Where Xxxx Sample Clauses

Where Xxxx. XX fails to provide the Services or delay in providing such Services due to fires, floods, storms or other adverse weather conditions; power outages or failures; acts of God or the state’s enemies; lawful acts of government, judicial or administrative authorities; any and all market movements, shifts, or volatility; computer, server, or internet malfunctions; security breaches or cyberattacks; information network equipment maintenance; information network connectivity failures; errors in computer; communications or other systems, power failures; unexpected accidents; strikes, industrial actions, or labour disputes; revolts, uprising, riots or wars; explosions; failure on the part of banks or other partners; collapse of the VFA market; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; other acts that are not within Xxxx.XX’s control or beyond Xxxx.XX’s inability to control, or due to causes on the part of third parties (together hereinafter referred to as “Force Majeure”), Xxxx.XX shall not assume any responsibility for such failure to provide Service or delay in providing Services, or for the resultant loss the User may sustain as a result of such failure or delay. In the event of Force Majeure, Xxxx.XX is excused from any and all performance obligations and these Services shall be fully and conclusively at an end. Xxxx.XX shall not be liable for any losses or damages incurred by the User with respect to any transaction in relation to any VFA, any delays in the receipt or processing of the User’s instructions or if Xxxx.XX cannot perform any of its obligations due to Force Majeure.
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Where Xxxx. XX freezes, locks or lays an administrative hold on the User’s VFAs, such freeze, lock or administrative hold shall remain until such time as the dispute would have been resolved, and evidence of such would have been provided to Xxxx.XX in a form acceptable to Xxxx.XX. Xxxx.XX will not involve itself in any such dispute or the resolution of the dispute. The User agrees that Xxxx.XX will have no liability or responsibility for any such freeze, lock or hold, or for the User’s inability to withdraw VFAs or execute trades during the period of any such hold or suspension.
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Where Xxxx. Xxxxxxxx Ltd is not responsible for delivery, at the moment the products or materials leave Xxxx Xxxxxxxx Ltd’s premises.
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Where Xxxx. Digital Pty Ltd incorporates the intellectual property of any third party into any materials or software authored or developed for the Client, Xxxx Digital Pty Ltd shall ensure that it has all necessary permissions and consents required to enable it do so. Ownership of any such third party intellectual property shall not pass to the Client and Xxxx Digital Pty Ltd shall ensure that the Client shall be licensed to make use of any such third party intellectual property on terms and conditions to be disclosed to the Client by Xxxx Digital Pty Ltd. The Client agrees to indemnify Xxxx Digital Pty Ltd in respect of any failure on the Client’s part to comply with the terms of this Agreement, or to abide by the terms of any specific licences granted to it in respect of any such third party intellectual property.
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Where Xxxx. Digital Pty Ltd develops a website or other form of software deliverable for the Client, Xxxx Digital Pty Ltd shall provide the Client with an opportunity to test that Service Deliverable same in an operating environment that is reasonably determined by Xxxx Digital Pty Ltd to be appropriate for testing purposes and the following additional provisions shall apply: 8.11.1 The Client shall carry out and complete acceptance testing and in accordance with any testing plan stipulated by Xxxx Digital Pty Ltd following the receipt of a notification in terms of paragraph 8.11 (or a notification in terms of paragraph
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Where Xxxx. Digital Pty Ltd provides maintenance and support services to the Client, the reporting of any faults shall be in accordance with the fault categorisation specified in any accepted maintenance and support Proposal, failing which in accordance with the fault categorisation system provided for in paragraph 8.11.2 above.
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Where Xxxx. XxxXxxxxx Ltd enters into a sub-contract Xxxx XxxXxxxxx Ltd must ensure that a provision is included which: 34.3.1. requires payment to be made of all sums due by Xxxx XxxXxxxxx Ltd to the sub- contractor within a specified period not exceeding 30 days from the receipt of a valid invoice as defined by the sub-contract requirements and provides that, where the Public Body has made payment to Xxxx XxxXxxxxx Ltd in respect of Services and the sub-contractor’s invoice relates to such Services then, to that extent, the invoice must be treated as valid and, provided Xxxx XxxXxxxxx Ltd is not exercising a right of retention or set-off in respect of a breach of contract by the sub-contractor or in respect of a sum otherwise due by the sub-contractor to Xxxx XxxXxxxxx Ltd, payment must be made to the sub-contractor without deduction; 34.3.2. notifies the sub-contractor that the sub-contract forms part of a larger contract for the benefit of the Public Body and that should the sub-contractor have any difficulty in securing the timely payment of an invoice, that matter may be referred by the sub- contractor to the Public Body; 34.3.3. requires that all contracts with subcontractors and suppliers which the subcontractor intends to procure, and which the subcontractor has not before the date of this Contract, already planned to award to a particular supplier are advertised through the Public Contracts Scotland procurement portal (xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract; and 34.3.4. is in the same terms as that set out in this clause 34.3 (including for the avoidance of doubt this clause 34.3.4) subject only to modification to refer to the correct designation of the equivalent party as Xxxx XxxXxxxxx Ltd and sub-contractor as the case may be.
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Related to Where Xxxx

  • Xxxx Xxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX UNBUNDLED LOCAL SWITCHING, PORT USAGE End Office Switching (Port Usage) End Office Switching Function, Per MOU 0.0010519 End Office Trunk Port - Shared, Per MOU 0.0002136 Tandem Switching (Port Usage) (Local or Access Tandem) Tandem Switching Function Per MOU 0.0001634 Tandem Trunk Port - Shared, Per MOU 0.0002863 Tandem Switching Function Per MOU (Melded) 0.00004951 Tandem Trunk Port - Shared, Per MOU (Melded) 0.000086749 Melded Factor: 30.30% of the Tandem Rate Common Transport Common Transport - Per Mile, Per MOU 0.0000045 Common Transport - Facilities Termination Per MOU 0.0004095

  • Xxxxx Xxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 2 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Force Xxxxxx The Escrow Agent shall not be responsible for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communication service, accidents, labor disputes, acts of civil or military authority, or governmental actions.

  • Xxx Xxxx In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

  • Xxxx Xxxxx Where the parties cannot agree on an arbitrator, one of the above named will be chosen at random.

  • Xxxxx Xxx Xxxx & Xxxxxxxxx LLP; 0000 X Xxxxxx, XX.; Xxxxx 000; Xxxxxxxxxx, XX 00000.

  • Xxxxx Xxxxx Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia.

  • Xxxx-Xxxxx-Xxxxxx Notwithstanding any other provision in this Agreement, in the event the Xxxx Xxxxx Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”), is applicable to any Member by reason of the fact that any assets of the Company will be distributed to such Member in connection with the dissolution of the Company, the distribution of any assets of the Company shall not be consummated until such time as the applicable waiting periods (and extensions thereof) under the HSR Act have expired or otherwise been terminated with respect to each such Member.

  • Xxx Xxxxx Chairman

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