Software Issues. Data Virtuality will review Licensed Software issues identified by Client on a case-by-case basis. If Data Virtuality determines that a problem exists in the Licensed Software, Data Virtuality will either advise Client of plans for an Update or Upgrade containing a fix for the problem or, at its sole discretion, and dependent upon the nature of the problem and the impact to Client’s use of the Licensed Software, make available to Client a temporary patch or workaround during a maintenance window time period mutually agreed upon by Data Virtuality and Client.
Software Issues. Prior to the Closing, Seller and Buyer shall use commercially reasonable efforts to cooperate to obtain written consents and acknowledgements from each third-party licensor of each piece of Software that may be required in order to evidence that Buyer has or will have by the Closing either a license with such third-party licensor or a sublicense under the Transition Services Agreement sufficient to allow Buyer to use such Software during the term set forth in the Transition Services Agreement and, with respect to the Software identified in Schedule 7.11, to allow Seller and its Affiliates to sell, transfer, convey and deliver to Buyer all Equipment upon which such Software is loaded without obligating Seller or its Affiliates to remove such Software from such Equipment prior to the sale, transfer, conveyance and delivery thereof; provided, however, that Seller and its Affiliates shall have no obligation to pay money or grant any accommodation to any third party in order to obtain any such consents and acknowledgements, except to the extent that Buyer agrees to reimburse Seller or such Affiliate for any such payment made by Seller or such Affiliate at the request of Buyer. With respect to any item identified in Schedule 7.11 for which the applicable third-party licensor would not provide such consents and acknowledgements prior to the Closing, Seller and its Affiliates shall have the right to remove such identified Software from Equipment prior to the Closing Date; provided, however, that, subject to the proviso in the preceding sentence, Seller and its Affiliates shall use commercially reasonable efforts to make the benefits of such Software license agreements available to Buyer.
Software Issues. 44 Section 7.9
Software Issues. 49.6 In the case of a software Defect, the remedy may consist of a software patch, update, upgrade or new software version. If the Cost of remedying the Defect is disproportionate to the nature of the Defect or its magnitude, the Contractor shall have the option of offering a reduction of the Contract Price. The Employer however is not obliged to accept such an offer, but may instead terminate the Contract in accordance with Article 55.10 if the Defect is of material importance to the Employer.
Software Issues. 8.3(a) Offers of Employment 8.3(b) Individual Employment Agreements ASSET PURCHASE AGREEMENT ASSET PURCHASE AGREEMENT, dated as of April 28, 2005 (this "Agreement"), by and between Saks Incorporated, a Tennessee corporation ("Seller"), and Xxxx, Inc., a Delaware corporation ("Buyer").
Software Issues. (i) Prior to the Closing, Target and Buyer shall cooperate to obtain written consents and acknowledgements from each third-party licensor of each piece of software identified in Exhibit I as being “Licensed to Target” evidencing that Target can assign the applicable license agreement (or applicable portion thereof) to Mervyn’s in connection with the transactions contemplated by this Agreement; provided, however, that Target shall have no obligation to pay money or grant any accommodation in order to obtain any such consents and acknowledgements.
Software Issues. SOTI shall provide bug fixes solely to the most recent revisions of the last two (2) major versions of the Software.
Software Issues. ATS will not be responsible for resolving incidents of software unless expressly stated in the AoA or its attachments, where it is indicated to under what conditions ATS will take this responsibility to the client. If the scenario exists where the ATS team takes responsibility for the resolution of a software related incident , all reasonable efforts will be made to solve the incident, in case it is required to escalate with the technical support of the corresponding manufacturer, it will be total ATS responsibility to perform this escalation, manage it and apply the manufacturer's support recommendations. For incidents where ATS is not responsible for the resolution, it will be committed equally to apply all reasonable efforts to assist in resolving the incident, however the responsibility of solving the problem will be the software maker support responsibility according to their own support contract. If the client authorizes it, ATS will be the focal point to centralize all efforts and actions to solve the problem, opening the incident in the official technical support of the manufacturer and providing support to the Client to perform the actions recommended by their support. In order for ATS to provide support in this situation, it is necessary for the customer to have a valid support contract with the vendor of such software.
Software Issues. Verification and approval of intellectual property (software and all related source codes and other documentation) exist and can be delivered to Buyer, which condition Buyer agrees has already been satisfied;
