Requested by Customer. During the term of this Agreement, Customer may request that Contractor provide new or additional services under this Agreement or make certain changes in the Services provided under this Agreement, including, without limitation, (i) the addition of new or different functionality to the NPAC/SMS, (ii) a modification, reduction or expansion of existing functionality of the NPAC/SMS, (iii) the offering of additional support, training, consulting services or any other addition to or modification or expansion of the Services or alteration of the Specifications, or (iv) an increase or decrease in any new or additional services or changes previously requested pursuant to this Article 13 (collectively (including changes, modifications and reductions) “Additional Services”). Customer shall initiate its request for Additional Services by delivering a proposal to Contractor detailing the Additional Services being requested and any requirements to be met. Contractor may request further information or clarification, if needed by Contractor to formulate a response, and within three (3) weeks (or such longer or shorter period agreed to by the Parties) after Contractor’s receipt of Customer’s request (or, if later, Contractor’s receipt of any information or clarification requested by it), Contractor shall respond with a proposed Statement of Work, which shall be prepared and finalized in accordance with the requirements of this Article 13. Contractor shall not accept any such requests from or enter into Statements of Work with Users without Customer’s written approval. All requests for User Enhancements by any User must be made through Customer in the form of a request for Additional Services pursuant to Article 13 - Additional Services, and the requesting User shall be responsible for any charges or fees for such User Enhancement as provided in the related Statement of Work. Customer will not object to the incorporation of User Enhancements. Furthermore, all User requests for Additional Services will be forwarded by Customer to Contractor under the provisions set forth herein. As part of its response to any request from Customer for Additional Services that Customer states are intended to benefit more than one User, Contractor shall state (1) the price if paid by Users by a specified date and (2) the price if paid by Users over the remaining term of this Agreement. Customer may elect the pricing option it prefers. Customer’s election of either option shall not preclude ...

Requested by Customer. High Speed Internet:

Requested by Customer. High Speed Internet: VoIP Phone: Equipment provided by Company: BROADBAND SERVICE ORDER AND AGREEMENT SIGNATURE PAGE BY EXECUTING BELOW CUSTOMER UNDERSTANDS AND AGREES WITH ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. FURTHER, CUSTOMER UNDERSTANDS THE SERVICES REQUIRE ACTIVE ELECTRIC SERVICE AT CUSTOMER’S LOCATION AND IF AN ELECTRICAL SERVICE OUTAGE OCCURS, THE SERVICES, INCLUDING ALL VOICE SERVICES, IF ELECTED, MAY NOT FUNCTION. CUSTOMER SIGNATURE: PRINT NAME: INSTALLER SIGNATURE: PRINT NAME:

Requested by Customer. In the event the Customer requests a delay in the completion of the Implementation Services based on reasons out of the control of the Customer, the recurring fees as outlined in Exhibit B will be rescheduled in accordance to a mutually agreed project plan. Such requested delay may result in rescheduling portions or all of the remaining Implementation Services to the next available time frame as evaluated by OPEN SKIES, unless mutually agreed in writing otherwise. In the event the Customer requests a delay in the completion of the Implementation Services based on reasons within the control of Customer, the recurring fees as outlined in Exhibit B will remain effective. Such requested delay may result in rescheduling portions or all of the remaining Implementation Services to the next available time frame as evaluated by OPEN SKIES, unless mutually agreed in writing otherwise. OPEN SKIES reserves the right to apply additional installation fees as are necessary when rescheduling the Implementation Services due to Customer request if adequate notice is not provided OPEN SKIES. All fees as described in the Agreement and Exhibit B are to be applied based on the scheduled Target Dates. [Illegible] [Illegible] GOL - 1-8-2001 -------------- -------------- Customer OPEN SKIES Initials Initials EXHIBIT C OPEN SKIES CONTACTS 1. CUSTOMER CONTACTS OPEN SKIES agrees to provide contacts for the following areas. Customer should use these contacts as necessary. Customer contract to non-authorized OPEN SKIES personnel may result in Direct Consultation Fees as described in Exhibit B, Item 3. 1.1 OPEN SKIES RESPONSE CENTER CONTACT. The following number is to be utilized as described in Exhibit A, Section 1.3.1. (U.S.) TELEPHONE: (801) 947-7838 EMERGENCY: (801) 947-7855 1.2 COMMERCXXX XXXXXXX XXECUTIVE/LIAISON. OPEN SKIEX xxxxxx xxxx the following individual is authorized to communicate with Customer on behalf of OPEN SKIES with respect to account management, project funding, performance and other commercial issues with respect to the Reservation Services: NAME: TIME FRIEND ADDRESS: 6322 SOUTH 3000 E., SALT LAKE CITY, UT 84121 TELEPHONE: (801) 947-7000 XXXXXXXXX: (000) 000-0000 X-XXXX: TFRIEND@OPENSXXXX.XXX 0.0 AUTHORIZED FXXXXXXXX XXXXXCT. Customer mxx xxxxxxx XXXX XXXXX finance department at the following telephone number or e-mail regarding payments, invoices or other financial issues: NAME: GEORGE BENEDICT PHONE: 801-947-7848 EMAIL: GBENEDICT@OPENSKIES.XXX XXXX XXRDON EVANS...

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By Customer To the extent permitted by applicable law, Customer will defend Microsoft against any third-party claim to the extent it alleges that: (1) any Customer Data or non- Microsoft software hosted in an Online Service by Microsoft on Customer’s behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Customer’s use of any Product or Fix, alone or in combination with anything else, violates the law or xxxxx a third party.
Termination by Customer You may cancel your acceptance of the Agreement with XOOM at any time within three (3) business days of your enrollment authorization and receipt of this Agreement without penalty or
Indemnification by Customer Customer shall indemnify, defend and hold harmless MSIL and its affiliates from and against any loss, liability, damage, cost or expense (including attorneys' and accountants' fees and expenses incurred in the defense of any demands, claims or lawsuits) actually and reasonably incurred arising from any act, omission, conduct, or activity undertaken by MSIL on behalf of Customer, including, without limitation, any demands, claims or lawsuits initiated by a limited partner (or assignee thereof); provided that (i) MSIL has determined, in good faith, that the act, omission, conduct, or activity giving rise to the claim for indemnification was in the best interests of the Customer, and (ii) the act, omission, conduct or activity that was the basis for such loss, liability, damage, cost or expense was not the result of misconduct or negligence. Notwithstanding the foregoing, no indemnification of MSIL or its affiliates by Customer shall be permitted for any losses, liabilities or expenses arising from or out of any alleged violation of federal or state securities laws unless (i) there has been a successful adjudication on the merits of each count involving alleged securities law violations as to the particular indemnitee, or (ii) such claims have been dismissed with prejudice on the merits by a court of competent jurisdiction as to the particular indemnitee, or (iii) a court of competent jurisdiction approves a settlement of the claims against the particular indemnitee and finds that indemnification of the settlement and related costs should be made, provided with regard to such court approval, the indemnitee must apprise the court of the position of the SEC and the positions of the respective securities administrators of Massachusetts, Missouri, Tennessee and/or those other states and jurisdictions in which the plaintiffs claim that they were offered or sold Units, with respect to indemnification for securities laws violations before seeking court approval for indemnification. Furthermore, in any action or proceeding brought by a limited partner in the right of Customer to which MSIL or any affiliate thereof is a party defendant, any such person shall be indemnified only to the extent and subject to the conditions specified in the Delaware Revised Uniform Limited Partnership Act, as amended, and this Section 2. The Customer shall make advances to MSIL or its affiliates hereunder only if: (i) the demand, claim lawsuit or legal action relates to the performance of duties or services by such persons to Customer; (ii) such demand, claim lawsuit or legal action is not initiated by a limited partner; and (iii) such advances are repaid, with interest at the legal rate under Delaware law, if the person receiving such advance is ultimately found not to be entitled to indemnification hereunder.
By Client Client agrees to indemnify, defend and hold Agency, its officers, directors, employees, agents, attorneys, subsidiaries, affiliated companies, parent companies, representatives, and successors and assigns, harmless from and against all Losses to the extent such Losses arise out of or are primarily related to (i) the negligent or wrongful acts, errors, or omissions of Client or its employees, agents affiliates, assigns or any creditor or prior account holder, or the employees or agents of any of them, in connection with this Agreement, including but not limited to errors or omissions in connection with information furnished by Client to Agency concerning a Referred Account, or (ii) any collection effort by Client or any other collection agency as to a Referred Account.
Contact with Customers and Suppliers Until the Closing Date, the Buyer shall not, and shall cause its Affiliates and direct its other Representatives not to, contact or communicate with the employees, customers, suppliers, distributors or licensors of the Acquired Entities, or any other Persons having a business relationship with the Acquired Entities, concerning the transactions contemplated hereby or any of the foregoing relationships without the prior written consent of the Seller.
Contractor Designation of Trade Secrets or Otherwise Confidential Information If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential.
Client Client agrees to indemnify, defend, and shall hold harmless Consultant and /or his agents, and to defend any action brought against said parties with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees to the extent that such action is based upon a claim that: (i) is true, (ii) would constitute a breach of any of Client's representations, warranties, or agreements hereunder, or (iii) arises out of the negligence or willful misconduct of Client, or any Client Content to be provided by Client and does not violate any rights of third parties, including, without limitation, rights of publicity, privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.
Handling Sensitive Personal Information and Breach Notification A. As part of its contract with HHSC Contractor may receive or create sensitive personal information, as section 521.002 of the Business and Commerce Code defines that phrase. Contractor must use appropriate safeguards to protect this sensitive personal information. These safeguards must include maintaining the sensitive personal information in a form that is unusable, unreadable, or indecipherable to unauthorized persons. Contractor may consult the “Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals” issued by the U.S. Department of Health and Human Services to determine ways to meet this standard. B. Contractor must notify HHSC of any confirmed or suspected unauthorized acquisition, access, use or disclosure of sensitive personal information related to this Contract, including any breach of system security, as section 521.053 of the Business and Commerce Code defines that phrase. Contractor must submit a written report to HHSC as soon as possible but no later than 10 business days after discovering the unauthorized acquisition, access, use or disclosure. The written report must identify everyone whose sensitive personal information has been or is reasonably believed to have been compromised. C. Contractor must either disclose the unauthorized acquisition, access, use or disclosure to everyone whose sensitive personal information has been or is reasonably believed to have been compromised or pay the expenses associated with HHSC doing the disclosure if: 1. Contractor experiences a breach of system security involving information owned by HHSC for which disclosure or notification is required under section 521.053 of the Business and Commerce Code; or 2. Contractor experiences a breach of unsecured protected health information, as 45 C.F.R. §164.402 defines that phrase, and HHSC becomes responsible for doing the notification required by 45 C.F.R. §164.404. HHSC may, at its discretion, waive Contractor's payment of expenses associated with HHSC doing the disclosure.
Indemnification and Advance of Expenses as a Witness or Other Participant Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is or may be, by reason of Indemnitee’s Corporate Status, made a witness or otherwise asked to participate in any Proceeding, whether instituted by the Company or any other person, and to which Indemnitee is not a party, Indemnitee shall be advanced and indemnified against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith within ten days after the receipt by the Company of a statement or statements requesting any such advance or indemnification from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee. In connection with any such advance of Expenses, the Company may require Indemnitee to provide an undertaking and affirmation substantially in the form attached hereto as Exhibit A.
Indemnification by Custodian The Custodian shall indemnify and hold harmless the Trust from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust may sustain or incur or that may be asserted against the Trust by any person arising directly or indirectly out of any action taken or omitted to be taken by an Indemnified Party as a result of the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “Trust” shall include the Trust’s trustees, officers and employees.

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