System and Services. Subject to the terms and conditions of this Agreement, Nodal hereby grants to Participant, for the term hereof, a non-exclusive, non-transferable, revocable right to access the System or Documentation, and to utilize any Services, through such procedures as Nodal may designate from time to time during the term of this Agreement, to trade as principal. Nodal reserves the right, in its sole discretion, to modify or change the System or Services at any time. As used in this Agreement, “System” and “Services” shall include any and all modifications thereof as Nodal may make available under this Agreement. Nodal shall provide Participant with written notice of any material changes to the System or Services that Nodal believes are reasonably likely to affect Participant’s use of the System or Services by posting such notice on the Nodal Site, by e-mail or by such other means as are permitted by Section 14 hereof.
System and Services. Fresh Relevance will, subject to these Customer Terms (a) provide Support Services as necessary to set up and implement the System for the websites(s) specified on the Order Form, (b) make the System and System Services available to Customer in accordance with the Order Form and the Documentation and in a manner consistent with generally accepted industry standards, (c) provide Support Services to Customer and apply upgrades to the System as Fresh Relevance may deem advisable, and (d) provide a contact for Customer's technical and support questions relating to the System.
System and Services. Subject to the terms and conditions of this Agreement, Nodal hereby grants to Participant, for the term hereof, a non-exclusive, non-transferable, revocable right to access the System or Documentation, and to utilize any Services, through such procedures as Nodal may designate from time to time during the term of this Agreement. Access to the System means, collectively, access and/or use of interfaces by the Participant for Services by such means, including but not limited to (i) via any secure file transfer protocol (“SFTP”), financial information exchange (“FIX”), or any of the application programming interfaces (“APIs”) or graphic usage interfaces (including any front-end offered directly by Nodal and/or its Affiliates) (“GUIs”) for the System, (ii) any of the accompanying product specifications or Documentation, each as may be amended from time to time, and (iii) such other Documentation which may be prepared and provided to Participant by Nodal, and which provides instructions to enable Participant to achieve the access to the System. Nodal reserves the right, in its sole discretion, to modify or change the System or Services at any time. As used in this Agreement, “System” and “Services” shall include any and all modifications thereof as Nodal may make available under this Agreement. Nodal shall provide Participant with written notice of any material changes to the System or Services that Nodal believes are reasonably likely to affect Participant’s use of the System or Services by posting such notice on the Nodal Site, by e-mail or by such other means as are permitted by Section 14 hereof.
System and Services. Subject to the terms and conditions of this Agreement, Nodal hereby grants to Broker, for the term hereof, a non-exclusive, non-transferable, and revocable right to access the System and/or Documentation through such procedures as Nodal may designate from time to time during the term of this Agreement, solely for the purpose of utilizing the Services to submit Block Trades or EFRPs on behalf of any Participant who has provided an effective Broker Authorization to Nodal (where such Broker Authorization has not been revoked) authorizing Broker to submit such Block Trades or EFRP on its behalf. Access to the System means, collectively, access and/or use of interfaces by the Broker for Services (i.e., only for administrative purposes and not for trading purposes) by such means, including but not limited to (i) via any secure file transfer protocol (“SFTP”), financial information exchange (“FIX”), or any of the application programming interfaces (“APIs”) or graphic usage interfaces (including any front- end offered directly by Nodal and/or its Affiliates) (“GUIs”) for the System, (ii) any of the accompanying product specifications or Documentation, each as may be amended from time to time, and (iii) such other Documentation which may be prepared and provided to Broker by Nodal, and which provides instructions to enable Broker to achieve the access to the System. Broker shall be deemed to represent at the time that it submits a Block Trade or EFRP that Broker is authorized by the Participants who are party to the Block Trade or EFRP. As used in this Agreement, “System” and “Services” shall include any and all modifications thereof as Nodal may make available under this Agreement. Nodal reserves the right, in its sole discretion, to modify the System or Services at any time. Use of the System or Services by Broker following any modification thereof shall constitute acceptance by Broker of such modification.
System and Services. 3.1. In accordance herewith, the User shall be entitled to use the System as follows:
3.1.1. Access the Sуstem through the Website or by downloading the installation package to the User's device;
3.1.2. Access the Company’s (or its Partners’) Services, including, but not limited to, access to making Transactions;
System and Services. In accordance herewith, the User shall be entitled to use the System as follows: ... Access the Sуstem through the Website or by downloading the installation package to the User's device; ... Access the Company’s (or its Partners’) Services, including, but not limited to, access to making Transactions;
System and Services. Provider agrees to provide Agent and/or End-Users access to the System and Services via one or more "800" access direct inward dialed "DID" numbers delivered by Provider to Agent for its resale of the Domestic Services and International Services to the End-Users and sub-agents of Agent ("Sub-Agents") on the Start of Service date. Agent shall deliver traffic estimates for 30/60/90 days not less than monthly on the first of each month to Provider to facilitate System capacity. Agent is not obligated to purchase a certain or guaranteed amount of the Services or provide a certain or guaranteed number of End-Users. The System and Services will be provided by Provider in accordance with the specifications attached hereto as Exhibit B (the "Specifications"). Agent acknowledges that Provider may provide Services and International Services to other customers, provided the same does not adversely affect the Services provided to Agent. Provider acknowledges that Agent may purchase Services and International Services from other providers and may resell the Services to Sub-Agents.
a) Service Level for Availability of the System and Services. Provider agrees the System and the Services will be available as provided below. Availability is defined as the total number of minutes during which all the System and the Services are fully operational and available to Agent and End-Users for use in a month divided by the total number of minutes in that month (i.e. number of days x 24 hrs/day x 60 min/hr), excluding scheduled downtime. Scheduled downtime will last no longer than one hour(s) per day and will take place only between the hours of 4:00 a.m. and 6:00 a.
System and Services. Subject to the terms and conditions of this Agreement, Nodal hereby grants to Participant, for the term hereof, a non-exclusive, non-transferable, revocable right to access the System or Documentation, and to utilize any Services, through such procedures as Nodal may designate from time to time during the term of this Agreement, to trade as principal. Access to the System means, collectively, access and/or use of interfaces by the Participant for Services by such means, including but not limited to (i) via any secure file transfer protocol (“SFTP”), financial information exchange (“FIX”), or any of the application programming interfaces (“APIs”) or graphic usage interfaces (“GUIs”) for the System, (ii) any of the accompanying product specifications or Documentation, each as may be amended from time to time, and (iii) such other Documentation which may be prepared and provided to Participant by Nodal, and which provides instructions to enable Participant to achieve the access to the System. Nodal reserves the right, in its sole discretion, to modify or change the, System or Services at any time. As used in this Agreement, “System” and “Services” shall include any and all modifications thereof as Nodal may make available under this Agreement. Nodal shall provide Participant with written notice of any material changes to the System or Services that Nodal believes are reasonably likely to affect Participant’s use of the System or Services by posting such notice on the Nodal Site, by e-mail or by such other means as are permitted by Section 14 hereof.
System and Services. The services and fees for calendar 1999 are set forth below for the period from January 1, 1999 up to the Casino opening scheduled for October 30, 1999 (the "Pre-Opening Period") and the remainder of the year after opening (the "Post-Opening Period") Type of Services Fees For Services ---------------- -----------------
A. Severable Services
1. Corporate Facilities 1999 projected costs spread evenly Office Space in Memphis; facilities services relate to estimated at $34,610, consisting of the corresponding function and are bundled with that function. following: The functions are: Pre Opening Post-Opening ----------- ------------ property reporting $ 6,678 $ 1,336 market planning 5,078 1,016 accounting systems administration 1,388 278 payroll 1,342 268 procurement 701 152 compensation 4,108 822 HRIS 4,268 854 property tax 4,090 818 1,132 226 other ---------- ---------- $ 28,842 $ 5,768
2. Market research Pre-Opening estimated at $41,667, market information and planning Post-Opening estimated at $8,333 based on assumed number of studies being managed
3. Property, sales and use tax assistance - review state and Pre-Opening estimated at $5,250 and local sales and use tax applications, recommend a sales tax Post-Opening estimated at $1,050 compliance process, sales and use tax training for JCC payable in monthly installments for the employees, as requested, response to up to 10 specific sales property tax services; $100 per hour for and use tax questions per month, represent in any sales or use all other tax services tax audits, prepare and file appeals and represent JCC in appeals of audit decisions, recommendations regarding settlement or litigation of sales or use tax controversies, recommendation of counsel and administration of sales and use tax litigation
4. Y2K reporting and assessment Pass through billing for any external consultants or out-of-pocket costs
