Level of Use. Except as otherwise expressly provided in this Agreement, Recipient’s use of any Service shall not exceed the level of use required as of three (3) months prior to the Distribution Date, unless such Service was not so previously provided (as contemplated in Section 6.01), in which case Provider and Recipient shall negotiate in good faith the level of use of such Service. In no event shall any Recipient be entitled to materially increase its use of any of the Services above such level of use without the prior written consent of Provider (provided, that any material increase in use may result in an increased Service Charge in accordance with Section 5.01(a)), except for those Services that are contemplated and include Service Charges calculated on a per use basis in Schedule A.
Level of Use. Buyer will use reasonable commercial efforts to end its or any of its Affiliates’ reliance on the Transition Services as soon as reasonably possible following the Closing Date. Buyer’s or any of its Affiliates’ use of any Transition Service will not be greater than the level of use required by the Company during the six month period immediately prior to the Closing Date. In no event will Buyer or its Affiliates be entitled to increase its use of any of the Transition Services above such level of use without the prior written consent of Seller.
Level of Use. Except as otherwise expressly provided in this Agreement, (a) Recipient’s use of any Service shall not materially exceed the level of use at any time during the six-month period immediately prior to the Effective Date and (b) subject to Section 10.09, the Recipient may not resell or otherwise provide any Service provided hereunder to any third-party. For the avoidance of doubt, none of the Services shall be provided, directly or indirectly, to the Aero JV nor shall any Service Charge pursuant to this Agreement include any cost and expenses in respect of services to the Aero JV.
Level of Use. Buyer agrees that Seller shall not be obligated to provide any Transition Services hereunder that exceed the aggregate level of the applicable Service provided by Seller to SME Customers during the three (3) months immediately prior to the Closing Date, excepting (i) Additional Services, (ii) Migration Services, and (iii) such Services as are required to respond to increases in demand or utilization by SME Customers (who were SME Customers at the time of Closing or become SME Customers during the first three (3) months after Closing) during the Transition Period. Without limiting the foregoing, absent prior written agreement of Seller, no New Services are to be provided to such SME Customers during the Transition Period that require utilization of Seller's facilities or services.
Level of Use. Recipient will use commercially reasonable efforts to ensure that Recipient’s use of any Service will be no greater than the level of use required as of immediately prior to the Closing. In no event will Recipient be entitled to materially increase its use of any of the Services above such level of use without the prior written consent of Seller.
Level of Use. The Parent will use commercially reasonable efforts to end its reliance on the Transition Services as soon as reasonably possible following the Closing Date. Except as set forth on Appendix A, as the Parent or the Seller may otherwise agree in writing or as otherwise required pursuant to this Agreement, the Parent’s use of any Transition Service will not be greater than the level of use required by the Seller with respect to the Purchased Assets or Assumed Liabilities during the six month period immediately prior to the Closing Date. In no event will the Parent be entitled to increase its use of any of the Transition Services above that level of use without the prior written consent of the Seller.
Level of Use. The parties acknowledge the transitional nature of the Transition Services. Accordingly, the Asset Sellers shall use commercially reasonable efforts to end its reliance on the receipt of Transition Services as promptly as reasonably practicable following the Closing, and each party shall take all necessary measures that can reasonably be expected of that party for purposes of ceasing the provision or the receipt of Transition Services.
Level of Use. If a subscription is provided to a practice free of charge by CSHS and it is not used actively for any 30 day period then the subscription may be made available for transfer to another practice.
