Software and Maintenance Sample Clauses

Software and Maintenance. Software provided by Arrow in connection with provision of the IT Services is licenced to the Customer, not sold and is provided on the terms of the manufacturer’s licence. The terms of the manufacturer will be included as an appendix in this Product Schedule. Other than software installed by Arrow for the purposes of facilitating remote connection and the delivery of the IT Services, all other software used or required by the Customer in relation to the operation of the IT Systems is solely the responsibility of the Customer and the Customer must ensure it has all the appropriate licences.
Sample 1
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Software and Maintenance. (i) The Buyer shall, or shall procure that the Company shall: (A) pay to the Seller (or a nominated member of the Seller’s Group) the sum of £300,000 (three hundred thousand pounds) plus VAT (in respect of which the relevant member of the Seller’s Group may invoice the Buyer after 1 December 2010, and which sum shall be payable within 30 days of receipt of that invoice), provided that the parties to the Esso Agreement have agreed, in renewing the Esso Agreement (whether before or after Completion), that the Passport Advantage Programmes listed in Attachment A to the Esso Side Letter will continue to be maintained (on materially the same terms as they were required to be maintained prior to Completion or otherwise on such terms as are agreed by the Buyer) for the benefit of the Company between 1 January 2010 and 31 December 2012; and (B) pay to the Seller (or a nominated member of the Seller’s Group) the sum of £47,762 (forty-seven thousand seven hundred and sixty-two pounds) plus VAT (in respect of which the relevant member of the Seller’s Group may invoice the Buyer after 1 December 2010, and which sum shall be payable within 30 days of receipt of that invoice), provided that the parties to the Esso Agreement (as defined in the Esso Side Letter) have agreed, in renewing the Esso Agreement (whether before or after Completion), that the zSeries OTC Programmes listed in Attachment A to the Esso Side Letter will continue to be maintained (on materially the same terms as they were required to be maintained prior to Completion or otherwise on such terms as are agreed by the Buyer) for the benefit of the Company between 1 January 2010 and 31 December 2010, except to the extent that the Buyer and Seller agree that the sums referred to will be paid directly to IBM by the Company. (ii) The Buyer shall, or shall procure that the Company shall, pay when due any fees properly charged in respect of the Buyer’s and the Company’s use of any entitlement to the Extended Software and Services and Transferred Software and Services on and after Completion, except to the extent that such fees have been invoiced to and paid by the Seller or any member of the Seller’s Group prior to Completion. (iii) The Buyer shall indemnify the Seller in respect of: (A) any breach of clause 9.9(b)(i); (B) any breach of clause 9.9(b)(ii); (C) any failure by the Company and/or the Buyer duly to perform or comply with the terms of any of the IBM Agreements and/or Software AG Agreement in respect ...
Sample 1

Related to Software and Maintenance

  • Care and Maintenance The Real Estate shall be preserved in its present condition and delivered intact at the time of closing.

  • Support and Maintenance Where Licensee purchases support and/or maintenance services, Licensee’s initial support and/or maintenance term will begin upon delivery to Licensee of the Licensed Software and continue for one (1) year thereafter (or the length of the term if less than a year for any subscription/term license) unless otherwise specified in the applicable annual support and/or maintenance agreement, Product Order, or other written agreement executed between Licensor and Licensee. Where Licensee purchases support and/or maintenance for any Licensed Software, Licensee hereby agrees that it shall purchase such support and/or maintenance services for all of Licensee’s licensed units of such Licensed Software product. Support and/or maintenance services provided by Licensor will be subject to Licensor’s then current applicable standard annual support and/or maintenance agreement unless otherwise agreed by the parties in writing.

  • Installation and Maintenance Except for the bi‐directional and production metering equipment owned by the City, all equipment on Customer’s side of the delivery point, including the required disconnect device, shall be provided and maintained in satisfactory operating condition by Customer and shall remain the property and responsibility of the Customer. The City will bear no responsibility for the installation or maintenance of Customer’s equipment or for any damage to property as a result of any failure or malfunction thereof. The City shall not be liable, directly or indirectly for permitting or continuing to allow the interconnection of the Facility or for the acts or omissions of Customer or the failure or malfunction of any equipment of Customer that causes loss or injury, including death, to any party.

  • Operations and Maintenance Seller shall not during the months of June through September inclusive schedule any non-emergency maintenance that reduces the energy generating capability of the Facility by more than ten percent (10%), unless (i) such outage is required to avoid damage to the Facility, (ii) such maintenance is necessary to maintain equipment warranties and cannot be scheduled outside the months of June through September, (iii) such outage is required in accordance with prudent electrical practices, or (iv) the Parties agree otherwise in writing.

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