Terms Applicable to the Cloud Services Hosted on Microsoft Sample Clauses

Terms Applicable to the Cloud Services Hosted on Microsoft. Azure a. If Azure withdraws or terminates its services or IBM's or Client's access to such services, IBM may (i) provide Client access to a functionally-equivalent IBM-hosted Cloud Service offering; or (ii) terminate the Cloud Service immediately upon the effective date of such termination by Azure by providing notice of termination to Client. b. IBM makes no warranties or conditions, express or implied regarding the Third-Party Cloud Services or to the Cloud Service to the extent dependent on the Third-Party Cloud Services. The foregoing disclaimer does not apply to or limit compensation that may be payable under the Service Level Agreement section of this Service Description. c. The IBM Data Security and Privacy Principles (DSP) and Data Processing Addendum (DPA) do not apply to the Third Party Cloud Services or to the Cloud Service solely to the extent dependent on or under the control of the Third-Party Cloud Services or Azure. (1) With respect to such Third Party Cloud Services and the Cloud Service to the extent dependent on or under the control of the Third-Party Cloud Services or Azure, the data protection and technical and operational security measures for the Cloud Service will be no less than those described in the Microsoft Product and Services Data Protection Addendum available here: xxxxx://xxx.xxxxxxxxx.xxx/licensing/docs/view/Microsoft-Products-and- Services-Data-Protection-Addendum-DPA. To the extent that Client's Content may be hosted or processed on the Third Party Cloud Services in connection with this Cloud Service, Microsoft may use and otherwise process such Content as a data controller in respect of their business operations incident to the delivery of its services as described in the above Microsoft Product and Services Data Protection Addendum.
Sample 1
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Related to Terms Applicable to the Cloud Services Hosted on Microsoft

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Definitions For purposes of this Agreement:

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

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