SLC Will Not Apply Sample Clauses

SLC Will Not Apply. Sprint will be relieved of responsibility to meet an SLA with respect to any SIG Party to the extent any of the following causes the failure to meet such SLA: • Such SIG Party’s failure to adhere to Sprint’s written instructions contained in the Private Label Operations Manual (as modified by the Agreement) regarding processing transactions under load to the extent it is a cause of the failure to meet such SLA; • Such SIG Party’s failure to perform its obligations as set forth in the Agreement to the extent it is a cause of the failure to meet such SLA; • Circumstances that constitute a Force Majeure Event as defined in the Agreement; • Problems directly caused by components (hardware/software/network) for which such SIG Party is responsible or other circumstances caused by the acts or omissions or a SIG Party; • Scheduled standard maintenance window; or • Failure or problems caused by any components outside the Sprint Network or outside of the reasonable control of Sprint and its Affiliates.
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  • The Buyer is Not a “Dealer”. The Buyer and the Company hereby acknowledge and agree that the Buyer has not: (i) acted as an underwriter; (ii) acted as a market maker or specialist; (iii) acted as “de facto” market maker; or (iv) conducted any other professional market activities such as providing investment advice, extending credit and lending securities in connection; and thus that the Buyer is not a “Dealer” as such term is defined in the 1934 Act.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

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  • Not a Security None of the Notes shall be deemed to be a security within the meaning of the Securities Act of 1933 or the Securities Exchange Act of 1934.

  • Company is not an Ineligible Issuer (i) At the time of filing the Registration Statement and (ii) as of the Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.

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