Common use of End-customer Responsibilities Clause in Contracts

End-customer Responsibilities. 2.1 End-customer will provide Partner, Dell or anyone acting on their behalf, including subcontractors and consultants with the cooperation, access and detailed information reasonably necessary for Dell to implement and deliver the Services, including (i) test time on End-customer’s computer systems and networks sufficient for Partner and/or Dell to provide the Services and (ii) one employee who has substantial computer system and network and project management experience reasonably satisfactory to Dell to act as project manager and as a liaison between End-customer and Dell. Partner and Dell will be excused from its failure to perform the Services to the extent such failure is caused by End- customer’s delay or failure to perform its responsibilities under this End-customer Agreement. 2.2 If and to the extent Dell is providing Services hereunder on behalf of Partner, the obligations of Dell to comply with the the relevant service specification applicable to the Services are dependent on Dell’s (or anyone acting on behalf of Dell’s) ability to connect directly to the End-customer devices on the End-customer’s network through an authenticated server in Dell’s secure operations center or where the service so stipulated physically on site. If and to the extent Dell is required to connect to End-customer devices via End-customer’s VPN or other indirect or nonstandard means, then to the extent that Dell is required to make adds, moves, or changes to or otherwise access such devices in connection with any incident response or help desk request, Dell (i) can make no guarantees or give any assurances of compliance with the service specification with respect thereto and (ii) shall have no responsibility or liability for any failure to perform or delay in performing its obligations or meeting the exact service specification and any SLA related therewith. 2.3 Dell will take all reasonable precautions to minimise negative impact on end-customer’s computer systems and network; however, End-customer acknowledges that performance of such service may temporarily degrade operation of End-customer’s computer systems and network. End-customer hereby releases Dell from any and all losses, damages, expenses, or actions, which End-customer may incur in connection with the Services.

Appears in 4 contracts

Samples: Channel Partner Agreement, Channel Partner Agreement, Channel Partner Agreement

End-customer Responsibilities. 2.1 End-customer will provide Partner, Dell or anyone acting on their behalf, including subcontractors and consultants with the cooperation, access and detailed information reasonably necessary for Dell to implement and deliver the Services, including (i) test time on End-End- customer’s computer systems and networks sufficient for Partner and/or Dell to provide the Services and (ii) one employee who has substantial computer system and network and project management experience reasonably satisfactory to Dell to act as project manager and as a liaison between End-customer and Dell. Partner and Dell will be excused from its failure to perform the Services to the extent such failure is caused by End- End-customer’s delay or failure to perform its responsibilities under this End-customer Agreement. 2.2 If and to the extent Dell is providing Services hereunder on behalf of Partner, the obligations of Dell to comply with the the relevant service specification applicable to the Services are dependent on Dell’s (or anyone acting on behalf of Dell’s) ability to connect directly to the End-customer devices on the End-customer’s network through an authenticated server in Dell’s secure operations center or where the service so stipulated physically on site. If and to the extent Dell is required to connect to End-customer devices via End-customer’s VPN or other indirect or nonstandard means, then to the extent that Dell is required to make adds, moves, or changes to or otherwise access such devices in connection with any incident response or help desk request, Dell (i) can make no guarantees or give any assurances of compliance with the service specification with respect thereto and (ii) shall have no responsibility or liability for any failure to perform or delay in performing its obligations or meeting the exact service specification and any SLA related therewith. 2.3 Dell will take all reasonable precautions to minimise negative impact on end-customer’s computer systems and network; however, End-End- customer acknowledges that performance of such service may temporarily degrade operation of End-customer’s computer systems and network. End-customer hereby releases Dell from any and all losses, damages, expenses, or actions, which End-customer may incur in connection with the Services.

Appears in 1 contract

Samples: Channel Partner Agreement