The Provider. Landlord has advised Tenant that certain office and communications services may be offered to tenants of the Building by a concessionaire under contract to Landlord (“Provider”). Tenant shall be permitted to contract with Provider for the provision of any or all of such services on such terms and conditions as Tenant and Provider may agree.
The Provider shall work collaboratively with the Agent under this DPS Agreement; and
The Provider. Tenant shall be permitted to contract with an office and communications services concessionaire (the “Provider”) selected by Tenant and subject to Landlord’s reasonable approval (which may include, without limitation, cable or satellite television service).
The Provider. (a) fails to provide information in response to a request made under Clause 4.1.14;
(b) provides information which does not demonstrate how the Provider complies with Clause 4.1.14 or why the clause does not apply to it;
(c) is notified by HMRC that it is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax;
The Provider. (a) shall not, and shall procure that the Staff and any Sub-Contractors and Sub- Contractors’ personnel shall not, in connection with this Agreement and any Contract made under it commit a Prohibited Act; and
(b) warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Council, or that an agreement has been reached to that effect, in connection with the execution of this Agreement, excluding any arrangement of which full details have been disclosed in writing to the Council before execution of this Agreement.
The Provider. (a) warrants that the receipt, use and onward supply of the Services and the Provider Outputs by the Provider shall not infringe the rights, including any Intellectual Property Rights, of any third party;
(b) shall indemnify HEE in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by HEE arising out of or in connection with any claim brought against XXX for actual or alleged infringement of a third Party's Intellectual Property Rights, to the extent that the infringement or alleged infringement results from copying, arising out of, or in connection with, the receipt, use or supply of the Services and the Provider Outputs; and
(c) shall not be in breach of the warranty at clause 29.10(a), and XXX shall have no claim under the indemnity at clause 29.10(b), to the extent the infringement arises from:
(i) the use of HEE Materials in the development of, or the inclusion of HEE Materials in any Provider Output;
(ii) any modification of the Provider Outputs or Services, other than by or on behalf of the Provider; and
(iii) compliance with HEE's specifications or instructions, where infringement could not have been avoided while complying with such specifications or instructions and provided that the Provider shall notify HEE if it knows or suspects that compliance with such specification or instruction may result in infringement.
The Provider. Representative agrees that the following constitutes the only authorized methods of accessing the POS Network:
A. Medi-Cal-provided toll-free (800) line or 916-prefix phone line as documented in the POS Device User Guide
B. Provider- or Representative-provided leased phone lines
The Provider. (Each a “Party” and together the “Parties”)
The Provider. 11.5.1 shall not, and shall procure that any Staff, agents, contractors or sub- contractors of the Provider shall not, in connection with the Agreement commit a Prohibited Act;
11.5.2 warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Agreement, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Agreement.
11.5.3 shall, if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act;
11.5.4 shall have an anti-bribery policy (which shall be disclosed to the Authority) to prevent any Staff, agents, contractors or sub-contractors of the Provider from committing a Prohibited Act and shall enforce it where appropriate.
The Provider. EXECUTED by [PROVIDER] acting by: (Full Name) Signature In the presence of: Type of Service (sustain, dynamic, secure, restore) Zone Flexible Unit ID Contract Start Date Contract End Date Contracted Service Capacity (MW/MVAR) 5 Contracted Service Windows (if specified) Mon-Fri 4-7 Contracted Response Time (if specified) Up to 12 hours Service Recovery Time (if specified) 2 hours Service Minimum run-time (if specified) 30 mins Maximum Utilisations (per Service Window) 2
