Customer Contracts. 6.2.1 The Redistributor should ensure that its contracts with its Customers give it all necessary rights to control and monitor Data use.
Customer Contracts. Promptly after any Loan Party becoming aware of the same, the Borrower shall give the Administrative Agent written notice of any cancellation, termination or loss of any material Contractual Obligation or other customer arrangement.
Customer Contracts. 4.1 Distributor shall have the authority to solicit the signature of customers on Licensor's customer contracts which have been jointly prepared by Licensor and Distributor for customers. Distributor has and shall exercise no authority to make any alterations in such agreements or to execute or accept such agreements on behalf of Licensor. Distributor shall inform all customers that such agreements must be forwarded to Licensor for acceptance and execution by Licensor in order for such agreement to be binding on Licensor.
Customer Contracts. A complete and accurate list of each Customer Contract pursuant to which AHPC or its Affiliates is, immediately prior to the date of this Agreement, selling any of the Current Products, either with or without other products of AHPC and its Affiliates, to Third Party buyers is attached hereto as Exhibit C. AHPC has provided to KV a complete and accurate copy of each such Customer Contract, except that such copies may have information redacted to the extent that they include information relating to the sale of products other than the Products by AHPC. At the Closing, AHPC will assign and transfer to KV, and KV will assume and accept from AHPC, the Customer Contracts, and thereafter AHPC and KV shall use their mutual reasonable commercial efforts to obtain the release of AHPC and/or its Affiliate(s) from any further obligation under each of the Customer Contracts, except that AHPC will continue to comply with the Customer Contracts in respect to its obligations thereunder relating to products other than the Products. The Parties understand and agree that, because the right to sell the Products is being transferred to KV pursuant to this Agreement, as of the Closing Date AHPC will no longer have the right to sell the Products under the Customer Contracts, provided, however, that KV covenants and agrees that it will continue to honor all of AHPC's and its Affiliates' commitments made in each such Customer Contract with respect to supplying the Current Product, including, without limitation, the sale prices, for the Current Products throughout the term of each such Customer Contract. If and to the extent that AHPC and KV are unable to obtain a release from a Third Party of AHPC's obligations to supply the Current Products under any such Customer Contract, then upon the request of KV, AHPC shall use its Commercially Reasonable Efforts to take actions that are permitted under the terms of such Customer Contract to minimize the commitment for Products thereunder, including, without limitation, adjusting Current Product prices upward and reducing the term of such Customer Contract solely with respect to the Current Products, provided, however, that AHPC shall not be required to either (i) adjust prices or terms relating to products other than Products or (ii) make any payments to such Third Party in consideration for making such price adjustments or modifications to the Customer Contract. AHPC agrees that it will not take any action with respect to any Customer Cont...
Customer Contracts. With respect to each contract, agreement, commitment or other instrument in effect to which the Company is a party with any customer of the Company (each, a "Customer Contract") all performance warranties with respect to computer software represented in writing as owned by or proprietary to the Company ("Owned Software") made by the Company in any Customer Contract, including warranties with respect to capacity, availability, downtime and response time, and Year 2000 compliance have been satisfied in all material respects upon the terms and conditions and to the extent provided for in such Customer Contract, except for failures to satisfy which, individually or in the aggregate, would not have a Material Adverse Effect.
Customer Contracts. Representative shall provide to Customers the applicable RingCentral sales agreement and ordering documents included in the RingCentral Terms. In the event a Customer requests changes of any type from the standard RingCentral Terms, or discounts over the list price, all such proposed changes and discounts shall be forwarded to Avaya for its consideration and handling. RingCentral shall have sole discretion to determine if it wishes to agree to any changes to the RingCentral Terms. Representative understands and acknowledges that RingCentral shall have the right to reasonably modify the processes and documentation required to consummate a Qualified Sale. Any action of RingCentral in providing Services under terms erroneously offered by Representative or otherwise inconsistent with the then-effective RingCentral’s approved sales agreement forms shall not be deemed ratification or approval by RingCentral of such terms. RingCentral may update the RingCentral Terms from time to time, and the updated RingCentral Terms will become effective upon such update.
Customer Contracts. Except as described in the Prospectus, the Company has not sent or received any communication regarding termination of, or intent not to renew, any of the contracts or agreements referred to or described in, or filed as an exhibit to, the Registration Statement, and no such termination or non-renewal has been threatened by the Company, or to the knowledge of the Company, any other party to such contract or agreement.
Customer Contracts. Permit any Encumbrances on Customer Contracts other than Permitted Encumbrances; provided, however, an Obligor may permit Encumbrances on Customer Contracts in favour of suppliers for such Customer Contracts so long as (i) revenue generated on all such Customer Contracts Encumbered in favour of suppliers accounts for no more than 3% of revenue generated by all Customer Contracts; and (ii) gross margin generated by such Customer Contracts Encumbered in favour of suppliers accounts for no more than 3% of gross margin of JustEnergy (on a consolidated basis) calculated on a rolling four quarter basis at the end of each Fiscal Quarter. The Encumbrances of the Security over Customer Contracts that may be Encumbered in favour of suppliers from time to time in accordance herewith, will be released from time to time in accordance with the terms of the Intercreditor Agreement.
Customer Contracts. All sale orders and other Contracts for the provision of goods or services to customers to the extent relating to the conduct of the Business, including the portion of each Shared Contract set forth on Schedule 1.1I under the heading “Shared Customer Contracts” to the extent relating to the conduct of the Business after the Closing;
Customer Contracts. The Supplier shall, as soon as is reasonably practicable after receiving notice from the Authority and in any event prior to the Earliest Supply Start Date for that Customer, issue the Customer with a Customer Contract and the Parties shall co-operate and do such things (including procuring the Customers to do such things) as are reasonably required to ensure that the Customer executes a Customer Contract as soon as is reasonably practicable and in any event by the Earliest Supply Start Date. Subject to the second sentence of this Paragraph 2.2 the Supplier, in entering into a Customer Contract, shall not materially alter the terms of the Customer Contract from the terms of the Model Customer Contract or Model Ancillary Services Contract (as the case may be). If a Customer (or the Authority on a Customer’s behalf) requests that the Supplier enters into a Customer Contract on terms which are varied from the Model Terms (“Varied Terms”), the Supplier shall: act reasonably in considering whether it is willing to enter that Customer’s Customer Contract on the basis of such Varied Terms; and if it is willing to enter into that Customer’s Customer Contract on the basis of the Varied Terms, do so only with the prior written consent of the Authority (such consent being at the Authority’s absolute discretion).
