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. 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.
Sample 1
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.
Sample 1
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”).
Sample 1
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).
Sample 1

Related to Provision of the Platform

  • 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.

  • 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 Warranty APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

  • 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.

  • Errors/Omissions The Engineer shall make revisions to the work authorized in this contract which are necessary to correct errors or omissions appearing therein, when required to do so by the State. No additional compensation shall be paid for this work.

  • Platform (a) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on the Platform. (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. 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 Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

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