SERVICENOW OBLIGATION Sample Clauses

SERVICENOW OBLIGATION. Subject to the limitations in this Section 7, ServiceNow will:
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SERVICENOW OBLIGATION. Subject to the exclusions set forth below, ServiceNow shall: (i) defend Customer, its officers, directors and employees against any third party suit, claim, action or demand (“Claim”) alleging that Customer’s use of the Subscription Service in accordance with this Agreement infringes any valid patent, copyright, or trademark of a third party that is issued or registered in the United States, Canada, Australia, the European Union or Switzerland; and (ii) pay any court-ordered award of damages or settlement amount, and reasonable attorney fees, to the extent caused by such Claim. If any portion of the Subscription Service becomes the subject of a Claim, ServiceNow may: (a) contest the Claim; (b) obtain permission from the claimant for Customer’s continued use of the Subscription Service; (c) replace or modify the Subscription Service to avoid infringement, if such replacement or modification has substantially the same capabilities as the Subscription Service; or, if the foregoing (a), (b), and (c) are not available on commercially reasonable terms in ServiceNow’s judgment, then (d) terminate Customer’s use of the affected Subscription Service upon forty-five (45) days’ written notice and pay to Customer a refund of any prepaid subscription fees covering the remaining portion of the applicable Subscription Term for the affected Subscription Service after the date of termination. Notwithstanding the above, ServiceNow shall have no indemnification obligation or liability for any Claim arising in whole or in part from: (i) any use of the Subscription Service which exceeds the authorized use permitted under this Agreement; (ii) Customer Data; (iii) use of the Subscription Service by Customer in violation of applicable law; (iv) use of the affected Subscription Service after termination in accordance with clause (d) of this Section 6.1; (v) Custom Applications; (vi) modifications to the Subscription Service by any person other than ServiceNow or a person acting at ServiceNow’s direction; (vii) modifications made by or at the request of Customer pursuant to a Professional Service; or (viii) use of the Subscription Service in combination with any hardware, software, application or service made or provided other than by ServiceNow.
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SERVICENOW OBLIGATION. Subject to the limitations in this Section 7, ServiceNow will: (a) defend Customer and Customer Affiliates, and its and their officers, directors, and employees against any Claim: (i) to the extent alleging that any ServiceNow Core Technology accessed or used in accordance with this Agreement infringes any third-party patent, copyright, or trademark, or misappropriates any third-party trade secret; or (ii) to the extent alleging that ServiceNow’s personnel when onsite at Customer’s premises caused death, bodily harm, or damage to tangible personal property due to their negligence or willful misconduct; and (b) pay any settlement amount or any court- ordered award of damages, under the forgoing subsections (a)(i) and (ii) to the extent arising from such Claim. 7.1.1. ServiceNow の義務 本契約 7 条の制✲に従い、 ServiceNow は、(a)顧客および顧客の関係会社ならびにその取締役、役員および従業員を、(i)本契約に従ってアクセスまたは使用される ServiceNowコアテクノロジーが、第三者の特許、著作権もしくは商標を侵害した❦とまたは第三者の営業秘密を不正利用した❦ とに起因する請求、 または (ii)ServiceNow の人員が、過失または故意により、顧客の施設内で、死亡、傷害または個人の有形財産に重大な損害を引き起❦した❦とに起因する請求から保護し、(b)当該請求によって生じる範囲において、上記(a)(i)および(ii)において和解金または判決により確定された損害賠償金を支払うものとします。
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SERVICENOW OBLIGATION. Subject to the limitations in this Section 7, ServiceNow will: (a) defend Customer and Customer Affiliates, and its and their officers, directors, and employees against any Claim:
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SERVICENOW OBLIGATION. ServiceNow shall: (i) defend Customer, its officers, directors and employees against any third party suit, claim, action or demand (“Claim”) alleging that Customer’s use of the Subscription Service in accordance with this Agreement infringes any valid patent, copyright, or trademark of a third party that is issued or registered in the United States; and (ii) pay any court-ordered award of damages or settlement amount, and reasonable attorney fees, to the extent caused by such Claim. If any portion of the Subscription Service becomes the subject of a Claim, ServiceNow may:
Sample 1
SERVICENOW OBLIGATION. ServiceNow shall: (i) defend Customer, its officers, directors and employees against any third party suit, claim, action or demand (“Claim”) alleging that Customer’s use of the Software in accordance with this XXXX infringes any valid patent, copyright, or trademark of a third party that is issued or registered in the United States; and (ii) pay any court-ordered award of damages or settlement amount, and reasonable attorney fees, to the extent caused by such Claim. If any portion of the Software becomes the subject of a Claim, ServiceNow may: (a) contest the Claim; (b) obtain permission from the claimant for Customer’s continued use of the Software; (c) replace or modify the Software to avoid infringement, if such replacement or modification has substantially the same capabilities as the Software; or, if the foregoing (a), (b), and (c) are not available on commercially reasonable terms in ServiceNow’s judgment, then (d) terminate Customer’s use of the affected Software upon forty-five (45) days’ written notice, whereupon the Reseller shall pay to Customer a refund of any prepaid license fees covering the remaining portion of the applicable License Term for the affected Software after the date of termination. Notwithstanding the above, ServiceNow shall have no liability for any Claim arising in whole or in part from: (i) any use of the Software which exceeds the authorized use in the Use Certificate; (ii) the Customer Data; (iii) use of the Software by Customer in violation of applicable law; (iv) use of the affected Software after termination in accordance with clause (d) of this Section 9.1; (v) modifications to the Software by any person other than ServiceNow or a person acting at ServiceNow’s direction; or (vi) use of the Software in combination with any hardware, software, application or service made or provided other than by ServiceNow.
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Related to SERVICENOW OBLIGATION

  • Operator Obligations 2.01 The Operator shall:

  • Sub-processor Obligations MailChimp shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause MailChimp to breach any of its obligations under this DPA.

  • Service Obligations The Supplier must supply the Services:

  • SAP OBLIGATIONS 3.1 Instructions from Customer. SAP will process Personal Data only in accordance with documented instructions from Customer. The Agreement (including this DPA) constitutes such documented initial instructions and each use of the Cloud Service then constitutes further instructions. SAP will use reasonable efforts to follow any other Customer instructions, as long as they are required by Data Protection Law, technically feasible and do not require changes to the Cloud Service. If any of the before-mentioned exceptions apply, or SAP otherwise cannot comply with an instruction or is of the opinion that an instruction infringes Data Protection Law, SAP will immediately notify Customer (email permitted).

  • Processor Obligations 4.1 The Processor may collect, process or use Personal Data only within the scope of this DPA.

  • Client Obligations 3.1 The Client shall:

  • Parallel Operation Obligations Once the Small Generating Facility has been authorized to commence parallel operation, the Interconnection Customer shall abide by all rules and procedures pertaining to the parallel operation of the Small Generating Facility in the applicable control area, including, but not limited to: (1) the rules and procedures concerning the operation of generation set forth in the NYISO tariffs or ISO Procedures or the Connecting Transmission Owner’s tariff; (2) any requirements consistent with Good Utility Practice or that are necessary to ensure the safe and reliable operation of the Transmission System or Distribution System; and (3) the Operating Requirements set forth in Attachment 5 of this Agreement.

  • Recipient Obligations 2.1 The Recipient agrees to support the Project in accordance with this Agreement.

  • Provider Obligations Provider at all times during the term of this Agreement shall:

  • STUDENT OBLIGATIONS The student agrees to use the property as his or her personal residence. The student shall maintain the interior of the property in a reasonably clean and safe condition, use reasonable care in consumption of utilities and services furnished by the landlord, and avoid unreasonable noise or other disruption of the privacy and peaceful enjoyment of the premises by the landlord and other students. The student shall be responsible for any damage to the property beyond reasonable wear and tear by the student, members of the student's family, or persons invited on the property by the student. The student shall not make, or cause to be made, any alterations to the property or its contents without first obtaining the written consent of the landlord. The student agrees to notify the landlord in writing about any needed repairs or violations of the Honor Code or Residential Living Standards involving other students or residents. *The BYU Student agrees to update their residential address on myBYU each semester/term, failure to do so will result in non-compliance fees of up to $175 and housing holds affecting their ability to register.

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