ASP Clause Samples

ASP. For so long as EarthLink or a Subsidiary of EarthLink owns a share of Class B Common Stock, each Stockholder and each Subsidiary of a Stockholder that acts as an ASP in the United States (each, a “Provider”) and proposes to offer ASP solutions, applications and platforms, including a license or professional service with respect thereto, but excluding Coloring Service, (each, an “ASP Item” and collectively, the “ASP Items”) to any Third Party within or for use within the United States, shall give the Operating Company written notice six (6) months prior to the proposed offer. During the six (6) month notice period, the Operating Company shall have the option to purchase or adopt the offered ASP Item or Items from the Provider (for purposes of internal use or resale to Third Parties) on terms no less favorable than those offered by the Provider to the Third Party. If the Operating Company purchases or adopts the offered ASP Items(s) from the Provider within the option period, then Provider shall: (a) be prohibited from offering or selling the ASP Item(s) to any Third Party in the United States or for use in the United States without the Operating Company’s written consent. If the Operating Company declines to acquire or adopt the ASP Item(s), the Provider may provide the ASP Item(s) to the Third Party; and (b) provide the Operating Company with a reasonably detailed service deployment plan with respect to the ASP Item(s). The foregoing shall not apply to contracts between a Provider and any Third Party entered into prior to November 1, 2004. Under no circumstances shall SKT propose to offer ASP Items to Third Parties within or for use in the United States during 2005.

ASP. Service Provider shall be responsible for those items set forth in the ASP.

ASP. For so long as EarthLink or a Subsidiary of EarthLink owns a share of Class B Common Stock, each Stockholder and each Subsidiary of a Stockholder that acts as an ASP in the United States (each, a “Provider”) shall, if requested by the Operating Company, provide ASP solutions, applications and platforms, including a license or professional service with respect thereto, but excluding Coloring Service, to the Operating Company on terms no less favorable than those offered by the Provider to third party purchasers in the United States for substantially similar volumes of substantially similar products and services.

ASP. In the event of termination ASP shall: --- 14.01.1 perform with respect to COREL all payment and other obligations of ASP arising under this Agreement within thirty (30) days of termination; 14.01.2 immediately cease to use the COREL Marks in any manner whatsoever and immediately cease to act as a Software access provider and to represent itself as such; and 14.01.3 immediately remove all Software provided pursuant to this Agreement from ASP System and ASP's server and cease or destroy any such Software contained on ASP computers and/or computer diskettes in possession or under its control.

ASP. The term ASP shall mean and refer to an Application Server Provider (ASP) system to manage internet commerce thru concurrent sub-licensing interfaces, for the benefit of miners, vendors, customers, visitors, manufacturers and network marketing participants and their distributors and to track e- commerce technology thru proprietary internet source code licensed to ipowerUpSoftware, LLC (from Star Link Investments, Inc) and hereby Sub-Licensed to ▇▇▇▇▇▇.▇▇▇ by ipowerUpSoftware, LLC thru its marketing and licensing agreement with Star Link Investments, Inc, to further Sub-License and Mirror Sub-License the system to Network Distributors, while promoting, deploying, and protecting the proprietary heavy logic source code and licensing rights of Star Link Investments, Inc.

ASP. A copy is available for viewing at the School District's office, and a hard copy will be mailed upon request. To the extent that there is any discrepancy between the attached or provided schedule of prevailing wage rates and the published rates as are applicable under WAC ▇▇▇-▇▇▇-▇▇▇, or if no schedule is attached, then the applicable published rates shall apply at no increase to the Contract Sum. The Contractor shall provide the respective Subcontractors with a schedule of the applicable prevailing wage rates. The Industrial Statistician will answer questions relating to prevailing wage data upon request. CAMAS SCHOOL DISTRICT NO. I 17 10.13.2 Pursuant to RCW 39.12.060, in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the Department of Labor and Industries, whose decision therein shall be final and conclusive and binding on all parties involved in the dispute.

ASP. 1. Shall service and maintain the Equipment and keep the Equipment in good working order. 2. Shall repair and service the Equipment at the Customers request. If required, ASP ▇▇▇▇▇ at its sole discretion replace, without any charge, worn-out parts by parts including Photoreceptor (Drum) of serviceable quality. Parts thus replaced shall be the properly of ASP and ASP authorised engineers/representatives shall be entitled to remove and carry away such parts from the Customer’s premises without being liable to the Customer whatsoever. 3. Shall provide the said services during Its normal working hours on ASP working days. Provided always ASP shall be entitled to charge addiitonally for any services required outside of the said ASP normal working hours & ASP working days. 4. Shall not be liable in any manner whatsoever to indemnify the Customer or any user of the Equipment for any loss, injury or damage of any kind whatsoever, howsoever caused. 5. Shall not be liable or responsible, in any manner, to the Customer for the damages caused to the Equipment due to any services performed or use of parts and/or xerographic supplies not conforming to XIL’s approved specifications. 6. Shall be entitled without any let or hindrance to depute its employees or authorised representatives to enter the Customer’s premises at all reasonable time to inspect and service the Equipment. 7. Shall not be liable in any manner whatsoever to the Customer in the event of ASP being prevented or delayed in the performance of any of its obligations under this Agreement due to conditions constituting Force Majeure which shall include but not limited to strikes, lockout, concerted action of workmen, breakdown of communications etc. 8. Shall provide free of charge subject to clause C.7 below all xerographic supplies except power, paper, staples and other output copy material, as and when necessary to do so.

ASP. 1 to provide bank guarantees (a) At or before the time it signs this agreement, the ASP/1 must provide to Ausgrid one or more acceptable bank guarantees to Ausgrid in an amount equal to the amount required at the date of this agreement. (b) If at any time during the guarantee term the total uncalled amount of all bank guarantees provided under or in connection with this agreement is less than the amount required at that time: i) Ausgrid may issue the ASP/1 with a notice requiring the ASP/1 to provide one or more further acceptable bank guarantees so that the total uncalled amount of all bank guarantees held by Ausgrid will equal the required amount (additional security); and ii) within 20 business days of that notice, the ASP/1 must provide the additional security to Ausgrid. Should the additional security not be received in accordance with the above requirements, Ausgrid reserves the right to prevent the ASP/1 from commencing construction on any new projects or existing projects being electrified, until the additional security is received. Subject to clause 6.3, all bank guarantees provided to Ausgrid under or in connection with this agreement will remain in place until the guarantee term expires.

ASP. If you have any queries regarding the UNSPSC please contact the appropriate Contract Manager within the Government Procurement Service, [letterhead of Supplier or Supplier’s external auditor] Government Procurement Service 9th Floor The Capital Old Hall Street Liverpool L3 for itself and as agent for the Contracting Bodies (as defined below) Dear Sirs We refer to the Communications: Creative Solutions, Execution and Related Services Framework Agreement (RM988) dated [insert Commencement Date dd/mm/yyyy] between the Minister for the Cabinet Office acting through Government Procurement Service as the Authority and [insert name of supplier] as the Supplier (the “Framework Agreement”). Capitalised terms and expressions used in this letter have the same meanings as in the Framework Agreement unless the context otherwise requires Pursuant to the requirements of Clause 17.3 of the Framework Agreement we hereby confirm the following: