Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care. 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, the Supplier: 7.2.1 does not warrant that the Customer‘s use of the Services will be uninterrupted or error-free or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s requirements; and 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 6 contracts
Samples: Saas Agreement, Software as a Service Subscription Agreement, Software as a Service Subscription Agreement
Supplier’s Obligations. 7.1 The Supplier 5.1 eviFile undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 5.2 The undertaking at clause 7.1 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s eviFile's instructions, or modification or alteration of the Services by any party other than the Supplier eviFile or the Supplier‘s eviFile's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier eviFile will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.15.1. Notwithstanding the foregoing, the SuppliereviFile:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 5.3 This agreement shall not prevent the Supplier eviFile from entering into similar agreements with third parties.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consentsor from independently developing, and permissions necessary for the performance of its obligations using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
Appears in 5 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement
Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, the Supplier:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free or free; nor that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 4 contracts
Samples: Software as a Service Subscription Agreement, Software as a Service (Saas) Subscription Agreement, Software as a Service (Saas) Subscription Agreement
Supplier’s Obligations. 7.1 The Supplier 9.1. Plotbox undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 9.2. The undertaking at clause 7.1 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Plotbox's instructions, or modification or alteration of the Services by any party other than the Supplier Plotbox or the Supplier‘s Plotbox's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier Plotbox will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.19.1. Notwithstanding the foregoing, the SupplierPlotbox:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 and (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement 9.3. The Agreement shall not prevent the Supplier Plotbox from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Agreement.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 3 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Supplier’s Obligations. 7.1 7.1. The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 7.2. The undertaking at clause Clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause Clause 7.1. Notwithstanding the foregoing, the Supplier:
7.2.1 7.2.1. does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 7.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 7.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
7.4 7.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Supplier’s Obligations. 7.1 6.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 6.2 The undertaking at clause 7.1 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.16.1. Notwithstanding the foregoing, the Supplier:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
7.4 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Saas Subscription Agreement
Supplier’s Obligations. 7.1 5.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 5.2 The undertaking at clause 7.1 Clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Supplier’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier’s duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer’s sole and exclusive remedy for any breach of the undertaking set out in clause 7.1Clause 5.1. Notwithstanding the foregoing, the Supplier:
7.2.1 (a) does not warrant that the Customer‘s Customer’s use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer’s requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 5.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
7.4 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Saas Subscription Agreement
Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 The undertaking at clause 7.1 0 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s sole and exclusive remedy for any breach of the undertaking set out in clause 7.10. Notwithstanding the foregoing, the Supplier:
7.2.1 does not warrant that the Customer‘s use of the Services will be uninterrupted or error-free or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s requirements; and
7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Saas Agreement
Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, the Supplier:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free or free; nor that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 7.1 8.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 8.2 The undertaking at clause 7.1 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.18.1. Notwithstanding the foregoing, the Supplier:
7.2.1 8.2.1 does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free or free, nor that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 8.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 8.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Contract.
7.4 8.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementthe Contract.
Appears in 1 contract
Samples: End User License Agreement
Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, the Supplier:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Subscription Agreement
Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, the Supplier:
7.2.1 (a) does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free error- free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: License Agreement
Supplier’s Obligations. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, the Supplier:
7.2.1 does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties.
7.4 The Supplier warrants that it has and will maintain all necessary licences, consentsor from independently developing, and permissions necessary for the performance of its obligations using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
Appears in 1 contract
Supplier’s Obligations. 7.1 8.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
7.2 8.2 The undertaking at clause 7.1 8.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services contrary to the Supplier‘s Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier‘s Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer‘s Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.18.1. Notwithstanding the foregoing, the Supplier:
7.2.1 8.2.1 does not warrant that the Customer‘s Customer's use of the Services will be uninterrupted or error-free or free, nor that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer‘s Customer's requirements; and
7.2.2 8.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 8.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Contract.
7.4 8.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementthe Contract.
Appears in 1 contract
Samples: End User License Agreement