Provision of the Platform Sample Clauses

Provision of the Platform. Subject to the terms and conditions of this Agreement and payment in full of the applicable Fees, Pressbooks shall make the Platform available to Partner and its Users pursuant to this Agreement and the license granted in section 5.5 herein, according to the Service Level Agreement as outlined in Appendix A, and subject to any limitations as outlined in Appendix B. For the purposes of this Agreement, “Users” includes “Individual Users” (individuals granted access to use the Platform by Partner, who shall be restricted to Partner staff, faculty, and students) and (if applicable) “Institutional Users”, educational institutions who are granted access to use the Platform by payment of additional Fees by such Users to Pressbooks.
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Provision of the Platform. 1.1 With effect from [ ] (the “Commencement Date”), subject to the payment of the Fees by the Client to the Service Provider as set out in clause 3 below, the Service Provider shall, throughout the Term (defined below), make the Platform available to the Client. The Platform is provided on a non-exclusive basis. 1.2 The Service Provider shall provide the Platform with reasonable skill and care and in accordance with good industry practice, the service levels in Schedule 2, including making available Client data in whole or part to Client as set out in Schedule 2. 1.3 The Service Provider shall be responsible for ensuring that it complies with all applicable laws, including, (without limitation) any cybersecurity, data privacy and data protection law, statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Platform. 1.4 The Service Provider shall be responsible for securely storing all information that is transmitted internally, uploaded, saved, shared, transferred and sent by the Client and received from third parties within Platform (“Client Information”).
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Provision of the Platform. (s) 7.1 Cornerstones shall use its reasonable endeavours to make the Platform(s) available 24 hours a day, seven days a week, except for planned maintenance notified to the User Group in advance and unscheduled maintenance which Cornerstones shall use reasonable endeavours to give the User Group notice of in advance. 7.2 Cornerstones reserves the right at any time to make any modification, change or addition to, or replacement of, the Platform(s) where this is required to conform with any applicable statutory requirements. Cornerstones shall give the User Group as much notice as reasonably practicable of any proposed modification. 7.3 Cornerstones shall not be liable for any failure to provide the Platform(s) in accordance with this Agreement to the extent that such failure is caused directly or indirectly by the User Group’s negligence or breach of any term of this Agreement.
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Provision of the Platform. 2.1 Sponge shall provide the Platform and Platform Services (including the support services set out in Appendix 1 (Service Level Agreement)), from the relevant start date Platform, Platform Services and Documentation during the Licence Term solely for the Authorised Purpose.
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Provision of the Platform. Subject to the terms and conditions of this Agreement and solely to the extent permitted, Eitan Medical hereby grants You a limited, non-exclusive, non-transferable sub-license to access and use the Top-Level Portal and Sub-Portal(s).
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Provision of the Platform. 2.1 Subject to the terms and conditions of this Agreement and all Order Forms hereto, WolfePak grants to Customer and its End Users a limited, non-exclusive, non- transferable right to access and use the WolfePak Platform during the Subscription Term. Customer agrees that its purchase of the Subscription is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by WolfePak with respect to future functionality or features. Notwithstanding anything to the contrary in this Agreement (including in any Order Form), WolfePak may temporarily disable the WolfePak Platform or any part thereof if it reasonably believes that (i) there is a technical failure or malfunction within the WolfePak Platform or any part thereof, including a security breach; (ii) external events or circumstances are negatively affecting use of the WolfePak Platform, or any part thereof; and/or (iii) it reasonably believes that the continued use of the WolfePak Platform or any part thereof may violate an applicable law. 2.2 A Subscription relates solely to access the WolfePak Platform. Customer will not be provided any copies of any software or the WolfePak Platform. Customer, at its own expense, and each End User, as applicable, is responsible for procuring all services, desktop hardware, desktop software, and other technology (including, but not limited to, Internet access service, web browsers, e-mail clients, and the Microsoft Office suite) necessary to access the WolfePak Platform (“Access Systems”).
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Related to Provision of the Platform

  • The Platform THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender, the L/C Issuer or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrower, any Lender, the L/C Issuer or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages).

  • Trading Platform 22.5.1 Subject to clause 22.6 all warranties, express and implied, as to the description, quality, performance or fitness of the purposes for you of the Trading Platform or any component of such Trading Platform are disclaimed and excluded. 22.5.2 We do not warrant or forecast that the Trading Platform or any component of any Trading Platform or any services performed in respect of any such Trading Platform will meet the requirements of any user, or that the operation of the Trading Platform will be uninterrupted or error-free, or that any services performed in respect of the Trading Platform will be uninterrupted or error-free.

  • Escrow Agent Not Responsible for Genuineness The Escrow Agent will not be responsible or liable in any manner whatever for the sufficiency, correctness, genuineness or validity of any escrow security deposited with it.

  • Provision of the Services The Supplier acknowledges and agrees that the Customer relies on the skill and judgment of the Supplier in the provision of the Services and the performance of its obligations under this Call Off Contract. The Supplier shall ensure that the Services: comply in all respects with any description of the Services in Call Off Schedule 2 (Services) or elsewhere in this Call Off Contract; and are supplied in accordance with the provisions of this Call Off Contract or the Tender. The Supplier shall perform its obligations under this Call Off Contract in accordance with: all applicable Law; Good Industry Practice; the Standards; the Security Policy; the ICT Policy (if so required by the Customer); the Supplier's own established procedures and practices to the extent the same do not conflict with the requirements of Clauses 7.1.3(a) to 7.1.3(e) and, where necessary the provisions of xxxxx://xxx.xxx.xx/government/publications/cyber-essentials-scheme-overview, or equivalent. The Supplier shall: at all times allocate sufficient resources with the appropriate technical expertise to supply the Deliverables and to provide the Services in accordance with this Call Off Contract; subject to Clause 22.1 (Variation Procedure), obtain, and maintain throughout the duration of this Call Off Contract, all the consents, approvals, licences and permissions (statutory, regulatory contractual or otherwise) it may require and which are necessary for the provision of the Services; ensure that any products or services recommended or otherwise specified by the Supplier for use by the Customer in conjunction with the Deliverables and/or the Services shall enable the Deliverables and/or the Services to meet the requirements of the Customer; ensure that the Supplier Assets will be free of all encumbrances (except as agreed in writing with the Customer); and ensure that the Services are fully compatible with any Customer Property or Customer Assets described in Part B of Call Off Schedule 4 (Implementation Plan, Customer Responsibilities and Key Personnel) (or elsewhere in this Call Off Contract) or otherwise used by the Supplier in connection with this Call Off Contract; minimise any disruption to the Sites and/or the Customer's operations when providing the Services; ensure that any Documentation and training provided by the Supplier to the Customer are comprehensive, accurate and prepared in accordance with Good Industry Practice; co-operate with the Other Suppliers and provide reasonable information (including any Documentation), advice and assistance in connection with the Services to any Other Supplier and, on the Call Off Expiry Date for any reason, to enable the timely transition of the supply of the Services (or any of them) to the Customer and/or to any Replacement Supplier; assign to the Customer, or if it is unable to do so, shall (to the extent it is legally able to do so) hold on trust for the sole benefit of the Customer, all warranties and indemnities provided by third parties or any Sub-Contractor in respect of any Deliverables and/or the Services. Where any such warranties are held on trust, the Supplier shall enforce such warranties in accordance with any reasonable directions that the Customer may notify from time to time to the Supplier; provide the Customer with such assistance as the Customer may reasonably require during the Call Off Contract Period in respect of the supply of the Services; deliver the Services in a proportionate and efficient manner; ensure that neither it, nor any of its Affiliates, embarrasses the Customer or otherwise brings the Customer into disrepute by engaging in any act or omission which is reasonably likely to diminish the trust that the public places in the Customer, regardless of whether or not such act or omission is related to the Supplier’s obligations under this Call Off Contract; and gather, collate and provide such information and co-operation as the Customer may reasonably request for the purposes of ascertaining the Supplier’s compliance with its obligations under this Call Off Contract. An obligation on the Supplier to do, or to refrain from doing, any act or thing shall include an obligation upon the Supplier to procure that all Sub-Contractors and Supplier Personnel also do, or refrain from doing, such act or thing.

  • Provision of the Service Okta provides the Service to Customer under the Agreement. In connection with the Service, the parties anticipate that Okta may Process Customer Data that contains Personal Data relating to Data Subjects.

  • Completeness This Grant Contract is complete and contains the entire understanding between the parties relating to the subject matter contained herein, including all the terms and conditions of the parties’ agreement. This Grant Contract supersedes any and all prior understandings, representations, negotiations, and agreements between the parties relating hereto, whether written or oral.

  • No Warranties or Liability Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, acknowledges and agrees that neither any Senior Representative nor any other Senior Secured Party has made any express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectibility or enforceability of any of the Senior Debt Documents, the ownership of any Shared Collateral or the perfection or priority of any Liens thereon. The Senior Secured Parties will be entitled to manage and supervise their respective loans and extensions of credit under the Senior Debt Documents in accordance with law and as they may otherwise, in their sole discretion, deem appropriate, and the Senior Secured Parties may manage their loans and extensions of credit without regard to any rights or interests that the Second Priority Representatives and the Second Priority Debt Parties have in the Shared Collateral or otherwise, except as otherwise provided in this Agreement. Neither any Senior Representative nor any other Senior Secured Party shall have any duty to any Second Priority Representative or Second Priority Debt Party to act or refrain from acting in a manner that allows, or results in, the occurrence or continuance of an event of default or default under any agreement with the Company or any Subsidiary (including the Second Priority Debt Documents), regardless of any knowledge thereof that they may have or be charged with. Except as expressly set forth in this Agreement, the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties have not otherwise made to each other, nor do they hereby make to each other, any warranties, express or implied, nor do they assume any liability to each other with respect to (a) the enforceability, validity, value or collectibility of any of the Senior Obligations, the Second Priority Debt Obligations or any guarantee or security which may have been granted to any of them in connection therewith, (b) any Grantor’s title to or right to transfer any of the Shared Collateral or (c) any other matter except as expressly set forth in this Agreement.

  • No Warranty In executing and delivering this Lease, Tenant has not relied on any representations, including, but not limited to, any representation as to the amount of any item comprising Additional Rent or the amount of the Additional Rent in the aggregate or that Landlord is furnishing the same services to other tenants, at all, on the same level or on the same basis, or any warranty or any statement of Landlord which is not set forth herein or in one or more of the exhibits attached hereto.

  • Delays or Omissions No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

  • COMMUNICATION AND SERVICE OF DOCUMENTS 14.1 Sending communication to you 14.2 When communication deemed to be received by you

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