Capacity. IET systems are monitored to optimize the use of resources and to control costs. Where services are hosted by external service providers (outsourced), agreements are in place to monitor capacity and performance. Availability Exclusions (Force majeure) A loss of availability from causes which are beyond the control of IET is excluded from the availability warranty. This includes but is not limited to, acts from natural events such as earthquakes, storms, natural flooding, and wild fires. Also excluded are police actions, interruptions due to protest events, labor disputes, war, pandemic, terrorism, riots, and/or inability to obtain energy. Each party must provide prompt notice of service disruptions. Services will resume as soon as possible. Either party will take all reasonable steps to remove the causes of unavailability and resume services as soon as reasonably possible. IET will provide the availability status of major services on the IET status page. The status page is located at xxxx://xxxxxx.xxxxxxx.xxx/ Change Management Managed campus-wide systems, applications and services may be subject to the formal IET Change Management process. Changes to services may be required by system maintenance needs, corrective actions to resolve incidents, or service improvement projects. Changes may require adherence to change management policies including formal authorizations, approvals, peer reviews, risk assessments and lead times for notifying Customers and scheduling changes. IET notifies Customers about planned technology systems are changes that may have a risk of directly or indirectly impacting IET services. Responsibilities Between Parties Information and Educational Technology Information and Educational Technology shall be responsible for ensuring that reasonable skill, care and diligence are exercised in carrying out the services properly and efficiently in accordance with this service level agreement. Data and Information Transnational data and information supplied by the Customer or its clients are owned by the Customer. IET serves as custodian of these data and will take measures to house, backup and protect the data for the Customer, consistent with the services, and as appropriate. General Customer Responsibilities Customer agrees to use and pay for the services in accordance with the terms of this agreement and in compliance with any overarching UC Xxxxx policies. Customer agrees to take appropriate steps to ensure compliance with The UC Xxxxx Cyb...
Capacity. Shareholder has all requisite capacity and authority to enter into and perform his, her or its obligations under this Agreement.
Capacity. The Purchaser validly subsists under the laws of the Province of British Columbia and has all necessary requisite corporate power and capacity to execute and deliver this Agreement and to perform its obligations hereunder.
Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or officer of the Company.
Capacity. The capability to generate or transmit electrical power, measured in megawatts (“MW”).
Capacity. The Bank and the Transferor acknowledge and agree that (i) the transaction contemplated by this Agreement is an arm’s-length commercial transaction between the Bank and the Transferor, on the one hand, and each of the Underwriters, on the other, (ii) in connection therewith with respect to all aspects of the transaction contemplated herein, each Underwriter is acting as a principal and not the agent or fiduciary of the Bank and the Transferor, and the Bank and the Transferor hereby expressly disclaim any fiduciary relationship with respect thereto, and (iii) none of the Underwriters has assumed an advisory responsibility in favor of the Bank or the Transferor with respect to the transaction contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Bank or the Transferor on other matters) or any other obligation to the Bank or the Transferor except the obligations expressly set forth in this Agreement.
Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of Parent, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director, officer or employee of Parent or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the Shareholder to comply with his or her fiduciary duties as a director, officer or employee of Parent.
Capacity. B42.1. Without prejudice to the contractual rights and/or remedies of the Provider expressly set out in this Contract, the obligations of the Authority under this Contract are obligations of the Authority in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon the Authority or in any way xxxxxx or constrain the Authority in any other capacity, nor shall the exercise by the Authority of its duties and powers in any other capacity lead to any liability on the part of the Authority under this Contract (howsoever arising) in any capacity other than as contracting counterparty.
Capacity. None of the Rollover Securityholders executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Notwithstanding anything to the contrary in this Agreement, (i) each Rollover Securityholder is entering into this Agreement, and agreeing to become bound hereby, solely in its/his capacity as a beneficial owner of, or as a trust whose beneficiaries are the beneficial owners of, the Securities owned by it and not in any other capacity (including without limitation any capacity as a director or officer of the Company) and (ii) nothing in this Agreement shall obligate such Rollover Securityholder or its/his Representatives to take, or forbear from taking, as a director or officer of the Company, any action which is inconsistent with its/his or his fiduciary duties under the applicable Laws.
Capacity. Party A represents to Party B on the date on which Party A enters into this Agreement that it is entering into the Agreement and the Transaction as principal and not as agent of any person. Party B represents to Party A on the date on which Party B enters into this Agreement it is entering into the Agreement and the Transaction in its capacity as Swap Contract Administrator.