Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to the Professional Services. You will ensure that the same person acts as Project Manager for the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing of such change. 2.2 If at any time You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers. 2.3 You shall: 2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests; 2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, access to hardware, software and other equipment and information, and assistance from qualified personnel familiar with Your hardware, software, other equipment and information as We reasonably request for the performance of the Professional Services; 2.3.3 provide Us in a timely manner such Customer Materials and access as We may request in connection with the provision of the Professional Services; and 2.3.4 ensure that the Customer Materials are correct in all material respects, do not infringe any Intellectual Property Rights of any third party and do not breach any applicable law or regulation or any term of the Agreement. 2.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 13 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Your Obligations. 2.1 4.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to the Professional Services. You will ensure that the same person acts as Project Manager for the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing in advance of such change. Your Project Manager will have the authority to contractually bind You on all matters related to the Services.
2.2 4.2 If at any time You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 4.3 You shall:
2.3.1 : a cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 ; b in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, access to hardware, software and other equipment and information, and assistance from qualified personnel familiar with Your hardware, software, other equipment and information as We reasonably request for the performance of the Professional Services;
2.3.3 ; c provide Us in a timely manner such Customer Materials and access as We may request in connection with the provision of the Professional Services; and
2.3.4 and d ensure that the Customer Materials are correct in all material respects, do not infringe any Intellectual Property Proprietary Rights of any third party and do not breach any applicable law or regulation or any term of the Agreement.
2.4 4.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 11 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to the Professional Services. You will ensure that the same person acts as Project Manager for the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing in advance of such change. Your Project Manager will have the authority to contractually bind You on all matters related to the Professional Services.
2.2 If at any time You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 You shall:
2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, access to hardware, software and other equipment and information, and assistance from qualified personnel familiar with Your hardware, software, other equipment and information as We reasonably request for the performance of the Professional Services;
2.3.3 provide Us in a timely manner such Customer Materials and access as We may request in connection with the provision of the Professional Services; and
2.3.4 ensure that the Customer Materials are correct in all material respects, do not infringe any Intellectual Property Rights of any third party and do not breach any applicable law or regulation or any term of the Agreement.
2.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 9 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to the Professional Services. You will ensure that the same person acts as Project Manager for the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing in advance of such change. Your Project Manager will have the authority to contractually bind You on all matters related to the Professional Services.
2.2 If at any time You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 You shall:
2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, in a timely manner such access to hardwareYour premises and Customer Data, software and such office accommodation and other equipment and informationfacilities, and assistance from qualified personnel familiar with Your hardware, software, other equipment and information as We reasonably request for the performance of the Professional Services. In particular, where On-Site-Training Services are conducted by Us at Your location, You will make available suitable facilities at no charge;
2.3.3 provide Us in a timely manner such Customer Materials and access as We may request in connection with the provision of the Professional Services; and
2.3.4 ensure that the Customer Materials are correct in all material respects, do not infringe any Intellectual Property Rights of any third party and do not breach any applicable law or regulation or any term of the Agreement.
2.4 You acknowledge that If Our ability to successfully provide the Professional Services in a timely manner performance of Our obligations under an Order is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays prevented or deficiencies in the Professional Services resulting from delayed by any act or omission of You or Your agents, sub-sub- contractors or employees, We are not liable to You for any costs, charges or losses which may be sustained or incurred by You as a result of such delay or Our inability to perform the Professional Services. Our time of performance shall be enlarged, if and to the extent reasonably necessary due to such acts or delays by You. Without prejudice to Our other rights or remedies, We will notify You of the estimated impact of any such delays on any performance schedule and Fees.
Appears in 9 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Your Obligations. 2.1 4.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to the Professional Services. You will ensure that the same person acts as Project Manager for the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing in advance of such change.
2.2 4.2 If at any time You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 4.3 You shall:
2.3.1 : a cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 ; b in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, access to hardware, software and other equipment and information, and assistance from qualified personnel familiar with Your hardware, software, other equipment and information as We reasonably request for the performance of the Professional Services;
2.3.3 ; c provide Us in a timely manner such Customer Materials and access as We may request in connection with the provision of the Professional Services; and
2.3.4 and d ensure that the Customer Materials are correct in all material respects, do not infringe any Intellectual Property Proprietary Rights of any third party and do not breach any applicable law or regulation or any term of the Agreement.
2.4 4.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 9 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to 6.1 The Equipment shall be at your risk at all times and you shall be responsible for insuring the Professional ServicesEquipment against all risks. You will shall also effect and maintain insurance for public liability, material damage and business interruption cover from the Commencement Date until such date as is necessary to ensure that insurance is provided for all of your liabilities arising under this Agreement and which would usually be covered under such policies irrespective of when any claim in relation to any such liability is made. Such insurance shall be maintained with a reputable insurer and will include a waiver of subrogation in favour of Supplier and/or the same person acts as Project Manager data centre operator and you shall produce on demand for inspection by Supplier and/or the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing data centre operator adequate proof of such changeinsurance.
2.2 If at any time 6.2 You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 You shall:
2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, all necessary access to hardwareEquipment, software and other equipment and information, facilities and assistance from qualified personnel familiar with Your hardware, software, other equipment authorisations necessary to enable Supplier to fulfil our obligations under the agreement where appropriate and information shall provide such cooperation as We Supplier may reasonably request for the performance of the Professional Services;
2.3.3 provide Us in a timely manner such Customer Materials and access as We may request require in connection with the Colocation Services.
6.3 You shall provide Supplier with all relevant user manuals, software and access code(s) and other documentation necessary for Supplier to provide the Colocation Services.
6.4 You shall not be permitted to connect any of the Equipment to, or disconnect any of it from, the System in any of our Colocation Suites without, in each and every case, our prior written.
6.5 You agree that you and your employees, sub-contractors and agents shall not examine or interfere with the System or any other equipment in any of our Colocation Suites.
6.6 You agree that you will procure that in so far as a user or Third Party has access to or use of the Colocation Services, such user or Third Party will comply with all the terms and obligations under this Agreement, save for the obligations in relation to payment, as if such Third Party user was a party to this Agreement.
6.7 You agree not to do any act or thing which shall be a breach of any lease, licence or agreement, legislation (including but not limited to all relevant Health and Safety regulations), regulation or order or otherwise affecting the use of any of our Colocation Suites or provision of the Professional Services; andColocation Services and/or use of the Equipment and shall procure that all individuals at any of our Colocation Suites on your authority or at your invitation abide by all rules and regulations notified to you by Supplier from time to time.
2.3.4 6.8 You shall not be permitted to make any alteration or modification to any of our Colocation Suites, or any of the Racks, storage facilities, fixtures and fittings or any other facilities provided.
6.9 You shall keep that part of any of our Colocation Suites at which the Equipment is located from time to time, clean and tidy and free from rubbish and other debris and refrain from obstructing any doors or access to that space at all times.
6.10 You undertake that you will ensure that any Third Party has no rights at any of our Colocation Suites or against Supplier or the Customer Materials are correct data centre operator.
6.11 You warrant and represent to Supplier as follows:
a) that you will act with all due care and skill when inside any of our Colocation Suites, working on the Equipment or otherwise performing your obligations under this Agreement;
b) that any Equipment installed at any of our Colocation Suites shall at all times fully conform with the manufacturer’s specifications of the Equipment, the relevant standard or approval
c) that the provision of any Colocation Services in all material respects, do the proper discharge of our obligations under this Agreement will not infringe any Intellectual Property Rights patents, trademarks, design rights (whether registerable or otherwise), copyright, database right, know-how and other similar rights or obligations (whether registerable or not) of any third party and do not breach in any applicable law or regulation or any term of the Agreementcountry.
2.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 1 contract
Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to 6.1 The Equipment shall be at your risk at all times and you shall be responsible for insuring the Professional ServicesEquipment against all risks. You will shall also effect and maintain insurance for public liability, material damage and business interruption cover from the Commencement Date until such date as is necessary to ensure that insurance is provided for all of your liabilities arising under this Agreement and which would usually be covered under such policies irrespective of when any claim in relation to any such liability is made. Such insurance shall be maintained with a reputable insurer and will include a waiver of subrogation in favour of Supplier and/or the same person acts as Project Manager data centre operator and you shall produce on demand for inspection by Supplier and/or the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing data centre operator adequate proof of such changeinsurance.
2.2 If at any time 6.2 You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 You shall:
2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, all necessary access to hardwareEquipment, software and other equipment and information, facilities and assistance from qualified personnel familiar with Your hardware, software, other equipment authorisations necessary to enable Supplier to fulfil our obligations under the agreement where appropriate and information shall provide such cooperation as We Supplier may reasonably request for the performance of the Professional Services;
2.3.3 provide Us in a timely manner such Customer Materials and access as We may request require in connection with the Colocation Services.
6.3 You shall provide Supplier with all relevant user manuals, software and access code(s) and other documentation necessary for Supplier to provide the Colocation Services.
6.4 You shall not be permitted to connect any of the Equipment to, or disconnect any of it from, the System in any of our Colocation Suites without, in each and every case, our prior written.
6.5 You agree that you and your employees, sub-contractors and agents shall not examine or interfere with the System or any other equipment in any of our Colocation Suites.
6.6 You agree that you will procure that in so far as a user or Third Party has access to or use of the Colocation Services, such user or Third Party will comply with all the terms and obligations under this Agreement, save for the obligations in relation to payment, as if such Third Party user was a party to this Agreement.
6.7 You agree not to do any act or thing which shall be a breach of any lease, licence or agreement, legislation (including but not limited to all relevant Health and Safety regulations), regulation or order or otherwise affecting the use of any of our Colocation Suites or provision of the Professional ServicesColocation Services and/or use of the Equipment and shall procure that all individuals at any of our Colocation Suites on your authority or at your invitation abide by all rules and regulations notified to you by Supplier from time to time.
6.8 You shall not be permitted to make any alteration or modification to any of our Colocation Suites, or any of the Racks, storage facilities, fixtures and fittings or any other facilities provided.
6.9 You shall keep that part of any of our Colocation Suites at which the Equipment is located from time to time, clean and tidy and free from rubbish and other debris and refrain from obstructing any doors or access to that space at all times.
6.10 You undertake that you will ensure that any Third Party has no rights at any of our Colocation Suites or against Supplier or the data centre operator.
6.11 You warrant and represent to Supplier as follows:
a) that you will act with all due care and skill when inside any of our Colocation Suites, working on the Equipment or otherwise performing your obligations under this Agreement;
b) that any Equipment installed at any of our Colocation Suites shall at all times fully conform with the manufacturer’s specifications of the Equipment, the relevant standard or approval at that particular time and all other regulations that apply to it from time to time, including without limitation, those concerning safety and electromagnetic compatibility; and
2.3.4 ensure c) that the Customer Materials are correct provision of any Colocation Services in all material respects, do the proper discharge of our obligations under this Agreement will not infringe any Intellectual Property Rights patents, trademarks, design rights (whether registerable or otherwise), copyright, database right, know-how and other similar rights or obligations (whether registerable or not) of any third party and do not breach in any applicable law or regulation or any term of the Agreementcountry.
2.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 1 contract
Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to 6.1 The Equipment shall be at your risk at all times and you shall be responsible for insuring the Professional ServicesEquipment against all risks. You will shall also effect and maintain insurance for public liability, material damage and business interruption cover from the Commencement Date until such date as is necessary to ensure that insurance is provided for all of your liabilities arising under this Agreement and which would usually be covered under such policies irrespective of when any claim in relation to any such liability is made. Such insurance shall be maintained with a reputable insurer and will include a waiver of subrogation in favour of Supplier and/or the same person acts as Project Manager data centre operator and you shall produce on demand for inspection by Supplier and/or the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing data centre operator adequate proof of such changeinsurance.
2.2 If at any time 6.2 You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 You shall:
2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, all necessary access to hardwareEquipment, software and other equipment and information, facilities and assistance from qualified personnel familiar with Your hardware, software, other equipment authorisations necessary to enable Supplier to fulfil our obligations under the agreement where appropriate and information shall provide such cooperation as We Supplier may reasonably request for the performance of the Professional Services;
2.3.3 provide Us in a timely manner such Customer Materials and access as We may request require in connection with the Colocation Services.
6.3 You shall provide Supplier with all relevant user manuals, software and access code(s) and other documentation necessary for Supplier to provide the Colocation Services.
6.4 You shall not be permitted to connect any of the Equipment to, or disconnect any of it from, the System in any of our Colocation Suites without, in each and every case, our prior written.
6.5 You agree that you and your employees, sub-contractors and agents shall not examine or interfere with the System or any other equipment in any of our Colocation Suites.
6.6 You agree that you will procure that in so far as a user or Third Party has access to or use of the Colocation Services, such user or Third Party will comply with all the terms and obligations under this Agreement, save for the obligations in relation to payment, as if such Third Party user was a party to this Agreement.
6.7 You agree not to do any act or thing which shall be a breach of any lease, licence or agreement, legislation (including but not limited to all relevant Health and Safety regulations), regulation or order or otherwise affecting the use of any of our Colocation Suites or provision of the Professional Services; andColocation Services and/or use of the Equipment and shall procure that all individuals at any of our Colocation Suites on your authority or at your invitation abide by all rules and regulations notified to you by Supplier from time to time.
2.3.4 6.8 You shall not be permitted to make any alteration or modification to any of our Colocation Suites, or any of the Racks, storage facilities, fixtures and fittings or any other facilities provided.
6.9 You shall keep that part of any of our Colocation Suites at which the Equipment is located from time to time, clean and tidy and free from rubbish and other debris and refrain from obstructing any doors or access to that space at all times.
6.10 You undertake that you will ensure that any Third Party has no rights at any of our Colocation Suites or against Supplier or the Customer Materials are correct data centre operator.
6.11 You warrant and represent to Supplier as follows:
a) that you will act with all due care and skill when inside any of our Colocation Suites, working on the Equipment or otherwise performing your obligations under this Agreement;
b) that any Equipment installed at any of our Colocation Suites shall at all times fully
c) that the provision of any Colocation Services in all material respects, do the proper discharge of our obligations under this Agreement will not infringe any Intellectual Property Rights patents, trademarks, design rights (whether registerable or otherwise), copyright, database right, know-how and other similar rights or obligations (whether registerable or not) of any third party and do not breach in any applicable law or regulation or any term of the Agreementcountry.
2.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Appears in 1 contract