Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order.
2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities.
2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met.
2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician.
2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment.
2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment.
2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment.
2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment.
2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides to abandon testing, evaluation, and assessment on such Devices.
2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist.
2.9 Applicant agrees that a full report is available to Applic...
Scope of Performance. When the words “or equal” are used in the Contract or specifications, proposed “equals” must be approved in writing by Buyer in its sole discretion before Seller is able to deliver the Contract Work. Seller shall perform the Contract Work described by the Contract. Seller shall provide at the location where the Contract Work is to be performed all labor, materials, equipment, tools and supervision, and Seller shall bear all items of expense for these items. Seller shall perform the Contract Work to the standards of care, skill and diligence, professional or otherwise, normally provided by a competent person when supplying goods or performing services identical or substantially similar to the Contract Work hereunder. Seller shall provide all necessary material, equipment and labor to supply the Contract Work in strict conformity with the specifications. Seller shall make no changes in the specifications without Buyer’s written consent and shall not substitute materials for those specified without Buyer’s written approval. Seller’s deliverables shall conform in all material aspects to the Contract. Seller shall cooperate with all other suppliers or subcontractors working in support of Xxxxx’s Prime Contract. Xxxxxx agrees to accept direction from Buyer with respect to performance, schedule or reschedule of Contract Work as necessary, attend meetings as requested by Xxxxx, and to be responsible for its personnel working harmoniously with other suppliers or subcontractors.
Scope of Performance. 4.1.1 T-Systems will perform the preventive services required to maintain the operational readiness of the hardware to be maintained (maintenance) and will carry out repairs or provide a replacement during the elimination of problems (repair), hereinafter referred to as "Maintenance Services".
4.1.2 T-Systems may replace defective parts and/or defective systems and incorporate technical modifications for the purpose of carrying out the Maintenance Services. Any consumable parts, wearing parts or spare parts used shall be either new or equivalent to new parts in terms of usability. Technical modifications shall be subject to the customer's prior consent. Any parts replaced shall become the property of T-Systems. T-Systems may take the system or parts thereof to a T-Systems branch for the purpose of eliminating defects and provide an equivalent loaner unit free of charge. If any such loaner units or replacement devices are used, T-Systems' services shall include reinstalling the backed-up user data (if available). T-Systems shall without undue delay delete any data stored on parts or systems that have been replaced or taken back. If this is impossible, T-Systems shall render these parts completely unusable. The services shall also include disposal of replaced spare parts.
4.1.3 These Maintenance Services shall not include services in connection with the replacement of consumable parts and wearing parts. If such services are rendered by T-Systems at the customer's request, T-Systems will xxxx the customer for these services separately based on the prices applicable in this respect.
4.1.4 These repair services shall not cover hardware problems caused by improper use of the hardware (failure to comply with the relevant user manual, for example), modifications to the hardware by the customer or third parties enlisted by the customer or other circumstances for which the customer is responsible.
4.1.5 Maintenance is carried out subject to the condition that the provider itself is supplied by its upstream suppliers on time and as contractually agreed.
4.1.6 T-Systems shall be entitled to provide the services by subcontracting work to third parties (subcontractors). T-Systems shall be liable for services provided by subcontractors to the same extent that it is liable for its own actions.
Scope of Performance. 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order.
Scope of Performance. The GRANTEE shall perform, in a proper and satisfactory manner as determined by the STATE, the project as described in "Scope of Performance" set forth in Attachment 1, which is hereby made a part of this Agreement.
Scope of Performance. 2.1 CANCOM shall perform services for the customer in compliance with the respective Service Level Agreements (SLA) which amongst others determine manner, quality, scope, system requirement of the services. CANCOM shall be entitled to adapt services to the current state of the art at any time. If such adaptations result in increased expenses for CANCOM, CANCOM shall be entitled to invoice these separately.
2.2 CANCOM shall perform the services on the basis of the information which has been provided to them by the customer. The customer shall be responsible for the choice of the service as well as for the results strived for and achieved by the application of the service. CANCOM shall in particular not be responsible for the provision of security- related services or appropriate consulting beyond the scope of the chosen specifications.
2.3 Unless agreed otherwise CANCOM shall perform the services during business times customary with CANCOM (NAZ), exclusive of bank holidays and on days generally off at CANCOM.
2.4 The customer shall and will not perform services on the contractual systems himself nor will he commission third parties with such.
2.5 Insofar as the service of CANCOM includes the exchange or the repairs of spare parts, these parts do not necessarily have to be brand-new, but used or refurbished system components may also be used. In each case of exchange the ownership of the exchanged component shall be transferred to CANCOM unless explicitly agreed otherwise. This shall not apply only in the case that the customer provides the spare parts himself.
2.6 If SaaS services (Software-as-a-Service) are also included in the scope of services, these services are regulated in detail in the other parts of the agreement or general provisions for this type of services are set forth in section 5. of the General Software Terms of CANCOM.
2.7 Any and all services which exceed the services defined in the respective service level agreement (SLA), shall be performed upon separate assignment and shall be invoiced according to the currently valid charge rates of CANCOM. The following services are not included in the scope (of performance) and will be invoiced to the customer according to actual expenditure:
Scope of Performance. A. This AGREEMENT was awarded based on the application submitted by RECIPIENT with the intention that the awarded funds would be used to implement the Project as described in the Project Description. Any substantive deviation from the Project Description must be approved in advance by written amendment if grant funds are to be used for such changes. If RECIPIENT believes substantive changes need to be made to the Project, RECIPIENT will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the SMG Program and whether the changes would have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have AGREEMENT funding withheld or refunded due to substantive Project changes.
B. RECIPIENT shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, which is included in the Project Description. RECIPIENT further agrees to the requirements and timeframes set forth in SANDAG Board Policy No. 035 “Competitive Grant Program Procedures”, and any amendments thereto.
C. In the event RECIPIENT encounters or anticipates difficulty in meeting the Project Schedule, RECIPIENT shall immediately notify the SANDAG Project Manager in writing and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which RECIPIENT expects to complete performance. RECIPIENT’s notification shall be informational in character only and SANDAG receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this AGREEMENT.
Scope of Performance. CEC shall provide all Equipment and perform all Services pursuant to the Proposal and subject to these CEC Standard Terms and Conditions, and Customer shall pay all charges in accordance with the Proposal and subject to these CEC Standard Terms and Conditions.
Scope of Performance. (1) The BELIMO Services require the Claiming of a BELIMO device via a User Account.
(2) The Services include the following services:
a) access to condition and measurement data
b) preparing and submitting service reports
c) system optimization and increasing the efficiency of the system
d) remote support for optimal configuration of the BELIMO device; and
e) support upon commissioning the BELIMO device
(3) BELIMO shall provide the Services initially without charge provided that BELIMO shall be entitled at any time (i) without notice to change or update the Services or, (ii) after a notice period of one (1) month, to continue to make the Services available only for a charge, in whole or in part, and/or to terminate or suspend provision of the Services in whole or in part. In doing so, BELIMO shall in each case consider the justified interests of the Service User.
(4) BELIMO shall make available to the Service User on xxx.xxxxxx.xxx/xxx a help function and technical guidance for the use of the Services (hereinafter “Service Documentation”). Should it not be possible to clarify technical and administrative questions concerning the use of the Services using the Service Documentation, then in exceptional cases, and only during BELIMO’s normal business hours, in the region where Service User is located, the Service User may also contact BELIMO Technical Support by email. The contact information for the respective contact persons responsible for the regions may also be found on xxx.xxxxx.xxxxxx.xxx. BELIMO Technical Support will attempt to respond and answer these questions within a reasonable processing time.
(5) The Service User is responsible for reading and complying with the requirements of the Service Documentation while using the Services. The Service User is solely responsible for use of the Services and for adequately test the Services’ proper functioning before use.
(6) BELIMO does not guarantee that (i) the Services will be performed error free or uninterrupted, or that BELIMO will correct all Services errors, (ii) the Services will operate in combination with Service User content for Service User applications, or with any other hardware, software, systems or data not provided by BELIMO, (iii) the Services will meet Services User’s requirements, specifications or expectations and
Scope of Performance. (1) The scope of performance for the supplier is defined by the specifications and descriptions of service agreed upon signing the contract, by our order and by our purchasing terms and conditions.
(2) The supplier will ensure that all significant data and circumstances necessary to meet the supplier's contractual obligations and satisfy our intended use of the supplier's deliveries and services are known to the supplier in suitable time. The supplier can only cite the absence of necessary documentation if said documentation was requested in a timely manner and was not received by an appropriate deadline.
(3) The supplier is responsible for ensuring that deliveries by the supplier include all products and services necessary for safe, economical and efficient use according to specifications, that they are suitable for the intended use and correspond to the current state of science and technology.
(4) The supplier is responsible for establishing and maintaining a documented quality assurance system corresponding to the latest state of the art and suitable in type and scope. The supplier must keep records, particularly of quality controls, and make these available to us upon request.
