TRANSPORTATION OF DATA. In the event that Client desires that JXX provide Proof of Deposit Services, Image Capture Services, or MICR recognition Services, the following section shall apply regarding the transportation of the items to be so serviced. The parties acknowledge that reliable transportation of Client’s input data and its processed work is necessary for JXX to perform in accordance with the Agreement. Accordingly, Client may either provide its own transportation of both the input data and processed work or it may elect to authorize JXX to contract for an authorized carrier to provide the transportation services and/or utilize JHA’s own or its agent’s vehicles to transport Client’s input data and processed work for a fee as shown in Exhibit “A”. In the event Client elects to authorize JXX to provide the transportation services and JXX elects to contract for a carrier to provide the necessary transportation services, such services will be rendered under the terms and conditions of a contract between JXX and said carrier or courier which such contract shall be made a part hereof by reference. JXX reserves the right to change carrier or couriers from time to time during the term of this Agreement. Client has the right to obtain from JXX a copy of the contract which is in effect upon written request to JXX. Client agrees that it is a third party beneficiary of said contract and any other which JXX may elect to become a party to in the fulfillment of the terms of this Agreement. As such, it agrees to be bound by and subject to all terms and conditions of these courier contracts, including, but not by way of limitation, any limitation of liability provisions. It is the intent of the parties that JHA’s liability to Client or third parties for losses in transit, if any, shall be the same as the liability of the carrier to JXX under its Agreement. In the event JXX elects to utilize its own or its agent’s vehicles to render the transportation services necessary for the performance of this Agreement, then the parties agree to be bound by a Compensation Schedule for such services, which shall be mutually agreed upon. Accordingly the same limitation of liability provisions as provided in standard courier contracts or such additional agreements as may be required by JXX to perform such courier services shall apply whether any claim is by JXX and/or Client against the authorized carrier or Client against JXX utilizing its own or its agent’s vehicles.
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Samples: Data Processing Services Agreement (Reliance Bancshares, Inc.), Data Processing Services Agreement (Reliance Bancshares, Inc.)
TRANSPORTATION OF DATA. In the event that Client desires that JXX provide Proof of Deposit Services, Image Capture Services, or MICR recognition Services, the following section shall apply regarding the transportation of the items to be so serviced. The parties acknowledge that reliable transportation of Client’s 's input data and its processed work is necessary for JXX to JHA xx perform in accordance with the Agreement. Accordingly, Client may either provide its own transportation of both the input data and processed work or it may elect to authorize JXX to JHA xx contract for an authorized carrier to provide the transportation services and/or utilize JHA’s 's own or its agent’s 's vehicles to transport Client’s 's input data and processed work for a fee as shown in Exhibit “"A”". In the event Client elects to authorize JXX to JHA xx provide the transportation services and JXX elects JHA xxxcts to contract for a carrier to provide the necessary transportation services, such services will be rendered under the terms and conditions of a contract between JXX and JHA xxx said carrier or courier which such contract shall be made a part hereof by reference. JXX reserves JHA xxxerves the right to change carrier or couriers from time to time during the term of this Agreement. Client has the right to obtain from JXX a copy JHA x xopy of the contract which is in effect upon written request to JXXJHA. Client Xxient agrees that it is a third party beneficiary of said contract and any other which JXX may JHA xxx elect to become a party to in during the fulfillment of the terms term of this Agreement. As such, it agrees to be bound by and subject to all terms and conditions of these courier contracts, which shall be standard courier contracts, including, but not by way of limitation, any limitation of liability provisions. It is the intent of the parties that JHA’s 's liability to Client or third parties for losses in transit, if any, shall be the same as the liability of the carrier to JXX under JHA xxxer its Agreement. In the event JXX elects JHA xxxcts to utilize its own or its agent’s 's vehicles to render the transportation services necessary for the performance of this Agreement, then the parties agree to be bound by a Compensation Schedule for such services, which shall be mutually agreed upon. Accordingly the same limitation of liability provisions as provided in standard courier contracts or such additional agreements as may be required by JXX to JHA xx perform such courier services shall apply whether any claim is by JXX JHA and/or Client against the authorized carrier or Client against JXX JHA utilizing its own or its agent’s 's vehicles.
Appears in 1 contract
Samples: Data Processing Services Agreement (New Commerce Bancorp)
TRANSPORTATION OF DATA. In PCS6.1 If the event that Client desires that JXX provide Processing Services Schedule includes Proof of Deposit ServicesDeposit, Image Capture ServicesCapture, or MICR recognition Processing Services, the following section shall apply regarding the transportation of the items to be so serviced. .
PCS6.2 The parties acknowledge that reliable transportation of ClientCustomer’s input data and its processed work is necessary for JXX XXX to perform in accordance with the Agreement. Accordingly, Client Customer may either provide its own transportation of both the input data and processed work or it may elect to authorize JXX XXX to contract for an authorized carrier to provide the transportation services and/or utilize JHA’s own or its agent’s vehicles to transport ClientCustomer’s input data and processed work for a fee as shown in Exhibit “A”. the Schedule.
PCS6.3 In the event Client Customer elects to authorize JXX XXX to provide the transportation services and JXX XXX elects to contract for a carrier to provide the necessary transportation services, such services will be rendered under the terms and conditions of a contract between JXX XXX and said the carrier or courier which such contract shall be made a part hereof by reference. JXX XXX reserves the right to change carrier or couriers from time to time during the term of this Agreement. Client Customer has the right to obtain from JXX XXX a copy of the contract which is in effect upon written request to JXXXXX. Client Customer agrees that it is a third third- party beneficiary of said the contract between XXX and the carrier or courier and any other which JXX XXX may elect to become a party to in the fulfillment of the terms of this Agreement. As such, it agrees to Customer shall be bound by and subject to all terms and conditions of these courier contracts, including, but not by way of limitation, any limitation of liability provisions. It is the intent of the parties that JHA’s liability to Client Customer or third parties for losses in transit, if any, shall be the same as the liability of the carrier to JXX XXX under its Agreement. .
PCS6.4 In the event JXX XXX elects to utilize its own or its agent’s vehicles to render the transportation services necessary for the performance of this Agreement, then the parties agree to be bound by a Compensation Schedule compensation schedule for such services, which shall be mutually agreed upon. Accordingly the same limitation of liability provisions as provided in standard courier contracts or such additional agreements as may be required by JXX XXX to perform such courier services shall apply whether any claim is by JXX XXX and/or Client Customer against the authorized carrier or Client Customer against JXX XXX utilizing its own or its agent’s vehicles.
Appears in 1 contract
Samples: Master Software License, Maintenance and Services Agreement (Southside Bancshares Inc)