Users Duties. 4.1 The user is responsible for ensuring that the IT infrastructure is adequate for fulfilling the con- tract. Specifically, the user must see to regular data back-up and the use of up-to-date anti-virus software. The provider is not liable for damages caused by viruses that could have been pre- vented through the use of the appropriate software. In this context, the limitations of liability pursuant to this § 7 of these terms of use apply as well.
4.2 The user must, as a rule, observe applicable law, including but not limited to the pertinent data- protection regulations, provisions under the criminal code as well as these terms of use. Specif- ically, the user is obligated to protect log-in data provided as well as any related identification and authentication mechanisms against unauthorized third-party access, and not to share such information with unauthorized third parties; it must further procure that staff to whom log-in data are provided act accordingly.
4.3 The Provider reserves the right to delete information from servers and block user accounts if these terms of use are violated. In cases of violations of applicable law, the Provider may pass the information in question on to the competent authorities.
4.4 The Provider reserves the right to block access to agreed services either wholly or in part if and to the extent that the user makes unlawful use thereof or breaches the duties set forth in these terms of use. In such a case, the user will be promptly informed by email.
4.5 The Provider bears no liability for the user’s own contents as a rule. Specifically, the Provider has no obligation to review such contents for possible violations of law. The user holds the Provider harmless from any and all justified claims that third parties assert against the latter on account of the infringement of their rights, for which the user bears responsibility. The user also bears the costs of the Provider’s legal defense, along with any and all court and legal fees at the rates stipulated by law. The user must advance a reasonable share of such costs to the Provider.
4.6 In the event that services contemplated herein infringe third-party property rights, the user will inform the Provider without delay and provide it with such information and other reason- able assistance as it may need for purposes of a defense.
Users Duties. 3.1 USER recognizes CATENA’s sole and exclusive ownership of the LOGO and undertakes not to derive any rights from the use of the LOGO and not to do any act or thing which might in any way impair CATENA´s right in the LOGO.
3.2 USER is entitled to exercise the simple right of use referred to in this agreement only.
3.3 USER may pass the LOGO on to third parties for a short period of time only, and provided that this exclusively serves internal technical purposes and is necessary for the installation of the LOGO or the use of the LOGO pursuant to Article 1.
3.4 If the Logo must be passed on to third parties pursuant to Article 3.3, USER must ensure that the third party is informed of the rights of use according to this Agreement. USER is strictly prohibited from granting any rights regarding the LOGO to third parties.
3.5 USER shall inform CATENA upon request as to whether, to what extent, and for what purposes the LOGO and/or the related digital data are stored.
3.6 USER shall release CATENA from all third party claims against CATENA arising from the use of the LOGO and shall compensate all damages incurred by CATENA as a result of such third party claims.
Users Duties. The USER Party undertakes, in relation to the OWNER Party, to:
6.4.1 Submit requests for sharing infrastructure items with the specification, technical data, characteristic of use and the period sharing is wanted, the dates on which the intended sharing is to begin and end and all other further information needed by the OWNER to evaluate and answer the request.
6.4.2 At any time supply the explanation and the technical information that may be requested by the OWNER, to allow the analysis and evaluation of the use of the approved shared items.
6.4.3 Keep the approved shared items under its responsibility, by force of an Agreement, in the same working condition, finishing and cleanliness they were found in when made available by the OWNER.
6.4.4 Carry out at its expenses construction, services or installations required for the use of the approved shared items under its responsibility by force of an Agreement, only after the approval of the respective technical projects and with a formal written authorization from the OWNER.
6.4.5 Ensure the OWNER itself or its duly authorized representatives, the right to inspect, when considered necessary, together with the USER, the constructions, services and installations made or being made, linked to the use of the approved shared items under its responsibility, in order to check if the USER’s contractual duties are being fulfilled.
6.4.5.1 If the services, facilities or buildings mentioned in the preceding item breach the procedures of access to the OWNER’s premises, or if they pose risks to the safety of persons and the OWNER’s or third party’s property, the former may halt such services, facilities or buildings, or have them undone and remade. It is hereby established that under no circumstances the lack of inspection or notice by the OWNER will exempt USER from its liabilities.
6.4.6 Keep an insurance policy and adequate protection against accidents and unforeseen events, for its facilities and equipment in the approved shared items, especially against theft, fire and acts of God, it being understood that the OWNER will not be held liable for any damage caused to the USER’s facilities and equipment, by accidents in the OWNER’s premises.
6.4.7 Acknowledge the acceptance of the approved shared items, when made available.
6.4.8 Notify the OWNER at least 7 (seven) days in advance, of the date, place and conditions of the arrival of the equipment and materials that will use approved shared items.
6.4.8.1 In case of emerg...
Users Duties. User will undertake the following activities in accordance with the terms of this Agreement:
a. At all times, have an identified designated company representative with authority to represent User. As of the date of the Agreement, the company representative is Xxxx Xxxx (phone: 000-000-0000).
b. At least forty-five (45) days prior to planned beginning construction of the Project, provide the City with a pre-use construction design, including a preliminary site plan identifying proposed site access points, and road crossings, to be attached as Exhibit B, along with the proposed transportation route(s) for the Project equipment attached as Exhibit C, subject to amendment. To the extent that said route(s) or plan necessitate User obtaining regulatory approvals requiring more than forty-five (45) days to obtain, construction shall not commence until said regulatory approvals are obtained by User. Said design must include:
i. Current load-bearing capacities of Roads, including any implicated bridges or culverts;
ii. Duration and schedule of proposed use, including weather conditions and subsurface hydrology;
iii. Proposed inspection and repair intervals;
iv. Stormwater and runoff improvements resulting from flow increases;
v. Submit floodplain permit application for any installation located in any floodplain vi. Environmental responses to dust, snow or ice;
vii. Detailed ongoing maintenance plan based on road classification;
viii. Number and weight of vehicles and which roads will be used by each vehicle (this may be demonstrated on preliminary site plan);
ix. Identify all Roads upon which widening of any corner radius necessary to facilitate the turning movements of the transport trucks used by User during construction of the Project; make any necessary improvements; and at the conclusion of construction, remove any such improvements as the City directs and restore the affected property to its original condition; Following provision of this proposed information by User, the parties shall negotiate reasonably and in good faith to reach a final agreement regarding the terms of User’s road use as it relates to the Project prior to User’s construction of the Project.
c. During construction, User shall:
i. Notify the City Public Works Director in advance of all oversize transportation and crane crossings over, across or along any Road;
ii. Transport or cause to be transported the tower segments and other oversize loads in a reasonable effort to minimize adverse impa...
Users Duties. User will:
(a) not request, direct, or cause TransactRx to use or disclose PHI unless the use or disclosure is in compliance with applicable law relating to the privacy and security of patient data and is the minimum amount necessary for the legitimate purpose of such use or disclosure;
(b) notify TransactRx of any limitation in its notice of privacy practices in accordance with 45 C.F.R. §164.520, to the extent that such limitation may affect TransactRx' use or disclosure of User PHI;
(c) notify TransactRx of any changes in, or revocation of permission by, an individual to use or disclose User PHI, to the extent that such changes may affect TransactRx' use or disclosure of User PHI; and
(d) notify TransactRx of any restriction on the use or disclosure of User PHI that User has agreed to in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect TransactRx' use or disclosure of User PHI.
Users Duties. User's duties shall include inspection of the Property subject to this Agreement prior to each use (including, but not limited to, the ice/turf surface, glass, boards, spectator stands and locker rooms), notifying Owner of any potential problems or defects, and crowd control during the specified times set forth in Exhibit 1. Moreover, User shall obtain the written release, hold harmless and waiver of claim of every participant (including the written consent of the parent or guardian for minor participants) in a manner and form satisfactory to Owner.
Users Duties
