Customer Agreements Sample Clauses

Customer Agreements. 29.1 Trader to include provisions in Customer Agreements: The following clauses apply in respect of the Trader’s Customer Agreements: (a) in respect of each Customer Agreement that has been entered into prior to the Commencement Date: (i) at the next review date, or, if the Trader is able to unilaterally vary the Customer Agreement, within 12 months after the Commencement Date (whichever is earlier), the Trader must issue a unilateral variation to the Customer Agreement to include provisions that have substantially the same effect as the provisions required to be included in the Customer Agreement by this Agreement, and those provisions must be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 12 of the Contract and Commercial Law Act 2017; or (ii) if the Trader is unable to unilaterally vary 1 or more Customer Agreements as set out in subparagraph (i), the Trader must: (A) use all reasonable endeavours to obtain at the next review of each Customer Agreement, or within 12 months, whichever is earlier, the agreement of the Customer to enter into a variation of the Customer Agreement to include the provisions required to be included in the Customer Agreement by this Agreement, and those provisions must be expressed to be for the benefit of the Distributor and enforceable by the Distributor under section 12 of the Contract and Commercial Law Act 2017; and (B) promptly provide notice to the Distributor if it is unable to obtain the agreement of the Customer required in subparagraph (A); or (b) in respect of each Customer Agreement that has been entered into after the Commencement Date, include the provisions required to be included in the Customer Agreement by this Agreement, and those provisions must be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 12 of the Contract and Commercial Law Act 2017.

Customer Agreements. (a) With respect to Master Agreements, Seller, Buyer and their respective Subsidiaries will use commercially reasonable efforts to obtain prior to the Closing or, if not obtained, will use commercially reasonable efforts to obtain within six (6) months following the Closing Date (other than for Federal Government Contracts for which there will be no six (6) month limit on the parties’ obligations to use commercially reasonable efforts to obtain a Federal Government novation), from the counterparty to each Master Agreement, any consent that is required to separate the portion of such Master Agreement that provides for the delivery of ILEC Services or other goods or services provided by the Transferred Business, it being understood that neither Seller nor Buyer or any of their respective Subsidiaries shall be required to grant any consideration to any counterparty to such Master Agreement. Buyer and Seller shall cooperate and work in good faith to separate the applicable portion of any Master Agreement hereunder. The Contract constituting the separated portion of any Master Agreement that provides for the delivery of ILEC Services or other goods or services provided by the Transferred Business as described in the preceding sentence shall constitute a “Customer Contract” and “Assigned Contract” under this Agreement, it being understood that in no event shall those portions of any Master Agreement providing for the delivery of goods and services that do not constitute ILEC Services or other goods or services provided by the Transferred Business be considered a Customer Contract or any Assigned Contract. (b) Buyer agrees that, to the extent Tariffs or agreements implementing Tariffs contain rates and charges or other terms and conditions based on volume of service, amount of purchase or spend, or similar volume commitments by the customers which are party to agreements implementing such Tariffs with customers served by Seller or its Affiliates under Master Agreements and the agreements of customers who do not provide consents under this Agreement (the “Volume Commitments”), Buyer will, for the term of each such Master Agreement, reduce such Volume Commitments pro-rata, without a change in rates and charges or other terms and conditions under such Tariffs or agreements, to reflect the fact that the customers who are party to such an Agreement or such Affiliates may, after the Closing, take service from both Affiliates of Seller and Buyer and not from Affiliates ...

Customer Agreements. The terms under which Customer deploys as a service or distributes the Software, Derivative Samples and Derivative Models must be at least as protective as the terms of the Agreement (including, but not limited to, terms relating to the grant, restrictions and protection of Intellectual Property Rights).

Customer Agreements. The Developer will: (a) prior to Building System Commissioning in accordance with Section 3.4: (i) complete, execute and deliver to Corix a Customer Agreement covering such Building; and (ii) cause any strata corporation then existing or subsequently created by the filing or registration of a strata plan in respect of the applicable Building to complete, execute and deliver to Corix a Customer Agreement covering such Building; provided, however, that there shall be only one Energy Transfer Station per Building, and therefore to the extent that there are multiple strata corporations created in respect of a Building, the Developer will cause the strata corporation whose premises include the space occupied by the Energy Transfer Station to complete, execute and deliver to Corix a Customer Agreement in respect of such Building; (b) prior to a strata corporation being created by filling or registration of a strata plan in respect of the Building, forthwith upon Corix’s request, cause any Person to whom the Developer transfers or otherwise disposes, whether directly or indirectly, all or any portion of its interest in the Project to complete, execute and deliver to Corix a Customer Agreement covering such Building; and (c) if any such strata corporation or Person referred to in subsections (a)(ii) or (b) above refuses to execute a Customer Agreement in respect of a Building as required by this Section 7.2, forthwith pay to Corix the sum equal to the full cost (including without limitation, the capital investment) of all Infrastructure associated with the provision of Energy Services to such Building (including the applicable Energy Transfer Station and Service Connection) in order to ensure other existing and potential Customers of the NUS are not adversely impacted.

Customer Agreements. NantHealth will only exercise its rights under Section 2.1 if: (i) NantHealth obtains appropriate authorization and the informed consent from the applicable patient under an informed consent document provided by or otherwise approved by NantOmics (which informed consent document shall provide NantOmics with rights to Omics Data as contemplated in this Agreement) and (ii) with respect to any Institutional Customer, such Intuitional Customer executes a Customer Agreement with terms and conditions no less protective of NantOmics and its service providers than the applicable terms and conditions related to NantHealth’s own products and services and, with respect to the Omics Services, reasonable warranty disclaimers and liability limits for services of this type and rights to Omics Data as contemplated in this Agreement.

Customer Agreements. Customer agrees to follow the procedures outlined herein and in the Enrollment Form, or as otherwise provided in any Service Procedures, including, without limitation, those relating to document specifications for the remittance documents to be submitted hereunder. Customer will notify its payors to mail their remittances to the Lockbox by means of check, draft or money order and not to send cash or business reply mail or any other correspondence to the Lockbox. Customer acknowledges and agrees that if the performance of the Accelerate AR Service requires data, documents, information or materials of any nature to be furnished by Customer, or requires the assistance or participation of Customer’s personnel, then Customer, at Customer’s sole cost and expense, hereby agrees to furnish all data, documents, information and materials and to perform all such acts and to make appropriate personnel, records, and facilities available to Bank and its Service Provider, all at such times and in such form or manner as may be specified by Bank in order to enable Bank to perform the Accelerate AR Service hereunder. Customer is responsible for all printed forms, envelopes, postage, shipping and material costs and shall reimburse Bank for any expense incurred by Bank for any such items.

Customer Agreements. MSP will be solely responsible for providing its products and services to its Customers. Malwarebytes will have no liability to any Customer with respect to MSP’s use of the Software whether such use is on such Customer’s behalf or otherwise. Without limiting the foregoing, MSP may not distribute the Software to any Customer unless MSP has entered into a written agreement with such Customer that contains, at a minimum, terms and conditions substantially similar to the following: (i) MSP or its licensors retain all of their Intellectual Property Rights in the MSP Services (including the Software), and no title to such Intellectual Property Rights are transferred to the Customer; (ii) the Customer agrees not to reverse assemble, reverse engineer, reverse compile, or otherwise translate or modify any portion of the Software; and (iii) that otherwise contains terms that are equally protective of Malwarebytes’ rights in the Software as those contained in this Agreement. MSP will use its best efforts to enforce the terms of each such Customer agreement.

Customer Agreements. Supplier acknowledges that Buyer has written agreements with customers which require Buyer to bind its suppliers to certain terms and conditions. Supplier agrees to be bound, to the extent applicable to Supplier, by any and all such customer agreements.

Customer Agreements. Licensee’s or its Affiliates’ agreements with Customers must contain terms and conditions no less protective of NantHealth and its licensors than the applicable terms and conditions relating to Licensee’s and its Affiliate’s own products of a similar nature.

Customer Agreements. All customer agreements used by Correspondent shall be provided by Ridge or, alternatively, by Correspondent at its expense and pre-approved in writing by Ridge. In the event that any customer agreement is prepared by Correspondent, Correspondent agrees to designate Ridge as a beneficiary of each of Customer’s representations, warranties, acknowledgments and covenants in the customer agreement to the same extent as if such representations, warranties, acknowledgments and covenants were made directly by Customer to Ridge, and that Ridge, in its own name and for its own benefit, shall be entitled to enforce such provisions and all other rights granted to Correspondent directly against Customer.