Customer Agreement In the event of a conflict between this Agreement and any other agreement between the Bank and the Customer relating to the Account, the terms of this Agreement will prevail, and in all other respects the terms of the other agreement relating to the Account shall apply with respect to any matters not covered by this Agreement. Regardless of any provision in any such agreement, the State of New York shall be deemed to be the Bank’s location for the purposes of this Agreement and the perfection and priority of the Secured Party’s security interest in the Account.
Aircraft This peril includes self-propelled missiles and spacecraft.
Customer will (a) use the Services in accordance with the Agreement and all applicable laws. Customer remains responsible for the use of and access to the Services by Users and reasonably causing their compliance with the obligations under the Agreement where applicable to Users;
Customer Agreements SSG shall not distribute any Cooperative ------------------- Application or SSG Product to any Person unless SSG shall have first notified and required such Person to execute a form of customer agreement (the "Customer -------- Agreement(s)") provided by SSG, such Customers Agreement forms having: (i) ------------ terms relating to InterTrust Technology and InterTrust's rights and interests consistent with and reflective of the terms of this Agreement; and (ii) been previously approved in writing by InterTrust (such approval not to be withheld unless such Customer Agreement(s) does not reasonably protect InterTrust's rights under this Agreement or sufficiently protect InterTrust's Intellectual Property Rights. Once approved by InterTrust, the Customer Agreement(s) shall be set forth as an Exhibit to this Agreement and may be used, as applicable, by SSG as a form agreement unless and until: (a) SSG modifies such agreement (provided that InterTrust has approved such modification in writing); or (b) InterTrust reasonably requires that SSG alter the Customer Agreement to protect InterTrust's rights under this Agreement or to protect its Intellectual Property Rights, for example in view of court decisions and/or applicable regulations under the circumstances. At a minimum, the Customer Agreement forms will: (i) prohibit customers from disassembling, modifying or reverse engineering any portion of the InterTrust Technology incorporated in the SSG Product or Cooperative Application; (ii) stipulate that such customer has no right to use the SSG Product or Cooperative Application to engage in or perform any Clearinghouse Functions whatsoever unless such customer is an Authorized Clearinghouse Provider or an authorized sublicensee under Section 5.2 hereof; (iii) grant such customer only a limited license to use the Cooperative Application or SSG Product, and, as applicable, to (A) incorporate Authorized Application Software into such customer's software product to provide a Rights User Node that is Compliant with InterTrust Specifications or (B) develop and incorporate software components that provide the interface for and support operation in conjunction with a Rights User Node provided by InterTrust Commerce Technology; (iv) permit such customer to engage SSG and/or an Authorized Clearinghouse Provider to perform Clearinghouse Functions with respect to such software product; (v) provide that if such customer is permitted to modify any portion of InterTrust Technology, such customer shall grant to InterTrust a license on substantially the same terms as Section 8.4; (vi) provide that the Customer Agreement is to and for InterTrust's benefit and may be enforced by InterTrust at its discretion; and (vii) contain such other provisions as stipulated herein. SSG agrees that to the extent any form of Customer Agreement might be deemed to be unenforceable or otherwise ineffective in any jurisdiction, SSG shall, upon notification by InterTrust, substitute other forms of Customer Agreements, or take other actions, as reasonably specified by InterTrust, including, for example, specifying other generally accepted, legally effective forms of Customer Agreement, if such exists for a given jurisdiction, in order to provide InterTrust with legally enforceable protection contemplated hereunder. SSG agrees and acknowledges that SSG's performance of its obligations hereunder is necessary for InterTrust to adequately protect its Intellectual Property Rights made available hereunder, and such performance shall constitute a condition precedent to the licenses granted under Article 5 hereof. SSG shall not be obligated to file any claim in litigation to enforce the terms of Customer Agreement(s); provided that SSG -------- ---- shall, if requested by InterTrust, terminate such Customer Agreement(s) upon a material breach by such customer(s).
Supplier A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor.
Customer The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.
Vendor To perform as an independent vendor and not as an agent, representative, or employee of the Department.
Customer Services Provide services and systems dedicated to customer service, including billing, remittance, credit, collections, customer relations, call centers, energy conservation support and metering.
Customer Support Except as provided in the principal terms of this Agreement, as between the parties, Licensee shall be solely responsible for, and shall bear the cost of, providing customer support to Eligible Consumers, including, without limitation, responding to Eligible Consumer inquiries related to the Approved Devices as well as the process of accessing the Programs contained on the Eligible Consumer Approved Device. Licensee will provide customer support pursuant to and consistent with Licensee’s then-existing customer support practices.
Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.