Third Party Items. The Service Provider must ensure that Health has the benefit of any warranties, indemnities and other protections provided by any third party in relation to any Equipment, Software or other items or services provided to Health by the Service Provider but this does not in any way relieve the Service Provider from meeting its obligations under this Services Agreement (including to meet the Outcomes).

Third Party Items. Certain Third Party Items may be incorporated into Products or Products may be used in conjunction with Third Party Items. Third Party Items, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of the third party licensor and End User acquires no ownership rights in the Third Party Item. Third Party Items may contain unpublished information and embody valuable trade secrets proprietary to the third party and its suppliers and licensors. Third Party Items shall constitute “Confidential Information” and may be or contain trade secrets for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Third Party Items, or any other unpublished or confidential information about the Third Party Items. Third Party Items may be subject to: a. separate and/or additional fees, b. a limited license or usage period, c. license conditions and/or restrictions (including, without limitation, Third Party Item can only be used: in conjunction with a Product; by a specified type of users; by a specified number of named-users; on a specified type or number of servers; in compliance with other system characteristics, usage, installation environments, archiving requirements; with data models provided by Sandvine; for a limited time period; by the specific End User without any right to transfer or assign the Third Party Item to anyone else), and d. separate, additional and/or different terms, conditions, warranties and/or support. Sandvine will use commercially reasonable efforts to provide applicable information about Third Party Items to the End User in a timely manner. If the third party provides a warranty or support directly to end users for the Third Party Item then End User shall be entitled to such warranty or support from the third party. Notwithstanding the foregoing: (I) nothing in this Agreement is intended to extend to any End User any warranty, support or indemnity obligation on behalf of any third party by Xxxxxxxx; and (II) there is no warranty or support provided by Sandvine for any Third Party Items unless and to the extent specifically and expressly stated by Sandvine in this Agreement. End User shall assume sole responsibility for End User’s selection,...

Third Party Items. 9.1 For the purposes of the Agreement, “Third Party Items” shall mean software, services, activities, content, materials, documents, graphics, products, goods or devices supplied by a third person or entity (i.e. other than Supadata) to the User.

Third Party Items. Where you are responsible for providing third party items (such as software or hardware), you shall procure the necessary licences or consents for you and us to use such items for the purposes of the Agreement.

Third Party Items. Customer agrees to purchase, install and maintain all necessary or appropriate Hardware, third party software, and/or operating system(s) as recommended and agreed with SKYWIRE for use with the Intellectual Property. All Hardware, network and related systems, operating system(s), and other third party software acquired pursuant to the foregoing, including ongoing support and upgrades for any such items are the sole responsibility of Customer. SKYWIRE shall not provide any support necessitated by, and disclaims all damages arising in connection with, data corruption or disruption or modification of the Intellectual Property caused by third party software or third party interfaces.

Third Party Items a. Company represents and warrants that: i. It has the legal authority to deposit and negotiate all Third Party Items, regardless of the name of the payee shown on the check; ii. It has obtained written authorization from each third party payee, including but not limited to those provided as Acceptable Payees, for Bank to endorse such Third Party Items as payable to Company and to deposit such items into Company’s Lockbox Account; iii. Such third party payee authorization includes an assignment to Company of the third party payee’s right, title and interest in and to each of such Third Party Item; iv. Company will retain a copy of each such third party payee authorization for at least seven (7) years after the termination of the Agreement and will provide a copy of any such authorization to Bank upon request; and v. Each such third party payee authorization shall be in effect and fully operative at all times that Bank provides Lockbox Service under the Agreement with respect to such Third Party Items. b. Company agrees to indemnify Indemnified Parties against, and hold the Indemnified Parties harmless from Losses and Liabilities suffered or incurred by any of the Indemnified Parties as a result of, or in connection with, Bank’s acceptance of Third Party Items in accordance with this Service Description and the Agreement. The indemnification set forth in this Section shall be in addition to, and not in lieu of, indemnification and other rights of Bank under the Agreement. c. Company will also be liable for repayment of any overdrafts and/or fees related to the return of any Third Party Items, regardless of the balance in Company’s Account at the time the check was deposited or returned. d. Bank reserves the right to reject any check for deposit and discontinue the acceptance of Third Party Items at its discretion, without liability to Company.

Third Party Items. For third party items described in this Section 4.01 which are procured by Contractor in the performance of Services, Company shall be billed at Contractor's actual cost including discounts, if any, and only for the items actually used in performance of the Services, plus any applicable handling charges as provided in this Section 4.01. Should special tools, materials, goods, apparatus, equipment, or services, other than those (i) designated by Company to be provided directly by Contractor or (ii) for which there is a price stated in Price List(s), be necessary for the performance of the Services hereunder, Company and Contractor shall agree upon the cost and the manner in which they are to be furnished beforehand. Such agreement shall be in writing for any handling fee anticipated to exceed $ 500 for a particular Services request. Company shall not be responsible or charged for any handling fees for third party rentals, unless said charges are approved in writing by Company. If any of the above items are supplied by Contractor, invoices for the same will be submitted at Contractor's cost plus an agreed handling charge based on the following scale: Invoice Cost US $ Handling Fee % of Cost ----------------- ---------------------- 0 - 1,999 [omitted - confidential] 2000 - 19,999 20,000 - 199,999 200,000 - and higher The foregoing handling charge shall apply regardless and in lieu of any administration or handling fee or charge which may be set forth in any Price List(s) or other published prices of Contractor in effect from time to time. Attached to and Made a Part of The Master Services Contract Dated May 30, 1997 Between Conoco Inc. and TransTexas Gas Corporation FORM OF REQUEST FOR SERVICES ARTICLE 1. REQUEST FOR SERVICES Company's Request for Services may be submitted to Contractor by an authorized Company Representative or Designee in various formats. The contents of such documentation shall contain information which may include, but not be limited to the following: EXAMPLE (To be issued by Company on its Company letterhead to Contractor Representative.) Date:_______________ (hereinafter "RFS Effective Date") Contract No.: __________________ AFE No.: ____________________ Contractor's Address: ____________________ ____________________ To the Attention of: ____________________ Subject: Request for Services number ____________________, to provide (describe type of Services) Company requests that Contractor, in accordance with the Master Services Contract d...

Third Party Items. Renaissant does not control, and will under no circumstances be liable or responsible for, any use of the Services in conjunction with any content, hardware, software, technology, or services not provided by Renaissant or its Hardware Partners (“Third Party Items”). All such use will be at Customer’s sole risk and liability. The ability to use Third Party Items in connection with the Services does not imply any endorsement by, and Xxxxxxxxxx makes no representations or warranties with respect to, any Third Party Items.

Third Party Items. Except as otherwise agreed upon by the Parties in writing, the warranties, obligations and liabilities of Lexmark and the remedies of Customer with respect to any materials, software or content of third parties in connection with this Agreement will be limited to whatever recourse may be available against the third party provider of such materials. LEXMARK MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATERIALS OR ITEMS FURNISHED BY OR ON BEHALF OF CUSTOMER OR ANY END USER.

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