G enerally. Notwithstanding any provisions to the contrary under this Agreement, the Option shall be subject to the Company’s clawback policy as may be established and/or amended from time to time (the “Clawback Policy”). In the absence of a Clawback Policy, the Option shall be subject to Section 11(b). The Administrator may require the Participant to forfeit, return, or reimburse the Company all or a portion of the Option and any amounts paid thereunder pursuant to the terms of the Clawback Policy or Section 11(b) or as necessary or appropriate to comply with Applicable Laws.
G enerally. Subject to the terms and conditions set forth herein, Profound Technologies agrees to perform the services, including providing any accompanying products (as applicable), set forth in the SOW. The SOW will set forth the description of the services to be provided, the time schedule of such services, the fees for such services and any other terms and conditions that apply to the specific SOW. Any products or equipment provided as part of the SOW are also subject to the terms of this Agreement. S tandard of Care. Profound Technologies shall perform any design and consulting services set forth in the SOW in accordance with the standard of skill and care generally exercised by other consulting firms in the same locale acting
G enerally. Vendor agrees to perform the services (“Services”) and/or provide the software (including all updates, revisions, error corrections, and subsequent versions thereof, “Software”), materials, equipment, hardware, goods, or deliverables described in a PO (collectively referred to as “Goods”), in accordance with the terms and conditions in this Agreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Upon acceptance of a PO, shipment of Goods or commencement of Services, Vendor shall be bound by the provisions of this Agreement, whether Vendor acknowledges or otherwise signs this Agreement or the PO, unless Vendor objects to such terms in writing prior to shipping Goods or commencing Services or the parties have agreed in writing to a separately negotiated purchase agreement that expressly supersedes the terms and conditions of this Agreement (a “Purchase Agreement”), in which case the terms and conditions of such Purchase Agreement shall apply. A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Phase Four representative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Vendor which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that a PO might be treated as an acceptance of Vendor’s prior offer, such acceptance is expressly made on condition of assent by Vendor to the terms hereof and shipment of the Goods or beginning performance of any Services by Vendor shall constitute such assent. Phase Four hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Phase Four shall not be subject to any charges or other fees as a result of such cancellation. All shrink-wrap, click-wrap, browse-wrap, and similar terms accompanying any Software, and any online terms of use, terms of service, or similar terms relating to Goods or Services, are expressly rejected by Phase Four and are null and void. The terms of this Agreement shall prevail over all other such terms and conditions.
G enerally. The Developer shall pay and be responsible for all Costs with respect to the Facilities and this Agreement.
G enerally. In the interest of resolving disputes between you and Current in the most expedient and cost effective manner, you and Current agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CURRENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
