Third Party Carriers Clause Samples
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Third Party Carriers. With the prior written consent of an Amazon Leadership Representative (which may be granted or withheld in Amazon’s sole discretion), Sun Country may contract for the performance of Services with one or more third party certificated cargo air carriers (a “Third Party Carrier”). Sun Country and any Third Party Carrier is referred to individually as a “Carrier.” References to Third Party Carriers in this Agreement does not imply that the use of Third Party Carriers will be permitted and, if Amazon consents to the use of a Third Party Carrier: (a) Amazon’s payment obligations will not exceed the amount that would have been paid by Amazon had the flights been operated by Sun Country under the relevant Carrier Work Order; and (b) Sun Country will be solely responsible for the performance of the Third Party Carrier with respect to the determination of whether Sun Country has met the Performance Standards. Sun Country will remain jointly and severally responsible for the provision of Services notwithstanding any contracting of Services to any Carrier. Each Carrier performing Services under this Agreement will enter into a Carrier Work Order in the form of Exhibit B (a “Carrier Work Order”).
Third Party Carriers. Customer will provide for the operation, maintenance and monitoring of the Neutral Host DAS and be responsible for administering and monitoring the integration of any third party FCC licensed mobile service carrier (“Carrier”) with the Neutral Host DAS.
Third Party Carriers. CARRIER shall not allow a third party carrier to transport any load of goods brokered to CARRIER by BROKER without BROKER’s prior express written consent, in which as the third party carrier must first sign a transportation contract with BROKER similar to the foregoing or if CARRIER had become an “Authorized Broker” for the BROKER and have executed a BROKER-CARRIER AGREEMENT with the BROKER prior to assignment. In any event, the CARRIER is responsible and liable for any and all actions of a third party carrier as if they were their own.
Third Party Carriers. Subscriber acknowledges that all radio paging, digital paging, numeric paging, alphanumeric paging, PCS dispatching, text messaging, and emailing done by Company is performed through third party carriers and Company liability for transmissions ceases upon the acceptance or verification of paging data sent to the appropriate carrier. No warranties are given or assumed as to the reliability of such third party carriers.
Third Party Carriers. (a) As soon as reasonably practicable following the date of this Agreement, but in any event no later than seven (7) Business Days after the date of this Agreement, Buyer shall enter into good faith negotiations with the three third party carriers specified on Section 4.18(a) of the Disclosure Schedules with whom Sellers have entered into agency agreements (the “Third Party Carriers1.1(a)" ”) and the Buyer shall use its reasonable best efforts to enter into agency agreements with and be appointed as an agent by the Third Party Carriers as promptly as possible.
(b) Pursuant to Section 4.18(b) of the Disclosure Schedules and Section 4.18(c), the Third Party Accountant shall calculate (i) the “Buyer’s Estimated Total Annual Third Party Carrier California Commissions” (as defined in Section 4.18(b) of the Disclosure Schedules), (ii) the difference, if any, between the “Sellers’ Total 2014 Third Party Carrier California Commissions” (as defined in Section 4.18(b) of the Disclosure Schedules) and the Buyer’s Estimated Total Annual Third Party Carrier California Commissions and (iii) the California Purchase Price Adjustment (as defined below).
(c) The Third Party Accountant’s calculation of the amounts specified in clauses (i), (ii) and (iii) of Section 4.18(b) shall be reflected in a statement (the “Accountant’s Statement1.1(c)" ”) to be delivered by the Accountant to Sellers and Buyer no later than 30 calendar days following receipt of the Buyer’s Statement (as defined in Section 4.18(b) of the Disclosure Schedules). If the Sellers’ Total 2014 Third Party Carrier California Commissions are greater than the Buyer’s Estimated Total Annual Third Party Carrier California Commissions, then the Purchase Price shall be reduced by an amount equal to one-half of such excess (the “California Purchase Price Adjustment1.1(c)" ”); provided, that in no event shall the California Purchase Price Adjustment be greater than $1,000,000. Examples of the Third Party Accountant’s calculation to be made pursuant to this Section 4.18 are set forth on Section 4.18(c) of the Disclosure Schedules. Notwithstanding anything to the contrary in this Agreement, if despite Buyer’s reasonable best efforts to enter into agency agreements with and be appointed as an agent by the Third Party Carriers pursuant to Section 4.18(a) by the time the Accountant’s Statement is final, Buyer is not able to enter into an agency agreement with a Third Party Carrier, then the amount of such Third Party Carrier...
Third Party Carriers. Unless otherwise stated in the Order Form, you are responsible for ordering:
6.4.1. all lines or circuits you require from third-party carriers to receive the Services; and
6.4.2. any necessary cross-connects from iomart subject to paying iomart's cross-connect charges. You will ensure that third-party carriers install those circuits in your name. You will be solely responsible for those circuits and for all payments due to the carriers. You will notify the carrier directly when you wish to end or change those circuits.