BlueArc Obligations Clause Samples
The "BlueArc Obligations" clause defines the specific duties and responsibilities that BlueArc must fulfill under the agreement. This may include delivering products or services, meeting certain performance standards, or adhering to timelines and reporting requirements. By clearly outlining what is expected of BlueArc, this clause ensures accountability and helps prevent misunderstandings or disputes regarding each party's roles in the contract.
BlueArc Obligations. 3.1 BlueArc will highlight HDS in marketing materials where appropriate.
3.2 BlueArc will provide sales and technical presentations, data sheets, case studies, sales guides, FAQ’s, application and white papers, as available, to HDS to use in development of HDS marketing materials. * * * Indicates that confidential treatment has been sought for this information. 72 Reference No.: Company: Address: Attention: Telephone: Email: Date of Non Disclosure Agreement with Company: Configuration: See Exhibit A This Equipment Loan Agreement (“Loan Agreement”) is made between Hitachi Data Systems Corporation of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ (“HDS”) and , with its respective principal place of business at the address indicated above (“Company”), effective as of . This Loan Agreement grants certain limited rights to the party identified as “Company” above and such rights are not transferable, assignable, applicable to or usable by any third party, with the term “third party” specifically including corporate affiliates of the Company. HDS and Company agree as follows:
1. Subject to availability, the Company may use the HDS equipment and related software as described in Exhibit A at no cost to Company. The purposes of the loan (“Activities”), the equipment configuration and related software, including documentation (“Equipment”), the duration of the loan (“Loan Period”), the shipment date and the delivery address are specified in Exhibit A to this Loan Agreement. Notwithstanding the foregoing, either party may terminate this Loan Agreement as to any or all items of Equipment at any time upon at least ten (10) business days’ written notice. In addition, HDS may terminate this Loan Agreement immediately in the event of a merger or other transaction with Company in which a constituent party is a competitor of HDS. At the end of the Loan Period for any item of Equipment, if that Loan Period is not extended pursuant to a written agreement signed by both parties, Company will make the Equipment available to HDS for removal.
2. The Equipment may not be used for commercial or production purposes or for any other activities not expressly authorized hereunder. The Equipment may not be moved from the initial install site as indicated in Exhibit A except with the prior written permission of HDS. Company will perform its Activities in a professional and workmanlike manner, in accordance with the highest standards of the industry, and in compliance with its contractual obligat...
BlueArc Obligations. (a) BlueArc shall provide to HDS the access specified below to its Technical Services Engineers to enable HDS, directly or indirectly, to respond to End User reported Problems with Products. BlueArc’s Technical Services Engineers shall * * * Indicates that confidential treatment has been sought for this information. 56 be available to respond to telephone inquiries by HDS twenty-four (24) hours a day, 365 days a year, in accordance with the provisions and response times specified in Section 9 [Problem Severity Definitions and Response Requirements].
(b) BlueArc Technical Service Engineers will not contact End Users directly without HDS Qualified Support Employee present or without HDS’ consent.
(c) During the Term, BlueArc will adhere to standard call policy/procedures and release policy/procedures, as defined by the SIP, in relation to HDS logging calls with BlueArc.
(d) If HDS cannot resolve a Problem with Level 1 or, when applicable, ▇▇▇▇▇ ▇ Support then HDS shall contact BlueArc for higher-level Support in accordance with the applicable SIP. In the event BlueArc believes improperly escalated calls has become an issue, the Parties will mutually agree on an action plan to resolve the issue, which may include additional training, adjustments to the Support fees paid, and term for resolution.
(e) BlueArc Technical Service Engineers will respond to HDS’ technical Support organization’s documented report of a Product Problem in accordance with this Exhibit B and the applicable SIP. Depending on the severity of the Problem, BlueArc Technical Services Engineers will contact HDS as described in the SIP.
(f) BlueArc will provide Case numbers for each Case opened by HDS, and will respond to information requests using the Template (as defined in Section 4.1(a) below) with that Case number. BlueArc will record the HDS Case number for each Case opened for cross-reference purposes, provided such number is included with the submitted Template.
(g) Subject to BlueArc’s confidentiality obligations, BlueArc will provide HDS with access to the BlueArc Knowledge Base for commonly reported Problems, technical information, patches and bug fixes. BlueArc hereby grants HDS permission to reproduce unmodified published BlueArc knowledge resolutions for inclusion in HDS’ related knowledge base. If HDS makes any material modification to a BlueArc knowledge resolution, HDS must obtain prior written or electronic approval from a BlueArc Technical Services Engineer before HDS include...