Service and Performance Sample Clauses

Service and Performance. PROVIDER XXXX XXXXXXX THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER SHALL APPLY TO ANY EQUIPMENT SOLD OR LOANED AND TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICE, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY PROVIDER, ITS AFFILIATES, ITS CONTRACTORS, MANAGERS, MEMBERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. PROVIDER DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, OR ERROR FREE. Neither Provider, nor its agents, contractors, employees, manager(s), or members (collectively referred to hereafter as “Provider’s Group”), will be responsible for, and Customer waives and relinquishes any claim against Provider’s Group for any damage, loss, cost or other expense, whether direct, indirect, consequential or incidental, that Customer or any third party may suffer which is related to, or results from Customer’s use of the Service. This includes, but is not limited to, loss of data or business resulting from delays, non-delivery, mis-delivery, or interruptions as a result of Provider’s or Customer’s (in)actions. CUSTOMER EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH CUSTOMER’S USE OF THE SERVICE, including but not limited to those that might occur from the introduction into Customer’s computer(s) of viruses, worms, Trojan Horses, or from unauthorized entry or entries into Customer’s computer(s) or any other problem, which result from use of, or occur through the Service. Customer agrees to defend, indemnify and hold harmless, to the extent permitted by law, Provider’s Group from any damage, loss, cost or expense that may occur to Customer or any third party as a result of the use of the Service. Customer agrees to defend, indemnify and hold Provider’s Group harmless from any and all liabilities, costs, judgements and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of this Agreement by Customer, or by a third party or parties accessing the Service through Customer; (b) use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer, or by a third party or parties accessing the Service through Customer: (c) negligent acts or omissions of Customer’s officers, employees, agents or contracto...
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Service and Performance. Theseller shall provide the Service in accordance with the attached schedule or and may by amended by mutual agreement. The Seller isconsidered competent in performingthe Service and assuchwill be responsible for performing the Service in a professional manner expected of a reputable company. The Buyer relies on the Seller's professional expertise to perform audits and provide information to its employees or Agents under this Agreement.
Sample 1
Service and Performance. 7.1 ToledoTel will make reasonable efforts to assure that ToledoTel Internet Service will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service. 7.2 ToledoTel shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to ToledoTel Internet Service. 7.3 ToledoTel shall not be liable for performance deficiencies caused or created by your equipment. 7.4 You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the ToledoTel Internet Service. Further, you shall ensure that such equipment is technically and operationally compatible with the ToledoTel Internet Service and in compliance with applicable Federal Communications Commission rules and regulations. 7.5 ToledoTel Internet Service is provided over a shared network, and users will contend for bandwidth. As a result, depending among other things upon the intensity of customer use of ToledoTel Internet Service, the bandwidth available to you and the speed of service will not always operate at optimum levels. ToledoTel does not guarantee bandwidth. However, if ToledoTel determines, in its sole discretion, that your account is using, or has consistently used, an excessive amount of bandwidth, ToledoTel may restrict speed, bandwidth usage, and/or terminate your account at any time and without notice. Before taking any such action, ToledoTel shall make a reasonable effort to notify you that such action will be taken. 7.6 If your use or modification of the software, hardware or equipment supplied by ToledoTel requires a visit to your home or business for repair or correction, ToledoTel reserves the right to charge you for the visit and labor required to correct the situation. ToledoTel does not undertake to correct or repair software, hardware or equipment that it does not supply.
Sample 1
Service and Performance. 6.1 Xxxxxx Broadband will make reasonable efforts to assure that HSD will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service and users will contend for bandwidth. As a result, depending on intensity of customer use of HSD, and Internet use generally, the bandwidth available to you and the speed of service may not always be at optimum levels. You are responsible for management of your data stored on or transmitted over the HSD service. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of security features. None of Xxxxxx Broadband, its agents and its subcontractors shall have any obligation to develop and maintain management and security procedures (such as application logon security and encryption of data) to protect your information. Solely for the purposes of maintaining the HSD service, Xxxxxx Broadband, its agents and its subcontractors may need to view and work with portions of the data you transmit using the HSD service (such as address header information). You agree that Xxxxxx Broadband, its agents and its subcontractors may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute your data domestically and internationally for such purposes. Except for purposes of operating and maintaining the HSD service, Xxxxxx Broadband, its agents and its subcontractors shall not reverse assemble, reverse compile, or to disclose to third parties the information that you transmit while using the HSD service (unless required by law, court order, an authorized government entity, or as otherwise authorized by you). You agree that access to ideas, concepts, know-how, and techniques contained in data viewed or worked with during the maintenance and operation of the HSD service and retained in the memories of employees of Xxxxxx Broadband or its agents or its subcontractors will not prohibit or prevent Xxxxxx Broadband or its agents or its subcontractors from developing or marketing any service or product. HSD service is generally available 24 hours a day, seven days a week, provided, however, that Xxxxxx Broadband, its agents and its subcontractors reserve the right to schedule reasonable hours for maintenance or HSD service changes at their discretion.
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Service and Performance 
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Related to Service and Performance

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Capacity and Performance (a) During the term of Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President and Chief Financial Officer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company’s Subsidiaries if so elected or appointed from time to time.

  • Payment and Performance Bond Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.

  • Guaranty of Payment and Performance Guarantor’s obligations under this Guaranty constitute an unconditional guaranty of payment and performance and not merely a guaranty of collection.

  • Payment and Performance of Obligations Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.

  • Payment and Performance Bonds The Contractor shall comply with the following minimum bonding requirements:

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Portfolio Expense and Performance Data The Fund shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year:

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