Third Party Service Contracts. (10.03) The Vendor shall have access to and use of all of the third party services governed by the Third Party Service Contracts described in Part I of Schedule K to this Agreement. The Vendor shall have financial responsibility to reimburse Customer for the regular monthly charges with respect to, but shall not assume, those Third Party Service Contracts described by reference to Guatemala or Central America in Part II of Schedule K to this Agreement.
Third Party Service Contracts. (a) Subject to Section 6.6, as of July 15, 2002, Empire assigns to IBM, and IBM accepts such assignment for, the Third Party Service Contracts, including as identified in Schedule E. IBM shall be financially responsible for (or reimburse Empire in the case of prepayment of) the charges under the Third Party Service Contracts assigned to IBM where such charges are attributable to periods on and after the Effective Date. IBM shall have administrative responsibility for such Third Party Service Contracts and shall comply with the duties imposed on Empire by such Third Party Service Contracts.
(b) The Parties acknowledge that certain Software and Equipment maintenance and support agreements used by Empire prior to the Effective Date (including maintenance and support provisions incorporated into the related software license) are listed on Schedules F and G. These agreements shall be treated in the same manner as the Software or Equipment which is the subject of such agreement is treated under this Article 6 (for Equipment) and Article 7 (for Software), including whether such agreement is retained by Empire or assigned to IBM, and the allocation of financial, operational, and administrative responsibility as between the Parties. For example, if certain Software on Schedule F is being retained by Empire (i.e., not assigned to IBM), but IBM is assuming financial, operational and administrative responsibility with respect to such Software, the retention and allocation of responsibility with respect to the underlying maintenance agreement shall be handled the same as the Software. The Software and Equipment maintenance and support agreements and provisions described in this Section 6.5(b) shall constitute Third Party Service Contracts for purposes of this Agreement.
(c) Prior to entering into any new third party service contract to provide the Services (including an extension or modification of a Third Party Service Contract that is assigned or made available by Empire to IBM pursuant to Section 6.5(a)), IBM shall comply with the following:
(i) IBM shall use Commercially Reasonable Efforts to obtain, at no additional cost to Empire, any transfer or assignment rights necessary for Empire to use such third party service contract, for Empire or Empire's designee to continue providing the Services after the applicable termination or expiration effective date.
(ii) IBM shall determine whether such third party vendor will grant such transfer or assignment rights in favor...
Third Party Service Contracts. Unless otherwise notified by the Board, Operator shall enter into and pay for all service contracts necessary to operate and manage the Veterans Home in a manner consistent with all applicable federal, state, and local laws, regulations, and the terms of this Agreement. All contracts between Operator and a third-party for such services shall require the third-party to allow the assignment, at the Board’s direction, of Operator’s rights and obligations under such contracts to the Board or Operator’s successor operator chosen by the Board. Operator shall use its good faith efforts to maintain compliance with all contracts. Operator shall execute such contracts in its legal capacity. Prior to engaging any contractor, Operator shall provide a background check, and shall verify the contractor’s eligibility for receiving state or federal contracts, using the Vendor Relations Program of the Texas Comptroller of Public Accounts for suspended and debarred vendors; and the federal procurement or non- procurement program exclusion records accessible through the federal government's System for Award Management (“XXX”). In the event that any third-party service contracts are entered into by the Board (rather than Operator) then, in such event, Operator shall have the right to consult with the Board on any contracts which have an effect on Operator’s ability to comply with the terms of this Agreement. If at any time during the term of this Agreement Operator shall present to the Board objective evidence of any non-compliance by any contractor selected by the Board, which non- compliance impairs or affects Operator’s ability to effectively perform its functions under this Agreement, the Board shall secure corrective action by the contractor in default thereof, up to and including termination.
Third Party Service Contracts. (10.03) The Vendor shall have access to and use of all of the third party services governed by the Third Party Service Contracts described in Part I of Schedule K to this Agreement. The Vendor shall have financial responsibility to reimburse Customer for the regular monthly charges with respect to, but shall not assume, those Third Party Service Contracts described by reference to Brazil in Part II of Schedule K to this Agreement.
Third Party Service Contracts. (a) On or before the Effective Date of each Statement of Work, Hillwood will provide Pxxxx Systems with a list of all Third Party Service Contracts related to the Services to be provided pursuant to that Statement of Work. Pxxxx Systems will assume management responsibility for those identified Third Party Service Contracts as of the applicable Effective Date, and Hillwood will retain financial responsibility for those Third Party Service Contracts at all times during the Term of that Statement of Work.
(b) During the Term of each Statement of Work:
(1) Hillwood will make available to Pxxxx Systems the services provided by third parties under each Third Party Service Contract and used by Hillwood before the Effective Date of that Statement of Work in performing the services and functions assumed by Pxxxx Systems thereunder.
(2) Pxxxx Systems will have administrative and management responsibility for managing those third party services to the same extent as if Pxxxx Systems were the contracting party for them, provided that Pxxxx Systems shall not increase Hillwood’s obligations under such without Hillwood’s prior written consent. Hillwood will retain sole authority to execute amendments to the Third Party Service Contracts, and upon Pxxxx Systems’ reasonable request, Hillwood will act to terminate those Third Party Service Contracts at the earliest available opportunity.
Third Party Service Contracts. The Parties shall mutually determine whether to assign to Service Provider third party service contracts relating to maintenance support for transferred Customer Third Party Software. Any assignment of such contracts will be for operational purposes only. All administrative or financial responsibility for such third party service contracts will be the sole responsibility of Company.
Third Party Service Contracts. Subject to Section 3.5, financial, administrative and operational responsibility for Phoenix's and its Affiliates' Third Party Service Contracts shall be allocated as set forth on Schedule G (Third Party Contracts). For those Third Party Service Contracts for which Vendor has financial responsibility, Vendor shall pay directly, or promptly _______________________________________________________________________________________________________________ July 29, 2004 Phoenix and Vendor CONFIDENTIAL Page 26 BRMFS1 509411v3 Technology Services Agreement _______________________________________________________________________________________________________________ reimburse Phoenix if Phoenix (or any of its Affiliates) has paid, all such costs that are attributable to periods from and after the assumption of such responsibility. Vendor and its Affiliates shall comply with the duties imposed on Phoenix and its Affiliates by such Third Party Service Contracts.
Third Party Service Contracts. The provisions of Article 11 of the Master Agreement are hereby incorporated by reference into this Country Agreement, mutatis mutandis.
Third Party Service Contracts. (10.03) The Vendor shall have access to and use of all of the third party services governed by the Third Party Service Contracts described in Part I of Schedule K to this Agreement. The Vendor shall have financial responsibility to reimburse Customer for the regular monthly charges with respect to, but shall not assume, those Third Party Service Contracts described by reference to Colombia in Part II of Schedule K to this Agreement. -- Panamco / EDS Confidential -- XII. INSURANCE (12.01) It is agreed that the requirements of Section 12.01 of the Master Outsourcing Agreement shall be satisfied by EDS maintaining the insurance described therein throughout the term of this Agreement, with the endorsements required by Section 12.01(b) and the certificates and notices required by Section 12.01(c) provided to Administracion S.A. de C.V., an affiliate of Customer organized under the laws of Mexico for the benefit collectively of Customer and each of the affiliates of Customer party to a Latin America Agreement. XIII. PAYMENT TO VENDOR (13.01, 13.03, 13.12, 13.14)
A. Baseline Service Fees Baseline Service Fees and the Baseline Resources included in such Fees are defined in Schedule F to the Agreement. In those instances where fees or amounts with respect to more than one country are indicated on such Schedule F, the fees and amounts applicable to this Agreement shall be those identified by reference to Colombia. Such Baseline Service Fees are not calculated on a "cost-plus" basis as anticipated by the Global Pricing Exhibit attached to and part of the Master Agreement, and therefore shall not be subject to the Global Volume Discounts as described in such Global Pricing Exhibit.
B. Retained and Pass Through Expenses Retained and Pass Through Expenses are defined in Schedule F to the Agreement.
C. Incidental and Other Charges Each of Customer and Vendor shall be responsible for the incidental expenses that may be incurred by Vendor as provided in Schedule F to this Agreement.
D. Increase or Reduction in Fees Customer shall pay Additional Volume Charges (also referred to as "ARCs" or "AVCs") and be entitled to receive Reduced Volume Credits (also referred to as "RRCs" or RVCs") as defined in Schedule F to this Agreement. Each of Customer and Vendor acknowledge that the fees payable under this Agreement for any New Services that are Inscope Infrastructure Services shall be based upon the Global Pricing Exhibit attached to and part of the Master Agreement, if other New...
Third Party Service Contracts. Subject to having obtained any Required Consents, VENDOR CONSORTIUM's legal, financial and/or operational responsibility for Third Party Service Contracts shall be as set forth in Schedule F. VENDOR CONSORTIUM shall comply with duties imposed under such Third Party Service Contracts, and SIRVA grants to VENDOR CONSORTIUM for the sole purpose of performing the Services, the same rights of access to, and use of, such contracts that SIRVA has with respect to such Third Party Service Contracts.
