Common use of The Supplier's Obligations Clause in Contracts

The Supplier's Obligations. 8.1. The Supplier undertakes that the Services will be performed substantially in accordance with this Agreement and with reasonable skill and care. 8.2. The undertaking at clause 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 written 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. Notwithstanding the foregoing, The Supplier: 8.2.1. 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 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. 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 this Agreement.

Appears in 1 contract

Samples: Saas Agreement

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The Supplier's Obligations. 8.1. The Supplier undertakes that the Services will be performed substantially in accordance with this Agreement and with reasonable skill and care. 8.2. The undertaking at clause 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 written 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. Notwithstanding the foregoing, The Supplier: 8.2.1. 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 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. 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 this Agreement.

Appears in 1 contract

Samples: Saas Agreement

The Supplier's Obligations. 8.1. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with this Agreement the description for the Services set out in Schedule 1, and with reasonable skill and care.care.‌ 8.2. 7.2 The undertaking at clause 8.1 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 written 's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier’s '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 Buyer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Buyer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, The the Supplier: 8.2.1. (a) does not warrant that the Customer’s Buyer's use of the Services will be uninterrupted or error-free; or that the Services, Documentation Services and/or the information obtained by the Customer Buyer through the Services will meet the Customer’s Buyer's requirements; and 8.2.2. (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 Buyer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 8.3. 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 Agreementagreement. 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: Software as a Service Agreement

The Supplier's Obligations. 8.1. 7.1 The Supplier undertakes that the Services will be performed substantially in accordance with this Agreement the description for the Services set out in Schedule 1, and with reasonable skill and care. 8.2. 7.2 The undertaking at clause 8.1 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 written 's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier’s '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 Buyer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Buyer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1. Notwithstanding the foregoing, The the Supplier: 8.2.1. (a) does not warrant that the Customer’s Buyer's use of the Services will be uninterrupted or error-free; or that the Services, Documentation Services and/or the information obtained by the Customer Buyer through the Services will meet the Customer’s Buyer's requirements; and 8.2.2. (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 Buyer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 8.3. 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 Agreementagreement. 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: Software as a Service Agreement

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The Supplier's Obligations. 8.1. The Supplier undertakes that the Services will be performed substantially in accordance with this Agreement and with reasonable skill and care. 8.2. The undertaking at clause 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 written 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-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Notwithstanding the foregoing, The Supplier: 8.2.1. 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 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. 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 this Agreement.

Appears in 1 contract

Samples: Saas Agreement

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