Warranty Service Outside the U.S Sample Clauses

Warranty Service Outside the U.S. To the extent that Buyer or Seller is presented with a product warranty claim from a customer outside of the United States who purchased a NAS product from Seller or any of its distributors on or prior to the Closing Date, then Buyer and Seller agree that Seller shall assume responsibility for such claim and may settle, litigate, arbitrate, pay, adjust or otherwise discharge such claim in Seller’s sole discretion; provided, however, that Seller shall exercise such discretion as if Seller were in the business of selling and serving NAS products on an on-going basis. Buyer shall promptly reimburse Seller for all reasonable costs and expenses (but in no event any profit margin) incurred by Seller in connection with resolving any such claims up to a maximum amount equal to (x) $1,600,000 minus (y) the amount incurred by Buyer in connection with the transactions contemplated by Section 4.5(a). Any costs and expenses incurred by Seller over the maximum amount set forth in this Section 4.5(b) shall be paid by Seller. If Seller does not resolve any claim under this Section 4.5(b) within a reasonable time after Seller is notified of such claim, then Buyer may, at its option, assume responsibility for such claim and may settle, litigate, arbitrate, pay, adjust or otherwise discharge such claim in Buyer’s sole discretion. In addition to the obligations of Seller set forth elsewhere in this Section 4.5(b), Seller shall reimburse Buyer for all reasonable costs and expenses incurred by Buyer in connection therewith to the extent they exceed the amount that would have been charged by Seller if it had fulfilled its obligations set forth in the first sentence of this Section 4.5(b).
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Related to Warranty Service Outside the U.S

  • Warranty Service 6.1 Integrator shall provide to its End Users, at no charge, all warranty service applicable to the Products when they were purchased by End User, for a minimum of the warranty period set forth in the published Product warranty provided with the original Product. Warranty shall commence upon shipment to the End User. The warranty service provided by Integrator shall include, at a minimum, the following Software and Hardware replacement services:

  • Service Warranty 10.1 When performing the Services, Service Provider shall provide professional and skilled personnel, reasonably experienced for the Services to be performed at the best of their knowledge.

  • Administrative Support Service Fees Within forty-five (45) days of the end of each calendar quarter, the Fund will make payments in the aggregate amount of 0.0625% (0.25% on an annual basis) of the average during that calendar quarter of the aggregate net asset value of the Shares computed as of the close of each business day (the "Service Fee"). Such Service Fee payments received from the Fund will compensate the Distributor for providing administrative support services with respect to Accounts. The administrative support services in connection with Accounts may include, but shall not be limited to, the administrative support services that a Recipient may render as described in Section 3(b)(i) below.

  • Hosting Services GSI shall load the Web site onto server(s) that are connected to the Internet and readily accessible via the Web through use of the Domain Names. GSI shall ensure that the Web site is functional and ready to process transactions in a reasonably efficient manner.

  • SERVICE XXXX USE A. Controlled Affiliate recognizes the importance of a comprehensive national network of independent BCBSA licensees which are committed to strengthening the Licensed Marks and Name. The Controlled Affiliate further recognizes that its actions within its Service Area may affect the value of the Licensed Marks and Name nationwide.

  • Processor’s Liability for Nonperformance In performing the Services, Processor will exercise ordinary care and act in good faith. Processor shall be deemed to have exercised ordinary care if its action or failure to act is in conformity with general information technology processing standards. Processor’s liability relating to its or its employees’, officers’ or agents’ performance or failure to perform hereunder, or for any other action or inaction of Processor, or its employees, officers or agents, shall be limited exclusively to the lesser of (i) any direct losses which are caused by the failure of Processor, its employees, officers or agents to exercise reasonable care and/or act in good faith, and (ii) the face amount of any item, check, payment or other funds lost or mishandled by the action or inaction of Processor. Under no circumstances will Processor be liable for any general, indirect, special, incidental, punitive or consequential damages or for damages caused, in whole or in part, by the action or inaction of AmeriCredit or the Trustee, whether or not such action or inaction constitutes negligence. Processor will not be liable for any damage, loss, liability or delay caused by accidents, strikes, fire, flood, war, riot, equipment breakdown, electrical or mechanical failure, acts of God or any cause which is reasonably unavoidable or beyond its reasonable control. AmeriCredit agrees that the fees charged by Processor for the performance of this Service shall be deemed to have been established in contemplation of these limitations on Processor’s liability. In addition, AmeriCredit agrees to indemnify and hold Processor harmless from all liability on the part of Processor under this Section 13 except such liability as is attributable to the gross negligence of Processor.

  • Billing Services Manager shall provide, or cause to be provided, the following billing services to P.C.:

  • Support Services Other than the assistance provided in the Information, the BNPP Entities do not offer any support services in connection with the Software.

  • Service outside business hours However, if under Clause 28.3 a notice would be deemed to be served:

  • Service Levels (1) DTI shall perform the Services in accordance with the service levels (the "Service Levels") as may be agreed to from time to time in writing by DTI and the Funds (the "Service Level Agreement"). Failure to perform in a manner which equals or exceeds the Service Levels shall result in fee credits ("Fee Credits") or the Funds' right to terminate this Agreement, as set forth in the Service Level Agreement.

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