted Capacity.
(g) The User is not in breach of clause 3.1(c) or clause 3.1(d) where and to the extent it exceeds the Contracted Capacity with the prior consent of Western Power.
(h) Western Power provides the Services under this Contract to the User and does not provide any such Services to the Indemnifier. Western Power’s sole liability in connection with the provision of the Services (including any failure of, or defect in provision of the Services) is to the U...
Provision and Use of Services. (a) You acknowledge and agree that the reliability, availability, and performance of any Service accessed through the internet or other services connected or linked to the Service are beyond our control and are not in any way warranted or supported by LSI or its third party licensor, lessor, provider, and/or supplier.
(b) If you are accessing and/or using any television service provided by LSI, you agree that the programming provided by LSI will be utilized solely for customer’s personal, non-commercial use and shall not be duplicated except as may be permitted by Applicable Law. You may not rebroadcast, retransmit, redistribute, perform, or charge admission to view or listen to any of the Services unless you obtain and pay for any applicable public performance licenses.
(c) You agree not to use any Service in any manner or purpose which violates any Applicable Law including, without limitation, any current or future laws applicable to the Services. You further agree not to use any Service to interfere with or disrupt any other users of the Service.
(d) You agree not to transmit or publish on or over the Service any information or other content that (1) violates, misappropriates, and/or infringes upon the rights of other person or entity, or could assist anyone in violating, misappropriating, or infringing upon the rights of any person or entity, or (2) could assist any person or entity in violating any existing laws, rules, and/or regulations. You further agree to comply with Applicable Law in connection with your access to and/or use of the Services and LSI Equipment and to cooperate with LSI and/or law enforcement personnel when requested.
(e) You acknowledge that you are accepting this Agreement on behalf of all persons who use any Service and/or LSI Equipment at the premises and that you shall have the responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable policies, including, but not limited to the Acceptable Use Policies listed below. You will take reasonable precautions to prevent others from gaining unauthorized access to the Services and/or LSI Equipment. Except as otherwise specified in this Agreement, you are responsible for any unauthorized use and for controlling access to the Services, LSI Equipment, Customer Equipment, and any licensed software.
(f) You may install wiring, such as additional cable wiring and outlets, inside your premises (“Customer Inside Wir...
Provision and Use of Services. 3.1.1 The Service Provider shall provide each Service to the Service Recipient from the applicable Service Commencement Date for the duration of the relevant Service Term.
3.1.2 Each Service other than an Additional Service shall be provided substantially with the same scope, in substantially the same manner and format and up to substantially the same volumes as the existing service was most recently provided during the twelve (12) months period prior to the Conversion Effective Date (“Reference Period”), subject to such amendments as are necessary to reflect that the Service Recipient no longer is an Affiliate of the Service Provider.
3.1.3 The Service Recipient shall exclusively use the Services for the continuation of the business conducted by it prior to the Conversion Effective Date (including any organic development of the business) and not for any other business or purpose. To the extent expressly provided in the relevant Service Description, the Service Recipient shall be entitled to request provision of the Services under the relevant Service Description to the Service Recipient and all of the Service Recipient’s subsidiaries at the Conversion Effective Date, in each case to the extent services similar to such Services were most recently provided to them prior to the Conversion A50902547/20.0/30 Nov 2023 Effective Date (“Affiliated Recipients”). The Affiliated Recipients shall not have any claims vis-à-vis the Service Provider.
