Count Four: Breach of Contract (Endeavor to Promote Sample Clauses

Count Four: Breach of Contract (Endeavor to Promote. 22 a. The Parties’ Arguments 23 XxXxxxx moves for summary judgment on Count Four for two reasons: (1) the 24 “endeavor to promote” clause simply does not guarantee what SiteLock suggests it does; 25 and (2) SiteLock’s alleged damages are speculative, uncertain, and based on flawed 26 assumptions. (Doc. 342 at 10-14.) As for the first argument, XxXxxxx elaborates that 27 “[n]either the Reseller Agreement, nor any known case law, defines the scope or 28 obligations of language in a contract stating that one party will ‘endeavor to promote’ 1 another party’s products. The law is clear, however, that courts should avoid interpreting 2 one contractual provision in a way that renders another provision meaningless. The plain 3 language of the Reseller Agreement—and the testimony of SiteLock’s own witnesses— 4 contradict any claim that XxXxxxx was prohibited from ‘promoting’ a ‘competing website 5 security service,’ or that GoDaddy was required to sell SiteLock products. As a result, 7 Reseller Agreement fails because it would read into the Reseller Agreement an exclusivity 8 provision and mandatory sales obligation to which GoDaddy did not agree.” (Id. at 10-
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Related to Count Four: Breach of Contract (Endeavor to Promote

  • DATA BREACH - REQUIRED CONTRACTOR ACTIONS Unless otherwise provided by law, in the event of a Data Breach, the Contractor shall:

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  • Failure to Supply Workmen or Materials or to Prosecute the Work A Notice of Non-Compliant Work may be issued for failure of the Contractor to supply enough workers or enough materials or proper materials to prosecute the Work. A Notice of Non-Compliant Work in such event may be based on Article 3.3.2 (Competent Management of Time), and upon the definition of Work as set forth under Paragraph 1.1.9.58.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

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  • Additional Requirements from Authorized Users An Authorized User may have distinct requirements that must be met by all individuals employed by or working for the Authorized User. The Contractor’s Staff Members will be expected to comply with these requirements as a condition of the placement.

  • PERFORMING AGENCY’S PRE-EXISTING WORKS A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-existing Works”), Performing Agency retains ownership of such Incorporated Pre-existing Works.

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  • CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS In connection with any Contract modification, OGS reserves the right to:  request additional information  reject Contract modifications  remove Products from Contract modification requests  request additional discounts for new or existing Products

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