Additional Technical Support. Additional technical assistance and equipment repairs made outside the applicable Warranty Periods shall be provided, if available, at Copper Mountain's then-current standard rates and charges under the terms and conditions of a separate agreement and at the sole discretion of Copper Mountain. Copper Mountain reserves the right to decline to accept orders for or provide Additional Technical Support Services on third party equipment at Customer locations where the cost of implementation of such services is deemed by Copper Mountain in its sole discretion to be cost prohibitive. Additional Technical Support Services at such Customer locations by Copper Mountain will be contingent upon successful negotiation, on a case by case basis, of a mutually acceptable Services compensation agreement. * Confidential Treatment Requested 8. LIMITATION OF LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR LOST DATA, ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER PARTY FOR ANY CLAIMS OR CAUSES OF ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT OR PERFORMANCE OF THE SERVICES (WHETHER IN CONTRACT, IN TORT OR OTHERWISE) SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID TO COPPER MOUNTAIN UNDER THIS AGREEMENT.
Additional Technical Support. In the event Client contacts Provider for technical support for matters that are not directly related to the Solution, Client shall pay Provider for Provider’s time spent on such matter at Provider’s then current hourly support rate. As of the Effective Date, the current hourly support rate is $ 150.00 per hour, which is subject to change at Provider’s discretion. Technical support provided by Provider as part of the Provider Services does not include any matter not directly related to the Solution, including, but not limited to the following and for which the Client will be billed in accordance with this Section 2.d. for any work Provider provides on such matters:
Additional Technical Support. RealWear may provide Developer access to RealWear Software and/or Hardware compatibility testing and development labs (“Labs”) and/or developer technical support incidents (“Support”) from time to time for a separate fee. The Developer agrees that all use of such Labs and Support will be in accordance with RealWear’s then current usage policies, which are subject to change without prior notice to Developer. Without limiting the foregoing, RealWear may post on the RealWear Developer website (“Site”) and/or send an email to the Developer with notices of such changes. It is the Developer’s responsibility to review the Site and/or check the Developer email address(es) registered with RealWear for any such notices. The Developer agrees that RealWear shall not be liable to Developer or any third party for any modification or cessation of such services. As part of the Support, RealWear may supply the Developer with certain code snippets, sample code, software, and other materials (“Materials”). Developer agrees that any Materials RealWear provides as part of the Support are licensed to Developer and shall be used by the Developer only in accordance with the terms and conditions of the Agreements and any accompanying Materials. RealWear retains ownership of all right, title and interest in such Materials and no other intellectual property rights or licenses are granted or implied. Developer shall not copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be expressly provided in the terms and conditions of any accompanying the Materials. Developer agrees that when requesting and receiving Support, Developer will not provide RealWear with any information, including that incorporated in the Developer software, that is confidential to the Developer or any third party (See Section 11 for greater detail on Confidentiality). Developer agrees that any notice, legend, or label to the contrary contained in any such Materials provided by the Developer to RealWear shall be without effect. RealWear shall be free to use all such information it receives from the Developer in any manner it deems appropriate, subject to any applicable patents or copyrights. RealWear, in its sole discretion, reserves the right to reject a request for access to Labs or Support at any time, in which event RealWear may credit Developer for the rejected Lab or Support request. Developer shall be solely responsible for any restoration of lost or altered file...
Additional Technical Support. If User requires more support or services in addition to those described in Exhibit A, such as, for instance, help developing an equipment recipe, then User and UNM may reach agreement on such services that UNM is willing to provide and appropriate compensation rates in a separate written agreement.
Additional Technical Support. Additional technical support outside the scope of this Agreement may be made available to the Customer upon request. These services shall be performed on a time and materials basis at the prevailing rate of the Company in accordance with DIR Contract Number DIR-TSO-4045 Appendix C Pricing Index. Examples may include setting up user accounts, setting up printer queues, performing file conversions, system maintenance (defragmenting the disk, system fine-tuning, etc.), and operating system training.
Additional Technical Support. MV will provide to Centocor additional support services of the kind referred to in Sections 7.1 and 7.2 of the Agreement, including reasonable traveling expenses, through September 30, 1997 at no charge. MV shall have no obligation to render any such services after September 30, 1997 unless the parties otherwise agree in writing as to the nature, extent and timing of the services and the amount to be paid therefor.
Additional Technical Support. At the request of the Licensee, additional levels of support including custom enhancements to the Product can be purchased from the Licensor at a rate and schedule to be negotiated.
Additional Technical Support. During the first [*] after the Effective Date, at Novartis’ discretion and upon Novartis’ reasonable request, GenVec shall use commercially reasonable efforts to make available to Novartis and its Affiliates up to one-third of the time (as measured over each Calendar Year) of two senior managers who have appropriate relevant experience and are knowledgeable about the Products then under development for scientific and technical explanations, advice and related additional support and expertise, if and to the extent necessary or useful in connection with the research, development and commercialization activities conducted by Novartis and its Affiliates hereunder. GenVec shall make such personnel identified by GenVec available to Novartis and its Affiliates during regular business hours to facilitate such support and expertise. As part of such support, GenVec shall use commercially reasonable efforts to make such senior managers available to participate in meetings, hearings and other proceedings before and/or with Regulatory Authorities (which may occur on short notice and at times outside of regular business hours). Nothing in this Section 4.2 shall be deemed to require that GenVec continue to employ any specific individuals nor require that GenVec continue to maintain any functional expertise or departments in any specific area. Novartis shall pay GenVec on an hourly basis for the time of GenVec personnel spent to provide such additional support and expertise, as set forth in Section 6.4(b).
Additional Technical Support. Over the first two (2) years of this Agreement, for technical support beyond that defined in Section 4.02. Paradyne will provide additional technical support to ABI on an if, and as available basis, at Paradyne's then current technical support rate, and ABI shall pay all reasonable travel and lodging expense associated therewith if such technical support activities occur at other than Paradyne's Largo facility.
Additional Technical Support. Licensee may, at its option, obtain free and unlimited managed technical support regarding Microsoft’s WSPP Documentation and Windows operating systems products, by entering into a WSPP Licensed Protocol Support Addendum (a form of which is posted on the WSPP Website). Microsoft technical support personnel will have access to internal Microsoft technical resources such as its product engineering organization, and Windows operating system products source code as needed. Such technical support may include (i) information about WSPP Protocols or WSPP Documentation; (ii) information about Windows operating systems products publicly or programmatically available to Microsoft’s customers or ISVs (independent software vendors), other than source code; and/or (iii) assistance with debugging and verifying actual operation of WSPP Protocols between Windows Server and Windows Client Operating Systems products. Such technical support will not include (A) Licensee access to source code of Windows operating systems or other Microsoft products, other than by entering into a WSPP Source Code License Addendum (a form of which is posted on the WSPP Website); (B) any writing by Microsoft support personnel of source code for Implementations; or
