Utilization of Third Sample Clauses

Utilization of Third. Party Developers. IXI shall have the right to engage one (1) or more third parties (each a “Third Party Developer”) to act on IXI’s behalf to use the Mobile Developer Kit, develop Candidate Applications, utilize the Test Server pursuant to Section 3.5, to submit such Candidate Applications to ICQ for review by ICQ, and to access the ICQ Network, provided that (a) any such Third Party IXI engagement by IXI shall be subject to ICQ’s prior written approval, and (b) that either (x) such Third Party Developer has entered into an MDP Program agreement with ICQ or AOL or (y) IXI enters into a binding, written agreement with the relevant Third Party Developer, which agreement is no less protective of ICQ, the Test Authentication Key, the Test Server, the ICQ Technical Information and the ICQ Service and the ICQ Network than are the terms of this Agreement and shall only enable , such Third Party Developer to access to the ICQ Network for the use and benefit of IXI, and (c) IXI shall remain responsible for the acts and omissions of such Third Party Developers as if such acts or omissions were undertaken by IXI. For purposes of clarification, employees and independent contractors employed by IXI shall not be considered Third Party Developers; provided, however, that IXI shall remain liable for any act or omission undertaken by such employees and independent contractors. Subject to this Section 3.7, the aforementioned shall not restrict IXI in changing its IM gateway provider from time to time provided however that such change will no occur more than twice during the Term and upon a 90 days prior written notice to ICQ. Where IXI has used a Third party Developer, and such Third Party Developer improperly uses the ICQ Application, Test Authentication Key, the Test Server, the ICQ Technical Information, Application Branding Elements and the ICQ Service and the ICQ Network, IXI shall use commercially reasonable efforts to assist ICQ in pursuing any claim against such Third Party Developer related to that Third Party Developer’s resulting improper use of the ICQ Application, Test Authentication Key, the Test Server, the ICQ Technical Information, Application Branding Elements and the ICQ Service and the ICQ Network.
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Related to Utilization of Third

  • PROTECTION OF THIRD PARTIES No person (including a purchaser) dealing with the Collateral Agent or a Receiver or its or his agents will be concerned to enquire:

  • Failure of Third Parties The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

  • Integration of Terms Except as otherwise provided in this Agreement, this Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all oral statements and prior writings with respect thereto.

  • Non-Solicitation of Third Parties During the Term of Employment and for a period of 24 months following the Executive’s termination of employment with the Company, the Executive shall not directly or indirectly solicit or otherwise influence any entity with a business arrangement with the Company, including, without limitation, suppliers, sales representatives, lenders, lessors, and lessees, to discontinue, reduce, or otherwise materially or adversely affect such relationship.

  • Use of Third Parties BMS may retain Third Parties to perform Development activities subject to the terms of this Agreement. Any such Third Parties performing Development activities hereunder shall be subject to confidentiality and non-use obligations consistent with those set forth in this Agreement. BMS shall remain responsible and liable for the performance by its Affiliates or permitted Third Party contractors of those of its obligations under this Agreement that it (sub)licenses or delegates to an Affiliate or Third Party contractor.

  • Reliance by Third Parties Notwithstanding anything to the contrary in this Agreement, any Person dealing with the Partnership shall be entitled to assume that the General Partner and any officer of the General Partner authorized by the General Partner to act on behalf of and in the name of the Partnership has full power and authority to encumber, sell or otherwise use in any manner any and all assets of the Partnership and to enter into any authorized contracts on behalf of the Partnership, and such Person shall be entitled to deal with the General Partner or any such officer as if it were the Partnership’s sole party in interest, both legally and beneficially. Each Limited Partner hereby waives, to the fullest extent permitted by law, any and all defenses or other remedies that may be available against such Person to contest, negate or disaffirm any action of the General Partner or any such officer in connection with any such dealing. In no event shall any Person dealing with the General Partner or any such officer or its representatives be obligated to ascertain that the terms of this Agreement have been complied with or to inquire into the necessity or expedience of any act or action of the General Partner or any such officer or its representatives. Each and every certificate, document or other instrument executed on behalf of the Partnership by the General Partner or its representatives shall be conclusive evidence in favor of any and every Person relying thereon or claiming thereunder that (a) at the time of the execution and delivery of such certificate, document or instrument, this Agreement was in full force and effect, (b) the Person executing and delivering such certificate, document or instrument was duly authorized and empowered to do so for and on behalf of the Partnership and (c) such certificate, document or instrument was duly executed and delivered in accordance with the terms and provisions of this Agreement and is binding upon the Partnership.

  • Operation of the Business Between the date of this Agreement and the Closing, Seller shall:

  • Facilitation of Agreement I agree to execute promptly any proper oath or verify any proper document required to carry out the terms of this Agreement upon the Company’s written request to do so.

  • Application of this Agreement The terms of this Agreement shall apply mutatis mutandis to any shares:

  • Construction of this Agreement No failure of Landlord to exercise any power given Landlord hereunder, or to insist upon strict compliance by Tenant of his obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord’s right to demand exact compliance with the terms hereof. Time is of the essence of this Lease.

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