SUPPORT NOT EXTENDED Sample Clauses

SUPPORT NOT EXTENDED. Pursuant to Section 6(e) of the Agreement, Centura hereby notifies UPS of its ability to extend its support, maintenance, update, and upgrade rights (the "Support") via an additional fee as provided for in the Agreement UPS has elected not to exercise such rights to purchase continued Support at this time, and this Amendment does not provide for any such exercise. In the event that UPS subsequent to the execution of this Amendment, wishes to purchase continued Support, It shall provide at least sixty (60) days prior written notice to Centura and Centura shall provide UPS with a Support quote.
Sample 1
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SUPPORT NOT EXTENDED. Pursuant to Section 6(e) of the Agreement, Centura hereby notifies UPS of its ability to extend its support, maintenance, update, and upgrade rights as provided in the Agreement. UPS has elected not to extend such rights at this time, and this Notice does not provide for any such extension, but UPS retains its right to so extend its rights on or by October 31, 1999 pursuant to the terms and conditions of the Agreement. All other terms and conditions of the Agreement remain in effect. In the event of conflict between the terms and conditions of the Agreement and of this Notice, the terms and conditions of this Notice will govern. Where applicable, the defined terms in the Agreement will have the same meaning in this Notice. This Notice is valid only if executed by UPS on September 30, 1999. The letter agreements I sent to you earlier today and yesterday are null and void and replaced by this document. If you agree to the terms and conditions contained herein, please have an authorized signatory sign below and fax the signed Notice to me at (650) 569-4681 on September 30th, 1999. Sincerely yours,
Sample 1
SUPPORT NOT EXTENDED. Pursuant to Section 6(e) of the Agreement, Centura hereby notifies UPS of its ability to extend its support, maintenance, update, and upgrade rights as provided in the Agreement. UPS has elected not to extend such rights at this time, and this Notice does not provide for any such extension, but UPS retains its right to so extend its rights on or by October 31, 1999 pursuant to the terms and conditions of the Agreement. All other terms and conditions of the Agreement remain in effect. In the event of conflict between the terms and conditions of the Agreement and of this Notice, the terms and conditions of this Notice will govern. Where applicable, the defined terms in the Agreement will have the same meaning in this Notice. This Notice is valid only if executed by UPS on September 30, 1999. The letter agreements I sent to you earlier today and yesterday are null and void and replaced by this document. <PAGE> If you agree to the terms and conditions contained herein, please have an authorized signatory sign below and fax the signed Notice to me at (000) 000-0000 on September 30th, 1999. Sincerely yours, /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx General Counsel CONSENTED AND AGREED TO EFFECTIVE SEPTEMBER 30, 1999 ("EFFECTIVE DATA"): UNITED PARCEL SERVICES By: /s/ Xxxxxxx Xxxxxxx --------------------- Name: Xxxxxxx Xxxxxxx Title: Contracts Manager Date: 9/30/99 2 <PAGE> [CENTURA LOGO] Centura Software Corporation 000 Xxxxxx Xxxxx Xxxxxxx Xxxxxx, XX 00000 Tel 000.000.0000 VIA FACSIMILE 201-828-7203 October 31, 1999 Fax 000.000.0000 Xx. Xxxxxxx Xxxxx Lead Contracts Administrator United Parcel Service Subject: Notice of Intent ("Notice") to continue limited support services under the OEM Software License Agreement (Agreement Number 94-OEM-4B14-UPS) (the "Agreement") Dear Xx. Xxxxx: This Notice confirms that United Parcel Service ("UPS") has declined the option granted by Centura Software Corporation ("Centura") in Section 6(e) of the Agreement to continue Its existing level of support services as provided in the Agreement. In lieu of UPS exercising this option, Centura has agreed to provide to UPS-more limited portion or support services, for the period January 1, 2000 though December 31, 2000, which will consist of Centura's Enterprise Support and Centura License Services ("CLS") pursuant to the following terms and conditions: 1. PAYMENT: Upon the Effective Date of this Notice and in consideration for Centura's provision of the Enterprise Support and CLS specified in ...
Sample 1

Related to SUPPORT NOT EXTENDED

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.

  • Indemnification Not Exclusive The right of indemnification hereby provided shall not be exclusive of or affect any other rights to which any such Covered Person may be entitled. As used in this Article 10, the term "Covered Person" shall include such person's heirs, executors and administrators, and a "disinterested person" is a person against whom none of the actions, suits or other proceedings in question or another action, suit, or other proceeding on the same or similar grounds is then or has been pending. Nothing contained in this Article shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of such person.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • Indemnification Hereunder Not Exclusive The indemnification provided by this Agreement shall not be deemed to be exclusive of any other rights to which the Indemnitee may be entitled under the Company’s Articles, any agreement, vote of shareholders or vote of Disinterested Directors, provisions of applicable law, or otherwise, both as to action or omission in the Indemnitee’s official capacity and as to action or omission in another capacity on behalf of the Company while holding such office.

  • Use of Words and Phrases Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to the Pooling and Servicing Agreement as a whole. All references herein to Articles, Sections or Subsections shall mean the corresponding Articles, Sections and Subsections in the Pooling and Servicing Agreement. The definitions set forth herein include both the singular and the plural.

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