Terms and Conditions Governing. The terms and conditions governing the Letters of Credit issuance of Letters of Credit by Banks on behalf of and for the account of Borrower and its Subsidiaries, other than the Excluded Subsidiaries (which shall not be entitled to have Letters of Credit in their names), shall be provided for by Agent in its standard form of Application for Stand-By Letter of Credit, a copy of which is attached hereto as Exhibit "A", with appropriate insertions and such additional terms and conditions governing the issuance of specific Letters of Credit as may be agreed upon by Borrower and Agent at the time of Borrower's request to Agent for the issuance thereof. All such Applications for Letters of Credit to be issued on behalf of a Subsidiary shall be executed by an authorized officer of such Subsidiary, as applicant, and shall also be executed by an authorized officer of Borrower, in Borrower's capacity as guarantor. Upon Agent's issuance of a Letter of Credit, one-half (1/2) of the amount of such Letter of Credit shall automatically be deemed to have been provided by Whitney, and, without the necessity of further documentation transferring an interest in the Letter of Credit to Xxxxxxx, Xxxxxxx shall possess a one-half ( 1/2) interest in all rights and obligations accruing to and incurred by Agent with respect to such Letter of Credit. Whitney shall record its one-half ( 1/2) share of any draws on the Letter of Credit on the schedule attached to its Revolving Note as provided in Section 2.1 below.
Terms and Conditions Governing. Client Use of the Cloud Applications All rights of Client in and to the Cloud Applications will be governed by the terms and conditions of the applicable Order and the Agreement, and, with respect to the Bundled Applications, any applicable supplier terms and conditions attached to or referenced in the Order, as amended. In the event of conflict between the terms and conditions of the Agreement and applicable attached supplier terms and conditions, the supplier terms and conditions take precedence as they relate to the applicable Bundled Application. Without limiting the generality of the immediately foregoing sentence, CGI does not itself give or make any warranty or indemnification of any kind with respect to the Bundled Applications. In addition, the Bundled Applications may contain or require the use of open source products. Any open source products incorporated in, or used with, the Solution are subject to the applicable open source license agreement. Violation by Client of the additional supplier terms and conditions attached to the Order may result in termination of Client’s right to use the applicable Bundled Application(s) under the Agreement. Changes in the Solution which CGI may make from time to time may require updates or addition of Bundled Applications at Client’s expense.
