Service Provider Responsibility. Service Provider represents, warrants and covenants that, unless otherwise agreed and to the extent it has operational responsibility under this Agreement, it shall maintain the Equipment and Software so that they operate substantially in accordance with the Service Levels and their Specifications, including (i) maintaining Equipment in good operating condition, subject to normal wear and tear, (ii) undertaking repairs and preventive maintenance on Equipment in accordance with the applicable Equipment manufacturer's recommendations and requirements, and (iii) performing Software maintenance in accordance with the applicable Software supplier's documentation, recommendations and requirements.
Service Provider Responsibility. Service Provider shall be responsible for the provision of the Services in accordance with this Agreement even if such Services are actually performed by, or dependent upon services performed by, other parties (including through the use of Subcontractors). Service Provider acknowledges that part of this responsibility includes interacting with non-Service Provider Personnel (including personnel of DIR, DIR Customers, and other DCS Service Providers) as necessary in connection with the performance of the Services.
Service Provider Responsibility. At no additional cost to DIR, Service Provider shall undertake all administrative activities necessary to obtain all Required Consents. At Service Provider's request, DIR shall cooperate with Service Provider in obtaining the Required Consents by executing appropriate DIR approved written communications and other documents prepared or provided by Service Provider. The Parties shall cooperate in minimizing or eliminating any costs associated with obtaining Required Consents.
Service Provider Responsibility. Unless otherwise approved by DIR, with respect to any subcontractor engaged after the Effective Date, the terms of any such subcontract must be sufficient to enable Service Provider to perform all of its responsibilities and comply with all of its obligations under this Agreement, including, from its subcontractors: (i) confidentiality and intellectual property obligations; (ii) obtaining for DIR, Customers, and their designee(s) the rights described in Section 4.6; (iii) obtaining for DIR, Customers, and their designee(s) the licenses described in Sections 6.4(c) and 14.3 and 14.6; (iv) DIR's approval rights (which must apply directly to the Subcontractor); (v) compliance with DIR Rules, DIR Standards, the Technology Plan, Strategic Plans, and applicable Laws; (vi) audit rights as described in Section 9.9; (vii) Key Service Provider Personnel; (viii) insurance coverage as described in Exhibit 24, with coverage limits consistent with the scope of the work to be performed by such Subcontractors; and (ix) obtaining for DIR and Customers the rights specified in Section 9.11(a). For any subcontractor Service Provider has engaged prior to the Effective Date, Service Provider will obtain the rights set forth above and to the extent Service Provider is unable to obtain such rights, Service Provider must obtain DIR's approval prior to using any such subcontractor. On or before sixty (60) days from the Effective Date, Service Provider will review with DIR each subcontract entered into by Service Provider to determine, as of such date, whether each such subcontract complies with DIR's requirements. For purposes of this Agreement, services, functions, and responsibilities performed by Subcontractors (including their personnel) shall be deemed Services performed by Service Provider, the obligations of Service Provider hereunder related to such performance shall be deemed applicable to Subcontractors as if expressly so provided herein and references to Service Provider in this Agreement (including references to a "Party" constituting references to Service Provider) shall include Subcontractors. Service Provider shall be DIR's sole point of contact regarding the Services, including with respect to payment. Notwithstanding the terms of the applicable subcontract, the approval of any Subcontractor by DIR or the availability or unavailability of Subcontractor insurance, Service Provider shall be and remain responsible and liable for any failure by any Subcontractor or Subc...
Service Provider Responsibility. The Service Provider shall not remove ICE property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any Federal Government property immediately to ICE.
Service Provider Responsibility. The Project Officer is an employee of the Service Provider and the Service Provider will be responsible for all employer obligations in regard to the Project Officer, including but not limited to –
(a) all aspects of the remuneration package that the Project Officer is entitled to receive under his or her employment contract with the Service Provider;
(b) all usual employment related insurances; and
(c) any public liability, professional indemnity or other insurance required in regard to the actions or omissions of the Project Officer.
Service Provider Responsibility. All applicable federal, state and local laws, rules and regulations government the performance required by Service Provider shall apply to this Agreement and will be deemed to be included in this Agreement the same as though written herein in full. Service Provider is responsible for ensuring compliance with all applicable laws, rules and regulations, including but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, MCWN shall not be responsible for monitoring Service Provider’s compliance.
Service Provider Responsibility. Unless otherwise approved by DIR, with respect to any subcontractor engaged after the Effective Date, the terms of any such subcontract must be sufficient to enable Service Provider to perform all of its responsibilities and comply with all of its obligations under this Agreement, including , from its subcontractors: (i) confidentiality and intellectual property obligations; (ii) obtaining for DIR, the DIR Customers and their designee(s) the rights described in Section 4.4, (iii) obtaining for DIR, the DIR Customers and their designee(s) the licenses described in S ections 6.4(c) and 1 4.3 and 1 4.6, (iv) DIR's approval rights (which must apply directly to the Subcontractor); (v) compliance with DIR Rules, DIR Standards, the Technology Plan, Strategic Plans and applicable Laws; (vi) audit rights as described in S ection 9.9;
(i) Key Service Provider Personnel; (viii) insurance coverage as described in Exhibit 24, with coverage limits consistent with the scope of the work to be performed by such Subcontractors, and
Service Provider Responsibility. 6.1 The following clause 6.1 shall only be applicable to Customers that are natural persons juristic persons whose asset value or annual turnover at the commencement date, below the threshold value determined by the Minister in terms of Section 6 of the CPA:
6.1.1 You are obliged to notify us, in writing, of any defects in the quality of the produ provided by us at any time during the fixed 36 month period, then we shall:
(a) Repair any defect or replace the unit where the product is found to be defective due t faulty components, workmanship or design on condition that the repair is to be done one of our branches or Authorised Fitment Centres; or
(b) Refund you the price paid for the Product supplied, having regard to the extent of th failure, provided that you notified us of the defect within 6 (SIX) months from th commencement date.
6.2 The following clause 6.
2.1 shall only be applicable to Customers who are juristic perso whose asset value or annual turnover at the commencement date, equals or exceeds th threshold value determined by the Minister in terms of Section 6 of the CPA:
6.2.1 We shall be responsible for the repair and/or replacement, in our sole discretion, of th product, or any parts thereof at no charge to you during the full 36 (THIRTY SIX) month from the date of installation where the product is found to be defective due to xxxx components, workmanship or design, on condition that the repair is to be done at one our branches or Authorised Fitment Centres and provided that your account is not arrears at the relevant time.
6.3 Should it be necessary that any repair and/or replacement of the product be conducted a location other than at one of our branches or Authorised Fitment Centres, you will hav to pay us a call-out fee, in respect of the time and travelling costs incurred by us due t the aforesaid event. We shall give you a quotation in respect of these costs which mu be accepted by you before any repairs are attended to by us.
6.4 The following is specifically excluded from the repair/replacement service referred to clause 6.1 and clause 6.2:
6.4.1 all repairs or maintenance or service necessitated by any damage caused to th product outside our direct control and scope of influence, including but not limited to;
6.4.1.1 any Act of God or circumstance beyond our control;
6.4.1.2 all damage caused by a faulty or spurious electrical supply;
6.4.1.3 all damage caused as the direct or indirect result of any act of tampering, vandalism malic...
Service Provider Responsibility. At no additional cost to TxDOT, Service Provider shall undertake all administrative activities necessary to obtain all Required Consents. At Service Provider's request, TxDOT shall cooperate with Service Provider in obtaining the Required Consents by executing appropriate TxDOT approved written communications and other documents prepared or provided by Service Provider. The Parties shall cooperate in minimizing or eliminating any costs associated with obtaining any Required Consents.
