Common use of Service Facilitators Clause in Contracts

Service Facilitators. 11.1. The Contracting Party’s Group shall be entitled, under the sole and exclusive responsibility of the Contracting Party, to delegate the performance of certain rights and/or obligations hereto to one or more Service Facilitators. For this purpose, the Contracting Party shall inform BMEMD of the legal name, postal addresses and websites (URLs) of the respective Service Facilitators, the rights and/or obligations whose performance is to be delegated, the Beneficiary Company/Companies of the Contracting Party’s Group that delegate rights and/or obligations (where appropriate), and any other information that BMEMD may consider necessary for the authorisation of a Service Facilitator. Such information shall be included in the Particular Conditions Section of this Agreement. In no manner shall BMEMD’s endorsement for the above terms release the Contracting Party from the performance of the obligations agreed and accepted under this Agreement. 11.2. BMEMD shall be informed should there be any amendments to the details provided by the Contracting Party with regard to the Service Facilitators or the rights and/or obligations delegated to them. It is the Contracting Party’s responsibility to maintain updated at all times the details concerning the Service Facilitator appointed in accordance with the provisions of this Clause. If there are modifications altering the referred details, the Contracting Party shall provide BMEMD with such modifications. BMEMD reserves the right to reject the amendments to the details of the Service Facilitator provided by the Contracting Party if, following any previous relation with the referred Service Facilitator, any information about it and/or other similar circumstances, BMEMD considers that the Contracting Party would fail to comply with the obligations under this Agreement. Should BMEMD not reject such amendments, both parties undertake to diligently include the corresponding amendments relating to the Service Facilitator in the Particular Conditions Section of this Agreement, as a prior requirement for it to become effective. In no manner shall BMEMD’s endorsement of such amendments and their subsequent implementation release the Contracting Party from the requirement to comply with the remaining obligations adopted under this Agreement. 11.3. In no manner shall the Service Facilitator replace the Contracting Party’s Group as a party to the Agreements for the Provision of Data services executed between the Contracting Party’s Group and its Clients, nor shall act as an interlocutor with BMEMD as this shall always be done by the Contracting Party. All the products and services provided through a Service Facilitator shall be deemed to be products and services provided by the Contracting Party’s Group for the purposes of this Agreement. 11.4. This Agreement does not authorise the Service Facilitators appointed by the Contracting Party’s Group’s to use the Licensed Data in their own name, nor/or use their logo together with the Contracting Party’s name and/or logo, and/or that of its Beneficiary Companies, regardless of the kind of legal relation between the Service Facilitators and the Contracting Party and/or its Beneficiary Companies. 11.5. The delegation of the performance of rights and/or obligations by the Contracting Party’s Group to one or more Service Facilitators shall not alter, in any manner, the Contracting Party’s responsibilities under this Agreement with regard to those rights and/or obligations.