Standard of Services. All services to be rendered by SCM hereunder shall be performed in a professional, competent and timely manner subject to the supervision of the Board of Directors of the Corporation on behalf of the Funds. The details of the operating standards and procedures to be followed by SCM in the performance of the services described above shall be determined from time to time by agreement between SCM and the Corporation.
Standard of Services. Deswik will:
(a) provide the Services honestly and diligently at a professional standard of skill, care and diligence appropriate for an expert in its field and in accordance with all relevant professional standards;
(b) comply with all applicable laws and regulations and all permits, licenses, authorizations and accreditations applying to Deswik or the Services;
(c) take steps to ensure that only Deswik personnel who need to Access the Customer's System to undertake the Services have Access to the System;
(d) maintain the confidentiality of the Customer's Confidential Information in accordance with clause 9; and
(e) comply with all lawful directions given by the Customer in respect to Access.
Standard of Services. All Services to be provided by Consultant shall be performed with promptness and diligence in a workmanlike manner and at a level of proficiency to be expected of a consultant with the background and experience that Consultant has represented it has. The Company shall provide such access to its information, property and personnel as may be reasonably required in order to permit the Consultant to perform the Services.
Standard of Services. All services to be rendered by the Service Provider hereunder shall be performed in a professional, competent, and timely manner. The details of the operating standards and procedures to be followed by the Service Provider in performance of the services described above shall be determined from time to time by agreement between the Service Provider and the Trust.
Standard of Services. All services to be rendered by SIS hereunder shall be performed in a professional, competent and timely manner subject to the supervision of the Board of Directors of the Corporation on behalf of the Funds. The details of the operating standards and procedures to be followed by SIS in the performance of the services described above shall be determined from time to time by agreement between SIS and the Corporation.
Standard of Services. All services to be rendered by the Agent hereunder shall be performed in a professional, competent and timely manner. The details of the operating standards and procedures to be followed by the Agent in performance of the services described above shall be determined from time to time by agreement between the Agent and the Trust. The Trust acknowledges that the Agent's ability to perform on a timely basis certain of its obligations under this Agreement depends upon the Trust's timely delivery of certain materials and/or information to the Agent. The Trust agrees to use its best efforts to provide such materials to the Agent in a timely manner.
Standard of Services. (a) PROVIDING PARTY shall perform the Corporate Services for RECEIVING PARTY in a professional and competent manner, using standards of performance consistent with its performance of such services for itself.
(b) During the Term, PROVIDING PARTY shall maintain a disaster recovery program for the Corporate Services substantially consistent with the disaster recovery program in place for such Corporate Services as of the Effective Date. For the avoidance of doubt, the disaster recovery program maintained by PROVIDING PARTY will not include a business continuity program.
(c) If RECEIVING PARTY provides PROVIDING PARTY with written notice ("Shortfall Notice") of the occurrence of any Significant Service Shortfall (as defined below), as determined by RECEIVING PARTY in good faith, PROVIDING PARTY shall rectify such Significant Service Shortfall as soon as reasonably possible. For purposes of this Section 1.5(c), a "Significant Service Shortfall" shall be deemed to have occurred if the timing or quality of performance of Corporate Services provided by PROVIDING PARTY hereunder falls below the standard required by Section 1.5(a) hereof; provided that PROVIDING PARTY's obligations under this Agreement shall be relieved to the extent, and for the duration of, any force majeure event as set forth in Article V.
Standard of Services. (a) Except as otherwise agreed in writing between the Parties after the date of this Agreement and subject to Section 2.03, Seller shall provide the Services, or cause the Services to be provided, at a level of quality similar in all material respects to the manner in which the Services were performed and with the same standard of care as provided, in each such case, in connection with the operation of the Company and the Piedras Negras Plant during the 12 months immediately prior to the Settlement Date, such that the Piedras Negras Plant will continue to be operated in the same or better manner as it was operated during the 12 months immediately prior to the Settlement Date, provided that such performance standard shall not be deemed to be a guaranty of any particular result (the “Performance Standard”), provided further that the foregoing shall not modify, limit or amend Seller’s obligation to provide the requirements of aluminum cans, glass, malt, crowns and caps, hops, corn starch, can lids, Cartons and Yeast , in accordance with Schedule 3.02(a)(i) of this Agreement. Under no circumstance shall Seller be obligated to meet any key performance indicators or other similar metrics; provided that Seller shall use commercially reasonable efforts to meet each of the Target Completion Dates for the applicable Brewery Expansion Plan Milestone as set forth on Schedule 2.01(d), it being agreed that although Seller has agreed to use such commercially reasonable efforts, Purchaser shall have no right to receive damages, equitable relief or terminate this Agreement arising out of any claim that Seller failed to use such efforts or any failure to meet any Brewery Expansion Plan Milestone.
(b) Notwithstanding anything to the contrary in this Agreement, in no event shall Seller or any of its Affiliates be liable for any Liability related to, arising out of or connected with any Services provided by a Third-Party Service Provider, other than in connection with a Knowing and Intentional act or omission by Seller or any of its Affiliates (including any Knowing and Intentional breach by Seller of its obligation to use commercially reasonable efforts to enforce any Third-Party Contract as set forth in Section 2.03). Purchaser acknowledges and agrees that this Agreement does not create a fiduciary relationship, partnership, joint venture or relationships of trust or agency between the Parties and that all Services are provided by Seller and any of its Affiliates as an indep...
Standard of Services. All services to be rendered by Xxxxxx hereunder shall be performed in a professional, competent and timely manner subject to the supervision of the Trustees of the Trust. The details of the operating standards and procedures to be followed by Xxxxxx in the performance of the services described above shall be determined from time to time by agreement between Xxxxxx and the Trust.
Standard of Services. Deswik will:
(a) provide the Services honestly and diligently at a professional standard of skill, care and diligence appropriate for an expert in its field and in accordance with all relevant Australian professional standards;
(b) comply with all applicable Australian laws and regulations and all permits, licenses, authorizations and accreditations applying to Deswik or the Services;
(c) take steps to ensure that only Deswik personnel who need to Access the Customer's System to undertake the Services have Access to the System;
(d) maintain the confidentiality of the Customer's Confidential Information in accordance with clause 9; and
(e) comply with all lawful directions given by the Customer in respect to Access.
