Third Party Changes Sample Clauses
Third Party Changes. Subject to the provisions of this Section 9.5, in the event MCI desires to make or to have a third party make software changes to the RMH Equipment, RMH LAN and/or RMH file server, RMH agrees to allow MCI, under RMH’s supervision, to install or to have installed at the RMH Centers all such software changes, provided such changes do not invalidate any warranties on the RMH Equipment. MCI’s right to such changes is subject to RMH’s consent, which shall not be unreasonably withheld. If approval of the provider of RMH Equipment is required, RMH shall use reasonable efforts to obtain approval and shall provide MCI with a written copy of any approval or disapproval. MCI will be responsible for maintaining any such software changes and RMH shall not be responsible for any failure to meet its obligations under the Agreement in the event that such failure is caused by the MCI-initiated software changes. RMH shall have no legal obligations with respect to the MCI-initiated changes except as set forth in this Section 9.5, and, notwithstanding any limitations or exclusions of liability under this Agreement, MCI shall indemnify, defend and hold harmless RMH from and against all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising in any way out of such MCI-initiated changes or the installations thereof. MCI hereby grants RMH, or shall cause the third party to grant to RMH, for the term of this Agreement and any renewals hereof, a non-transferable, royalty-free, non-exclusive license to use such software at its RMH Centers only and only in conjunction with the provision of Services. All such MCI-initiated software changes (except those made to MCI Proprietary Software) shall be the exclusive property of RMH or its licensors, and MCI hereby assigns, and shall cause any third parties contemplated by this Section 9.5 to assign, all right, title and interest in and to such software changes to RMH or its licensors, as applicable.
Third Party Changes. The Company may adjust its fees or procedures as a result of changes in pricing or procedures by any third-party provider or regulator of a product or service used by the Institution. Such new prices or procedures will be applicable to the Institution as of the effective date established by the third-party provider or regulator, or as of any later date specified in the Company’s notice to the Institution. (Example: The merchant discount fee or convenience fee is subject to change by the Company upon thirty (30) days’ advance notice if the Company’s bank merchant rate increases due to changes made by Visa, MasterCard, Discover, or American Express.) The Company reserves the right to increase fees at any time in an amount necessary to offset the cost of rising postal rates associated with the refunds process, if applicable. Notwithstanding the foregoing, the Company reserves the right to periodically adjust its prices to address changing market conditions and other business realities. These increases will be infrequent, well-communicated, and cause for immediate termination by the Institution if deemed unreasonable by the Institution in its sole discretion.
Third Party Changes. The Customer also acknowledges that any Third Party Software provider may make changes to their terms and conditions from time to time, provided that where any such changes substantially adversely affect the Customer's receipt of the Equipment, Software or any of the Services, TES will: (a) give the Customer reasonable notice of not less than 30 days of such change prior to it being implemented; (b) promptly provide the Customer details of any Third Party Software provider change as soon as TES has been notified in writing by such third party and the effects that this will have upon the Software and Services purchased by the Customer, and following receipt of this notice Customer will have until the date the change is to come into effect to indicate its wish to TES to terminate its licence for that Third Party Software, such termination to take effect at the earliest possible opportunity in accordance with Schedule 2, in whole or in part with no liability for any further payments not outstanding on the date of termination.