Applicability of Service Delay Damages Sample Clauses

Applicability of Service Delay Damages. [ ] Service Delay Damages and response times for regions not listed above shall be discussed and mutually agreed between both parties within sixty (60) days of execution of this Agreement. Costs, damages, and response times for Products installed at other locations shall be mutually agreed to be both Parties on a case-by-case basis. If a Defect is covered under the Warranty, all expenses for issue resolution shall be paid by Supplier. In no event shall Supplier perform any major repairs that are not covered under the Warranty without prior written permission from Customer or System Owner, as applicable. Further, if the root cause of the issue is excluded from the Warranty or obligations herein, then Service Delay Damages shall not accrue.

Related to Applicability of Service Delay Damages

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

  • NOW, THEREFORE the parties hereto agree as follows:

  • Notices All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so mailed:

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.