Relationship/Subcontractors. (a) This Agreement shall not be construed as:
Relationship/Subcontractors. The relationship between JDSU and Supplier is intended to be and shall be that of buyer and supplier. A party and its employees, agents and representatives shall under no circumstances be considered agents, partners, and parties to a joint venture or representatives of the other party. Neither party shall act or attempt to act, or represent itself, directly or by implication as agent, party to a joint venture with the other party, partner or representative of the other, or in any manner assume or attempt to assume or create any obligation or liability of any kind, express or implied, on behalf of, or in the name of, the other. Supplier shall be responsible to JDSU for all work performed by Supplier’s subcontractor(s), if Supplier’s use of subcontractors is permitted by JDSU.
Relationship/Subcontractors. The relationship between Hypercom and Venture is intended to be and shall be that of buyer and seller. A party and its employees, agents and representatives shall under no circumstances be considered agents, partners, and parties to a joint venture or representatives of the other party. Neither party shall [****] Confidential Treatment Requested act or attempt to act, or represent itself, directly or by implication as agent, party to a joint venture with the other party, partner or representative of the other, or in any manner assume or attempt to assume or create any obligation or liability of any kind, express or implied, on behalf of, or in the name of, the other. Venture shall be responsible to Hypercom for all work performed, and acts or omissions, by Venture’s subcontractor(s), if Venture’s use of subcontractors is permitted by Hypercom.
Relationship/Subcontractors. 110 13.13 Severability.................................................... 111 13.14 Survival........................................................ 111 13.15 Third Party Beneficiaries....................................... 111 13.16 Waiver.......................................................... 111 13.17 Captions; Section Numbers....................................... 111 13.18 Counterparts.................................................... 112 13.19 Entire Agreement................................................ 112 13.20 Order of Precedence............................................. 112 -xii- LIST OF EXHIBITS AND SCHEDULES SCHEDULE TITLE ----------- ---------------------------------------------------- Schedule A Customized Product Functionality, Implementation and Conversion Roles and Responsibilities Schedule B Roles and Responsibilities Schedule C Creditable Performance Specifications (CPSs) Schedule D Charges Schedule E Data Centers Schedule F Steering Committee Schedule G Key Personnel and Program Manager Schedule H Overall Timeline Schedule I Exit Fee Computation Schedule I1 Exit Fee Computation for Additional Services Schedule J Diversity Policy Schedule K Legacy Additional Services Schedule L Envelope Parameters Schedule M Training Materials Schedule N Party Competitors Schedule O Sprint Third Party Materials Schedule P Countries Schedule Q Form of Additional Services Schedule R [**] Pass Through Services Schedule S Reserved Schedule T [**] Customization Hours Procedure Schedule U Services Matrix Schedule V Historical Data Requirements Schedule W Fast Track Procedure Schedule Y Privacy and Security Attachment EXHIBITS -------- Exhibit A Electronic Payment Platform Exhibit B Form of Statement by Sprint Regarding Termination AMENDED AND RESTATED CUSTOMER CARE AND BILLING SERVICES AGREEMENT THIS AMENDED AND RESTATED CUSTOMER CARE AND BILLING SERVICES AGREEMENT ("Agreement") is made as of the 1st day of July 2006 (the "Effective Date") by and between SPRINT/UNITED MANAGEMENT COMPANY, a corporation organized under the laws of the State of Delaware, having offices at 0000 Xxxxxx Xxxxxx Drive, Reston, VA 20191 (hereinafter referred to as "Sprint"); and AMDOCS SOFTWARE SYSTEMS LIMITED, a company incorporated under the laws of Ireland having offices at Earlsfort Center, Earlsfort Terrace 1 Xxxxxx 0, Xxxxxxx (hereinafter referred to as "Amdocs").
