Phoenix Obligations. (a) Subject to Section 8.2(a), below, Phoenix shall provide to Vendor the office space reasonably needed and comparable to similarly situated employees of Phoenix to accommodate Vendor Personnel who are onsite at the Phoenix Locations (the “Phoenix Office Space”), as the same may be changed by Phoenix from time to time throughout the Term. As of the Effective Date, the Parties contemplate that approximately fifty (50) Vendor Personnel will initially be situated onsite at Phoenix Locations. With respect to such Phoenix Office Space, except as otherwise provided in this Article 8, Vendor shall have the same privileges regarding use thereof (such as heating, lights, air conditioning (‘HVAC’) systems, use of cafeteria, etc. (excluding parking privileges)) as do any other tenants of Phoenix. Furthermore, for those Vendor employees who are performing Services or any portion of the Services from Phoenix Office Space, such Vendor employees shall be free to use and consume, at no cost to Vendor, a reasonable amount of office supplies (such as pencils, pens, pads, copy machines and facsimile machines) that are ordinarily furnished by Phoenix to its personnel, and in accordance with the same policies and procedures regarding the use of office supplies and services as are applicable to similarly-situated Phoenix employees, as such policies and procedures may be modified from time to time. Vendor shall be responsible for providing all other facilities required to perform the Services, including data center and print and fulfillment facilities at the Phoenix Office Space or such other mutually acceptable location(s).
Phoenix Obligations. (a) Subject to Section 8.2(a), below, Phoenix shall provide to Vendor the office space reasonably needed and comparable to similarly situated employees of Phoenix to accommodate Vendor Personnel who are onsite at the Phoenix Locations (the "Phoenix Office Space"), as the same may be changed by Phoenix from time to time throughout the Term. As of the Effective Date, the Parties contemplate that approximately fifty (50) Vendor Personnel will initially be situated onsite at Phoenix Locations. With respect to such Phoenix Office Space, except as otherwise provided in this Article 8, Vendor shall have the same privileges regarding use thereof (such as heating, lights, air conditioning ('HVAC') systems, use of cafeteria, etc. (excluding parking privileges)) as do any other tenants of Phoenix. Furthermore, for those Vendor employees who are performing Services or any portion of the Services from Phoenix Office Space, such Vendor employees shall be free to use and consume, at no cost to Vendor, a reasonable amount of office supplies (such as pencils, pens, pads, copy machines and facsimile machines) that are ordinarily furnished by Phoenix to its personnel, and in accordance with the same policies and procedures regarding the use of office supplies and services as are applicable to similarly-situated Phoenix employees, as such policies and procedures may be modified from time to time. Vendor shall be responsible for providing all other facilities required to perform the Services, including _______________________________________________________________________________________________________________ July 29, 2004 Phoenix and Vendor CONFIDENTIAL Page 33 BRMFS1 509411v3 Technology Services Agreement _______________________________________________________________________________________________________________ data center and print and fulfillment facilities at the Phoenix Office Space or such other mutually acceptable location(s).
Phoenix Obligations. Phoenix agrees that it will not disclose, for any purpose, at any time, except as required by a valid court order, any specific terms of this Agreement to any person except those inside Phoenix who have a need to know, and legal and tax advisors. Phoenix will have all reference inquiries regarding Employee directed to either the Vice President of Human Resources or the Chief Executive Officer.
Phoenix Obligations. 5.1.1 Phoenix shall use its reasonable efforts to market, advertise and otherwise promote the Software to its existing and prospective customer base where in Phoenix's reasonable opinion it is the best solution for such existing or prospective customers' needs.
Phoenix Obligations. Upon depositing the Escrow Amount in the Escrow Account, Phoenix shall have no further obligation or liability (under the Phoenix Lease or otherwise) with respect to any tenant improvement work for space demised to NYL in the Building. In witness whereof, the parties hereto have executed this Agreement as a sealed instrument as of the day and year first set forth above. PHOENIX TECHNOLOGIES LTD. By: _______________________ THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: _______________________ NYL BENEFIT SERVICES COMPANY, INC. By: _______________________ Name: Title: MARIC, INC. By: _______________________ Name: Title: Hereunto duly authorized This exhibit shall be set forth above with the changes penned hereon and such other changes as are mutually agreeable to all parties.
Phoenix Obligations
