Team Effort. Client agrees to actively assist and cooperate with Marco to perform its obligations and exercise its rights under the Agreement and this Product Agreement, including, but not limited to: actively participating in the planning, scheduling, information gathering, monitoring, maintaining, managing, providing feedback, considering recommendations (including as to single point failures), and implementing remediation or changes for the effective and efficient provision and use of the Products. Client acknowledges and agrees that: (a) its failure to timely provide such assistance and cooperation and perform any of its obligations under this Product Agreement, including identifying for Marco the Designated IT Technical User; b) the necessity of an amendment to this Product Agreement, a separate agreement, Remediation Plan, Service Limitations, or Client’s request for enhanced, additional or different services, equipment, software or other things; c) the Existing Provider Cutover; d) limitations or barriers to the Client Information and Access; d) or factors in the reasonable control of Client, but not of Marco, may result in the delay, reduction or failure of the effective and efficient provision and use of the Products (collectively, “Limitations”). Client agrees that it will be solely responsible for and will defend, indemnify and hold harmless Marco and its Representatives for any Claims, Losses, or other liability or consequences whatsoever arising out of or relating to such Limitations. Failure of the Client or the Designated IT Technical User to engage with Marco effectively and efficiently, to the extent that impedes or delays the Go Live Date by more than ninety (90) days after the date the SOP is signed, may lead to all or any of the following, at Marco’s discretion, regardless of the status of Product implementation: a start of billing for the Product and Services; the beginning of the Product Agreement Term; termination of this Product Agreement.
Appears in 1 contract
Sources: Product Agreement
Team Effort. Client agrees to actively assist and cooperate with Marco ▇▇▇▇▇ to perform its obligations and exercise its rights under the Agreement and this Product Agreement, including, but not limited to: actively participating in the planning, scheduling, information gathering, monitoring, maintaining, managing, providing feedback, considering recommendations (including as to single point failures), and implementing remediation or changes for the effective and efficient provision and use of the Products. Client acknowledges and agrees that: (a) its failure to timely provide such assistance and cooperation and perform any of its obligations under this Product Agreement, including identifying for Marco ▇▇▇▇▇ the Designated IT Technical User; b) the necessity of an amendment to this Product Agreement, a separate agreement, Remediation Plan, Service Limitations, or Client’s request for enhanced, additional or different services, equipment, software or other things; c) the Existing Provider Cutover; d) limitations or barriers to the Client Information and Access; d) or factors in the reasonable control of Client, but not of Marco, may result in the delay, reduction or failure of the effective and efficient provision and use of the Products (collectively, “Limitations”). Client agrees that it will be solely responsible for and will defend, indemnify and hold harmless Marco ▇▇▇▇▇ and its Representatives for any Claims, Losses, or other liability or consequences whatsoever arising out of or relating to such Limitations. Failure of the Client or the Designated IT Technical User to engage with Marco ▇▇▇▇▇ effectively and efficiently, to the extent that impedes or delays the Go Live Date by more than ninety (90) days after the date the SOP is signed, may lead to all or any of the following, at Marco▇▇▇▇▇’s discretion, regardless of the status of Product implementation: a start of billing for the Product and Services; the beginning of the Product Agreement Term; termination of this Product Agreement.
Appears in 1 contract
Sources: Product Agreement