Services and Materials. Provider shall perform the Services and provide the Materials described in Exhibit PA-1, which is attached hereto and incorporated herein by reference. All Services shall be performed and Materials provided within the schedule outlined in Exhibit PA-1.
Services and Materials. With respect to the Project, BROOKWOOD shall provide the services of such personnel, laboratory facilities, equipment, chemicals, and other supplies as are required to conduct its activities under this AGREEMENT.
Services and Materials. 5.1 With respect to the Project, Evonik shall provide the services of such personnel, laboratory facilities, equipment, chemicals, and other supplies as are required to conduct its activities under this Agreement. Evonik shall render services in connection with the Project and create, develop and deliver Research Samples to Customer, all in accordance with the Proposal, subject to the terms and conditions of this Agreement.
5.2 If at any time during the term of this Agreement Customer desires to make modifications to the Proposal, Customer shall provide a written description of the proposed modification(s) to Evonik (a “Change Request”). After its receipt of such Change Request, Evonik shall submit a change order proposal (the “Change Order”) in substantially the form attached hereto as Exhibit D that includes any additional fees or charges and any adjustments to the completion dates or Project timetable resulting from the proposed Change Request. Evonik shall have no obligation to complete the requested work or implement the proposed changes and Customer shall not have any obligations with respect to any increased fees or altered payment schedules, unless and until the Customer agrees to the updated budget and/or timeline and the Change Order is executed by both Parties. Evonik shall not be considered in breach for failure to complete the requested work or implement the proposed changes until both Parties agree in writing on the revised Proposal and budget. Once the Change Order is executed by both Parties, such Change Order shall become a part of this Agreement. Confidential Treatment Requested by BioDelivery Sciences International, Inc. IRS Employer Identification No. 35-208985 Confidential treatment requested with respect to certain portions hereof denoted with “***”
5.3 If at any time during the term of this Agreement the Parties desire to add additional services to the Agreement, the Parties must agree on an additional Proposal which must be agreed to pursuant to Article 14.5 as an amendment to this Agreement to be attached as an additional Exhibit A.
5.4 Title / Risk of Loss. Title and risk of loss pass to Customer upon delivery of any Research Samples to the carrier designated by Customer.
5.5 Customer agrees to supply to Evonik, at no charge to Evonik, such necessary quantities of Active Agent for the Project at such times as Evonik may reasonably request in order to complete the Project. In addition, Customer agrees to provide to Evonik complete ...
Services and Materials. UTC Power shall perform and execute the provisions of this Agreement as an independent contractor and shall not be an agent or employee of Customer. UTC Power may provide any or all of the Services required under this Agreement through its sister division, Carrier Commercial Services (“Carrier”) or another UTC Power-authorized service provider. Unless otherwise agreed as provided herein, the Services will be performed during the regular working hours of the regular working days of UTC Power or, if applicable, its subcontractors. Any Services to be performed at times or during days when workers are entitled to overtime or premium rates will be performed at the particular workers’ then applicable amount or rate of payment for work at such time or days. Customer agrees to reimburse UTC Power for any and all costs associated with such work done at overtime or premium rates to the extent that Customer requires that any Services to be performed at times or during days when workers are entitled to overtime or premium rates, provided that Customer shall not be required to reimburse UTC Power for such costs if (i) such Services could reasonably have been performed during the regular working hours of the regular working days of UTC Power or, if applicable, its subcontractors, (ii) UTC Power, Carrier or another UTC Power-authorized service provider, as applicable, elects to perform such Services at times or during days when workers are entitled to overtime or premium rates or (iii) such Services are required to be performed at times or during days when workers are entitled to overtime or premium rates as a result of the failure by UTC Power to perform its obligations in accordance with this Agreement. Any parts provided under this Agreement will be new parts manufactured or selected by UTC Power or parts reconditioned to UTC Power standards. All replacement parts will be furnished by UTC Power in exchange for the parts replaced. If any part delivered hereunder incorporates computer software, the parties agree that UTC Power is not selling the software to the Customer but merely providing a license to use such software for operating the Equipment for which such part was provided. By accepting delivery of such part the Customer agrees not to copy or let others copy such software, to keep such software in confidence as a trade secret, to use such software solely for its internal purposes in connection with the operation of the Equipment covered under this Agreement, and...
Services and Materials. From time to time during the Term, Company will engage Provider to perform services (the “Services”) and create materials (the “Materials”) as set forth on individual Statement of Work addendums in the form of Exhibit A (the “Statement of Work”) to be executed by Provider and Company. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of a Statement of Work, this Agreement shall control.
Services and Materials. Provider shall perform the Services and provide the Materials described in the Exhibits [NOTE -- make singular if only one exhibit is listed] listed below, which are [NOTE -- change "are" to "is" if only one exhibit is listed] attached hereto and incorporated herein by reference:
(a) Exhibit PA- :
(b) Exhibit PA- :
(c) Exhibit PA- :
(d) Exhibit PA- :
(e) Exhibit PA- :
Services and Materials. Consultant shall perform the Services and provide the Materials described in Exhibit “A”, which is attached hereto and incorporated herein by reference. If there is any conflict between terms in this Agreement, and the Specification 3097 Exhibit A, the terms of this Agreement shall take precedence.
Services and Materials. Consultant shall perform the Services and provide the Materials described in Exhibit “A”, which is attached hereto and incorporated herein by reference.
Services and Materials. The Software may enable access to HealthSTATS's and third party services and web sites (collectively 'Services'). You acknowledge and agree that use of the Services may require internet access and your acceptance of terms of the relevant service. Services may interact, display, include or make available content, data, information, applications, products or materials from HealthSTATS or third parties (collectively 'Materials') or provide links to web services. By using the Service You acknowledge and agree that HealthSTATS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Materials or web sites of third parties. You will use Services at your own risk, and HealthSTATS does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Materials and/or web sites, or for any other materials, products, or services of third parties. Such third party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. You agree that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services. Unless otherwise provided by the terms of use of the Services, no portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that HealthSTATS is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. In addition, third party Services and/or ...
Services and Materials. 2.2.1 Contractor warrants that all Services and Materials will strictly conform to all requirements of this Agreement, including without limitation all Attachments. To the extent of any non- conformity in the Services or Materials, Contractor will, upon receipt of a notice of non- conformance by Company, promptly repair, replace, or re-perform its work, at Contractor's expense, keeping Company up to date on anticipated completion date; but in no event shall completion date be less than 10 days without written notice to Company.
2.2.2 Company or Government Agency may furnish to Contractor, without cost to Contractor, such equipment or data as Government Agency/Contractor in its sole discretion deems necessary for the Contractor to perform. Within fifteen (15) days of completion or termination of this Agreement, Contractor shall return such equipment and data to Government Agency/Contractor in the condition it was when given to Contractor (for equipment, reasonable wear and tear excepted). The handling and use of any equipment or data provided by Government is subject to the Flowdown Provisions in Attachment
