Third Party Equipment. If you use Equipment that is not provided by us, it is your responsibility to ensure that it complies with the Card Brand Rules and Regulations and the Data Security Standards at all times. You must consult with us to ensure that your Equipment meets our specifications and, if required, is properly certified by us. You are required to have an imprinter to permit your stores or locations to process Transactions in accordance with the Operating Manual and Procedures when your electronic system is not working or if your Terminals are unable to read a Card. You may rent imprinters from us for a fee or you may rent or buy them from another provider, but it is your responsibility to ensure that you have an imprinter and that you use it in accordance with the Operating Manual and Procedures.
Third Party Equipment. For any Equipment used by Merchant that is not provided by PayFacto (“Third Party Equipment”), Merchant shall always ensure such Third-Party Equipment’s compliance with the Card Brand Rules and Regulations and the Data Security Standards. Before using any Third-Party Equipment, Merchant must consult with PayFacto to ensure that such Third- Party Equipment meets PayFacto’s specifications and, if required, is properly certified by PayFacto. If Merchant is using Third Party Equipment, Merchant shall: i) inform Payfacto if any Third-Party Equipment is going to be sold, destroyed, or put under repair; and ii) destroy the cryptographic keys in Merchant’s Terminals prior to having them repaired or selling or destroying Merchant’s Terminals.
Third Party Equipment. PBI makes no warranty of any kind as to the Equipment sold hereunder but manufactured by a third party. PBI agrees to pass through to Client all third party warranties it receives on such Equipment to the extent such warranties are transferable. Further, any Maintenance Services performed by PBI will not include maintaining such Equipment.
Third Party Equipment. To the extent that Provider provides Customer with any equipment, Provider will pass on to Customer the benefit of any manufacturer’s warranty. If, pursuant to the terms of those warranties, the rights thereunder are not assignable, Provider agrees, to the extent possible, to assert its rights under those warranties, representations, and indemnities on behalf of Customer.
Third Party Equipment. “Third-Party Equipment” shall mean any equipment which is leased or rented by Customer from a third party pursuant to a lease or rental agreement (a “Third-Party Lease”) and set forth on Schedule 3 attached hereto that will be covered by the Services or, in the event Ricoh is providing the TRAC Solution to Customer, as set forth in the TRAC database as maintained by Ricoh. In the event of a conflict between Schedule 3 and any TRAC database maintained by Xxxxx xxxxxxxxx, the TRAC database shall control. Ricoh shall have no obligation, and does not assume any obligation, under the Third-Party Lease between Customer and the third-party.
Third Party Equipment. Any (i) equipment and property leased from a third party or otherwise not owned by a Seller or its Affiliate that may be located on a Lease, and (ii) pipelines, fixtures, equipment and other assets which belong to third parties (other than affiliates of a Seller) such as lessors, purchasers and transporters of hydrocarbons; (iii) pipelines, fixtures, equipment and other assets belonging to Affiliates of the Sellers (other than the Easements);
Third Party Equipment. The Company shall not permit any third party to use any Alignment occupied or used by the Company under this Agreement, unless the third party first provides evidence to the Company that it has entered into an agreement with the Municipality in respect of such use.
Third Party Equipment. (a) With respect to any Third Party Equipment furnished by Seller to Buyer, Seller shall secure from the applicable manufacturers such warranties and indemnities as may be available with respect to such Third Party Equipment, and assign and pass to Buyer all available warranties and indemnities for such Third Party Equipment to the extent legally assignable. In the event such warranties and indemnities are not assignable to Buyer, Seller shall enforce, if necessary, such warranties and indemnities on [*] Confidential treatment requested. Buyer's behalf. In addition to the above, Seller shall, at Buyer's request, register Buyer with any and all Third Party Equipment vendors (for Third Party Equipment that constitute systems as opposed to individual components) such that Buyer is acknowledged as a support obligation of the Third Party Equipment vendors and Buyer can receive and obtain product notices directly from the Third Party Equipment vendors. Seller shall produce evidence of such registration within [*] calendar days from the date Buyer requests that Seller obtain such registration.
(b) All Third Party Equipment unless otherwise stated in this Agreement, or in the Third Party warranties, will follow the same repair and return procedures as set forth in subsection 13.01 herein, (Seller Supplied Equipment).
Third Party Equipment. For any Facility equipment furnished through Service Provider, Service Provider shall (i) designate Owners as an express third-party beneficiary of such warranties, (ii) provide copies of all warranties and applicable contracts to Owners, and (iii) ensure that all available warranties are assigned to and operate for the benefit of Owners.
Third Party Equipment. (a) Subject to this clause 9.3, TowerCo may agree to a third party installing or readjusting its Equipment on or in a Facility in accordance with this Agreement, provided the third party’s Equipment will not interfere in any way with any of the Operator Equipment.
(b) For the purpose of clause 9.3(a), TowerCo must advise the Operator at least 10 Working Days before the installation and commissioning or material readjustment of the third party’s Equipment.
(c) If the Operator is of the opinion that the third party’s Equipment will interfere in any way with any of the Operator Equipment, it may advise TowerCo to that effect within 5 Working Days and TowerCo will have regard to that advice and must act reasonably and in good faith in respect of that advice.
(d) If, within one month of the commission or readjustment, the Operator provides TowerCo with reasonable evidence that it is suffering interference allegedly caused by the third party’s Equipment commission or readjustment, TowerCo (i) will presume that the third party who recently installed or adjusted its Equipment is the cause of the interference and (ii) take immediate corrective action with such third party to remove the interference. TowerCo and the Operator must immediately retest for interference. If the third party does not cease any interfering operation within 72 hours after the initial notice, and a joint investigation conducted by TowerCo and the Operator confirms that the third party may be the cause of the interference, then TowerCo shall disconnect the interfering third party’s Equipment until such time as the third party effects the repairs necessary to eliminate the interference.
(e) TowerCo will ensure that it is a condition of giving permission to a third party to install or readjust its Equipment on or in the Facility or a Site, that the third party agrees to comply with terms consistent with this clause 9 of this Agreement in relation to the third party’s use of the Facility or Site.
(f) TowerCo will notify the Operator if it is unable to obtain the third party’s agreement to the terms referred to in clause 9.3(e), and in such case the Operator may refuse to consent to the installation by the third party of the third party’s Equipment.
(g) If the third party’s Equipment needs to be moved, powered down or turned off in order for the Operator to install or maintain the Operator Equipment within the Reserved Capacity and any agreed Additional Capacity, then TowerCo will be responsible f...
