Utilities and Services All utilities for the Premises which are not separately metered as well as all utilities for the common areas of the Building and maintenance services will be provided by Landlord, subject, however, to reimbursement pursuant to Article 9 below. Heat and air-conditioning (“HVAC”) required to be furnished by Landlord will be furnished whenever the same shall, in Landlord’s reasonable judgment, be required for Tenant’s comfortable use and occupancy of the Premises during the Building’s Standard Hours (the “Building’s Standard Hours” shall mean Monday through Friday, 8:00 a.m. to 6:00 p.m., holidays excluded). In addition, Landlord shall provide janitorial services to the Premises and common areas of the Building, in a manner generally consistent with similar office buildings. Throughout the Term, Landlord also shall furnish to Tenant (i) operable restrooms for general use of tenants of the Building, (ii) hot and cold water for lavatory and drinking purposes; (iii) elevator service (if applicable), in common with other tenants, to the floor on which the Premises are located, and (iv) replacement of Building-standard light bulbs and fluorescent tubes, provided that the cost of such bulbs and tubes shall be paid by Tenant. All services shall be consistent with those provided in other first-class office buildings in the geographic area in which the Building is located. Tenant agrees to pay all separately metered utilities required and used by Tenant in the Premises. Landlord reserves the privilege of stopping any or all of such services in case of accident or breakdown, or for the purpose of making alterations, repairs or improvements, and shall not be liable for the failure to furnish or delay in furnishing any or all of such services when same is caused by or is the result of strikes, labor disputes, labor, fuel or material scarcity, or governmental or other lawful regulations or requirements, or the failure of any corporation, firm or person with whom the Landlord may contract for any such service, or for any service incident thereto, to furnish same, or is due to any cause other than the negligent act or omission of Landlord; and the failure to furnish any of such services in such event shall not be deemed or construed as an eviction or relieve Tenant from the performance of any of the obligations imposed upon Tenant by this Lease (including the obligation to pay Rent). Landlord shall not be responsible to the Tenant for loss of property in or from the Premises, or for any damage done to furniture, furnishings or effects therein, however occurring, except where such damages occur through the negligent act or omission of Landlord and Tenant’s insurance proceeds do not compensate Tenant for such loss or damage; nor shall Landlord be responsible should any equipment or machinery break down or for any cause cease to function properly on account of any such interruption of service. Tenant shall be solely responsible for and shall promptly pay all charges for telephone and other communication services.
Utility Services Company agrees to pay the full cost and expense associated with its use of all utilities, including but not limited to water, sanitary sewer, electric, storm drainage, and telecommunication services.
Content and Services Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Support and Services ISD and HC agree to the following conditions:
A. HC agrees to the following for both the mathematics and English language arts courses:
i. To share data and provide feedback regarding student success on entry‐level college mathematics and English language arts courses;
ii. To train advisors to recognize and honor course(s) on school district transcripts;
iii. To ensure that eligible students are counseled directly into college level mathematics, English language arts, and all other courses that require mathematics and English language arts college readiness;
B. HC agrees to the following for the college preparatory mathematics courses:
i. To provide the Student Learning Outcomes;
ii. To provide the syllabi for the courses being offered.
iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course.
C. HC agrees to the following for the college preparatory English language arts course:
i. To provide the Student Learning Outcomes for Integrated Reading/Writing (INRW 0303) course;
ii. To provide the syllabi, including types of essays required (i.e., expository, persuasive, and critical analysis).
iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course.
D. ISD agrees to the following for both the mathematics and English language arts courses:
i. To provide highly qualified instructors for the courses being taught;
ii. To identify students who are not college ready as stated in HB 5;
iii. To provide professional development and resources required to teach the mathematics and English language arts courses;
iv. To identify successful completion of the course(s) on the student transcripts as determined by the State of Texas PEIMS number;
v. To provide curriculum for the course that is consistent with HC Student Learning Outcomes;
vi. To provide assistance with admission, enrollment, and financial aid applications;
E. ISD agrees to the following for the college preparatory mathematics course:
i. To teach a math course designed to focus on college mathematics (algebraic or non‐algebraic) concepts;
ii. Require students to meet college readiness scores on the TSI Assessment;
iii. To meet regularly with HC faculty.
F. ISD agrees to the following for the college preparatory English language arts course:
i. To teach an integrated Reading and Writing course that focuses on critical reading and college‐level writing;
ii. Require students to meet college readiness scores on the TSI Assessment;
iii. To meet regularly with HC faculty.
Cloud Services Unless otherwise stated in the Agreement or in the Order, Company grants Customer a limited, non-transferable, non-sublicenseable, non-exclusive, worldwide license to access and use the Number of Units of Cloud Services during the Term solely for internal business purposes in accordance with the applicable license restrictions stated in the Business Unit Terms, Order, and Documentation. Additional Cloud Service Terms are stated at xxxxx://xxxxx.xxxxx.xxx/#cloud-services, which are incorporated by reference.
Hosted Services 4.1 The Provider shall create an Account for the Customer and shall provide to the Customer login details for that Account on, or promptly following, the Effective Date.
4.2 The Provider hereby grants to the Customer a worldwide, non-exclusive licence to use the Hosted Services by means of a Supported Web Browser for the internal business purposes of the Customer in accordance with the Documentation during the Term.
4.3 The licence granted by the Provider to the Customer under Clause 4.2 is subject to the following limitations:
(a) the Hosted Services may only be used by the officers, employees, agents, suppliers and subcontractors of the Customer
(b) the Hosted Services are based on the agreed number of suppliers to be managed, communicated from time to time, and not by individual user accounts
4.4 Except to the extent expressly permitted in this Agreement or required by law on a non- excludable basis, the licence granted by the Provider to the Customer under Clause 4.2 is subject to the following prohibitions:
(a) the Customer must not sub-license its right to access and use the Hosted Services;
(b) the Customer must not permit any unauthorised person to access or use the Hosted Services;
(c) the Customer must not use the Hosted Services to provide services to third parties;
(d) the Customer must not make any alteration to the Platform, except as permitted by the Documentation.
4.5 The Customer shall use reasonable endeavours, including reasonable security measures relating to administrator Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an administrator Account.
4.6 The Provider shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services but does not guarantee 100% availability.
4.7 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:
(a) a Force Majeure Event;
(b) a fault or failure of the internet or any public telecommunications network;
(c) a fault or failure of the Customer's computer systems or networks;
(d) any breach by the Customer of this Agreement; or
(e) scheduled maintenance carried out in accordance with this Agreement.
4.8 The Customer must comply with Schedule 2 (Acceptable Use Policy) and must ensure that all persons using the Hosted Services with the authority of the Customer or by means of an administrator Account comply with Schedule 2 (Acceptable Use Policy).
4.9 The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
4.10 The Customer must not use the Hosted Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.11 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
4.12 The Provider may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to the Provider under this Agreement is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.
Standard Services As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner.
