Applicable Agreement. When installing the Software or initiating a Service, You may be prompted to accept the same or another version of, or a third party, end user license agreement. The first version of a “Trend Micro License Agreement” You validly accept shall take precedence notwithstanding the terms contained in any other end user license agreement You may have been prompted to accept – unless the Software or Services are subject to an existing written contract or agreement signed by Trend Micro, in which case, the signed contract shall take precedence. Updates made available to You will be subject to the terms of this Agreement. Updates will replace previously licensed parts of the Software or Services. Some Major and Minor Product Updates may also require You to accept additional or different license terms as a condition of use. Otherwise, this Agreement and Trend Micro’s written specifications regarding Maintenance and licensed number of Computers, Virtual Machines or Users, as applicable, will supersede any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement must be agreed to in writing by Trend Micro.
Applicable Agreement. A. All engineers and assignments in the territories comprehended by this Implementing Agreement will work under the Collective Bargaining Agreement currently in effect between the Union Pacific Railroad Company and the Brotherhood of Locomotive Engineers dated October 1, 1977 (reprinted October 1, 1991), including all applicable national agreements, the "local/national" agreement of May 31, 1996, and all other side letters and addenda which have been entered into between date of last reprint and the date of this Implementing Agreement. Where conflicts arise, the specific provisions of this Agreement shall prevail. None of the provisions of these agreements are retroactive.
Applicable Agreement. The Parties agree that the crop insurance agreement entered into on June 20, 1997, as amended, is not applicable to any contracts of insurance issued in respect of the 2003 and subsequent crop years. For greater certainty, the production insurance agreement, attached as Annex B to this Implementation Agreement, commences with the 2003 crop year. The production insurance agreement shall be modified, from time to time, as necessary, to ensure consistency with the common risk management program base.
Applicable Agreement x. XXXXX Cloud Master Agreement US-GMA-1301562 (AR2487) This ordering document incorporates by reference the NASPO ValuePoint Master Agreement US-GMA-1301562 (AR2487) by and between Oracle America, Inc. ("Oracle") and the State of Utah, as the lead state, and the Participating Addendum US-GMA-1301562 (AR2487)_PA_City of Banning by and between Oracle and the City of Banning, California (collectively, the "Agreement").
Applicable Agreement. The Parties acknowledge and agree that (a) Gen-Probe is a party to the Applicable Agreement, which grants certain rights and imposes certain conditions with respect to certain transcription-based amplification patent rights; and (b) Licensee is a “Licensee” under the Applicable Agreement, entitled to the applicable rights and benefits, and subject to the applicable restrictions, therein. Licensee agrees, at the request of the Applicable Agreement Counterparty, to permit and to cooperate fully with an annual review of its manufacturing records (and such other records as may be required) by an impartial, technically qualified Third Party to verify compliance with the provisions of Section 3.3 of the Applicable Agreement. Selection of such Third Party shall be subject to the approval of Licensee, such approval not to be unreasonably withheld, delayed or conditioned. The results of such a review as provided to the Applicable Agreement Counterparty will consist solely of a finding of compliance or noncompliance. The cost of such review shall be borne by the Applicable Agreement Counterparty and shall not be unreasonably burdensome for Licensee. Gen-Probe represents and warrants, as of the Effective Date, that it is not in breach of the Applicable Agreement, and the Applicable Agreement is in full force and effect. Upon notice by the Applicable Agreement Counterparty that Gen-Probe is in breach of the Applicable Agreement, (i) Licensor shall promptly (and, in any event, before the effective date of termination of the Applicable Agreement) provide express written notice to the Applicable Agreement Counterparty of Licensee’s status as a “Licensee” under the Applicable Agreement, and (ii) Licensee agrees to be bound by the applicable terms and conditions of the Applicable Agreement.
Applicable Agreement. The definition of “Applicable Agreement” set forth in Section 1.1 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Applicable Agreement. When installing the Software or initiating a Service, You may be prompted to accept the same or another version of a Trend Micro license agreement. The first version of the agreement You validly accept shall take precedence – unless the Software or Services are subject to an existing written contract signed by Trend Micro, in which case, the signed contract shall take precedence. Some Major and Minor Product Updates may also require You to accept additional or different license terms as a condition of use. Otherwise, this Agreement and Trend Micro’s written specifications regarding Maintenance and licensed number of Computers, Virtual Machines or Users, as applicable, will supersede any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement must be agreed to in writing by Trend Micro.
Applicable Agreement. This Order Form is subject to the terms and conditions specified in the RingCentral Master Services Agreement (MSA) incorporated into the Region 4 Education Service Center (ESC) Contract # R200902 for Unified Communications as a Service (UCaaS) with RingCentral Inc. Effective: October 1, 2020 at its Appendix B, found at: xxxxx://xxxxxx.xxxxxxxxxxxxx.xxx/suppliers/ringcentral/contract-documentation#c38627, ® and administered by OMNIA Partners for Region 4 ESC. A separately executed MSA is NOT required between Customer and RingCentral. The following Attachments to the MSA are incorporated into and form a part of the MSA applicable to this Order Form: þ Exhibit A – Definitions þ Service Attachment A – RingCentral Office þ Service Attachment B – Professional Services Agreement þ Attachment C – Service Level Agreement for Office Services þ Attachment E – Business Associate Agreement þ Attachment F – Security Addendum þ Attachment G – Public Sector Entity – Ts & Cs Addendum þ Attachment H – Data Processing Addendum NOTE: With regards to Service Attachment A and Attachment C, any reference to RingCentral Office shall also apply to Avaya Cloud Office (ACO)
Applicable Agreement. When installing the Software or initiating a Service, You may be prompted to accept the same or another version of, or a third party, end user license agreement, however, the terms of this “Trend Micro License Agreement” shall take precedence notwithstanding the terms contained in any other end user license agreement You may have been prompted to accept.. Updates will replace previously licensed parts of the Software or Services. Some Major and Minor Product Updates may also require You to accept additional or different license terms as a condition of use. Otherwise, this Agreement and Trend Micro’s written specifications regarding Maintenance and licensed number of Computers, Virtual Machines or Users, as applicable, will supersede any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement must be agreed to in writing by Trend Micro.
Applicable Agreement
