THESE TERMS AND CONDITIONS CONSTITUTE Sample Clauses

THESE TERMS AND CONDITIONS CONSTITUTE. A SERVICE CONTRACT AND NOT A WARRANTY FOR THE COM21 SOFTWARE. THE COM21 SOFTWARE AND ALL MATERIALS RELATED TO THE COM21 SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. 38 Confidential EXHIBIT E DEMONSTRATION SYSTEM MODEL NUMBER DESCRIPTION VERSION PRICE SUBSCRIBER UNITS CP1000 ComPORT Cable Modem - US - High Frequency Band US [*] CP1100 ComPORT Cable Modem - Int'l - High Frequency Band INTERNATIONAL [*] HEADEND UNITS CC2100 ComCONTROLLER Ch/Sw/DPS/Tx/Rx/CC/EM (USD) US [*] CC2110 ComCONTROLLER Ch/Sw/DPS/Tx/Rx/CC/EM (Int'l) INTERNATIONAL [*] NMAPS CS3100 Network Management and Provisioning Station Software US [*] CS3000 Network Management and Provisioning Station Software INTERNATIONAL [*] SOFTWARE CS0300 HCX System Software License US [*] CS0310 HCX System Software License INTERNATIONAL [*] [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. EXHIBIT F COM21 PRODUCTS EXTENDED WARRANTY [LOGO[ COMMUNICATIONS FOR THE 00XX XXXXXXX Xxx00 Xxxxxxxx xxx Service Policy Document 280-0000-00 Version 1.0 April 22, 1998 Approvals: ---------------------------- --------------------------------- Buck Xxx (Xxrketing) Bill Xxxxxxxxx (Xxles) ---------------------------- --------------------------------- Mike Xxxxxx (Xxpport) Dave Xxxxxxxxx (Xxnance) 40 Confidential PURPOSE This document summarizes the terms and conditions of Com20 Xxxxxxxx xxx Service offerings for Com21 hardware and software products. HARDWARE WARRANTIES STANDARD HARDWARE WARRANTY POLICY Com21 warrants that the hardware portion of the ComCONTROLLER and ComPORT products will materially conform to the specifications applicable to such product and will be free from material defects in materials and workmanship under normal and proper use for one (1) year from the date of Com21's shipment. Com21's sole liability under this warranty is, at the option of Com21, to repair or replace a Com21 hardware product that does not conform with the foregoing warranty. This warranty shall not apply any damage or defect arising as a result of neglect, improper installation, alteration, accident, or improper use of a Com21 hardware product. This warranty is specifically in lieu of, and Com21 disclaims, all other warr...
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THESE TERMS AND CONDITIONS CONSTITUTE. A SERVICE CONTRACT AND NOT A WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ALL MATERIALS RELATED TO THE SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. C-4. 40 EXHIBIT D COM21 WARRANTY AND SERVICE POLICY PURPOSE This document summarizes the terms and conditions of COM20 Xxxxxxxx xxx Service offerings for COM21 hardware and software products supplied to reseller. HARDWARE WARRANTIES STANDARD HARDWARE WARRANTY POLICY COM21 warrants that the hardware portion of the ComCONTROLLER and ComPORT products will materially conform to the specifications applicable to such product and will be free from material defects in materials and workmanship under normal and proper use for one (1) year from the date of COM21's shipment. COM21's sole liability under this warranty is, at the option of COM21, to repair or replace a COM21 hardware product that does not conform with the foregoing warranty. This warranty shall not apply any damage or defect arising as a result of neglect, improper installation, alteration, accident, or improper use of a COM21 hardware product. This warranty is specifically in lieu of, and COM21 disclaims, all other warranties, express or implied, including, without limitation, any warranty for merchantability, fitness for a particular purpose and non-infringement. COM21 will not be liable for any incidental or consequential damages or for the cost of substitute goods, services or technology. OTHER POLICY TERMS: - ComCONTROLLER and ComPORT products are covered for twelve (12) months from date of COM21's shipment at no charge. - $50 no trouble found charge for units that are returned, but are determined by COM21 to conform with the warranty. - reseller pays shipping charges to COM21; COM21 pays return shipping charges unless no trouble found, then reseller pays return shipping charges unless otherwise agreed to by COM21. - COM21 sends the repaired or replaced hardware units to reseller within fifteen (15) working days after COM21's receipt of the defective products covered under warranty unless otherwise agreed to.
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Related to THESE TERMS AND CONDITIONS CONSTITUTE

  • Covenants and Conditions; Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

  • Definitions Construction (a) All initially capitalized terms used herein (including in the preamble and recitals hereof) without definition shall have the meanings ascribed thereto in the Credit Agreement (including Schedule 1.1 thereto). Any terms (whether capitalized or lower case) used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein or in the Credit Agreement; provided that to the extent that the Code is used to define any term used herein and if such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern. In addition to those terms defined elsewhere in this Agreement, as used in this Agreement, the following terms shall have the following meanings:

  • Terms and Conditions of Sale As defined in Section 3.14(b). Terminal – A point-of-transaction terminal that conforms with the requirements established from time to time by Servicer and the applicable Card Association capable of (i) reading the account number encoded on the magnetic stripe, (ii) comparing the last four digits of the encoded account number to the manually key-entered last four digits of the embossed account number, and (iii) transmitting the full, unaltered contents of the magnetic stripe in the Authorization message. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

  • Captions; Construction The table of contents, captions, headings and titles in this Lease are solely for convenience of reference and shall not affect its interpretation. This Lease shall be construed without regard to any presumption or other rule requiring construction against the party causing this Lease to be drafted. Each covenant, agreement, obligation or other provision of this Lease on Tenant’s part to be performed, shall be deemed and construed as a separate and independent covenant of Tenant, not dependent on any other provision of this Lease.

  • Terms and Conditions of Sales Shares shall be offered for sale only in those jurisdictions where they have been properly registered or are exempt from registration or for which appropriate notice filings have been made, and only to those groups of people which the Board may from time to time determine to be eligible to purchase such shares.

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.

  • Terms of AAU; Certain Definitions; Construction Each AAU will relate to an Offering, and will identify: (i) the securities to be offered in the Offering (the “Securities”), their principal terms, the issuer or issuers (each, an “Issuer”) and any guarantor (each, a “Guarantor”) thereof, and, if different from the Issuer, the seller or sellers (each, a “Seller”) of the Securities, (ii) the underwriting agreement, purchase agreement, standby underwriting agreement, distribution agreement, or similar agreement (as identified in such AAU and as amended or supplemented, including a terms agreement or pricing agreement pursuant to any of the foregoing, collectively, the “Underwriting Agreement”) providing for the purchase, on a several and not joint basis, of the Securities by the several underwriters, initial purchasers, or others acting in a similar capacity (the “Underwriters”) on whose behalf the Manager (as defined below) executes the Underwriting Agreement, and whether such agreement provides for: (x) an option to purchase Additional Securities (as defined below) to cover sales of shares in excess of the number of Firm Securities (as defined below), or (y) an offering in multiple jurisdictions or markets involving two or more syndicates (an “International Offering”), each of which will offer and sell Securities subject to such restrictions as may be specified in any Intersyndicate Agreement (as defined below) referred to in such AAU, (iii) the price at which the Securities are to be purchased by the several Underwriters from any Issuer or Seller thereof (the “Purchase Price”), (iv) the offering terms, including, if applicable, the price or prices at which the Securities initially will be offered by the Underwriters (the “Offering Price”), any selling concession to dealers (the “Selling Concession”), reallowance (the “Reallowance”), management fee, global coordinators’ fee, praecipium, or other similar fees, discounts, or commissions (collectively, the “Fees and Commissions”) with respect to the Securities, and (v) other principal terms of the Offering, which may include, without limitation: (A) the proposed or actual pricing date (“Pricing Date”) and settlement date (the “Settlement Date”), (B) any contractual restrictions on the offer and sale of the Securities pursuant to the Underwriting Agreement, Intersyndicate Agreement, or otherwise, (C) any co-managers for such Offering (the “Co-Managers”), (D) your proposed participation in the Offering, and (E) any trustee, fiscal agent, or similar agent (the “Trustee”) for the indenture, trust agreement, fiscal agency agreement, or similar agreement (the “Indenture”) under which such Securities will be issued.

  • Other Definitional Provisions; Construction Whenever the context so requires, the neuter gender includes the masculine and feminine, the single number includes the plural, and vice versa. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and references to Article, Section, Subsection, Annex, Schedule, Exhibit and like references are references to this Agreement unless otherwise specified. Wherever the word “include,” “includes” or “including” is used in this Agreement, it will be deemed to be followed by the words “without limitation.” An Event of Default shall “continue” or be “continuing” until such Event of Default has been waived in accordance with Section 13.3 hereof. References in this Agreement to any party shall include such party’s successors and permitted assigns. References to any “Section” shall be a reference to such Section of this Agreement unless otherwise stated. To the extent any of the provisions of the other Loan Documents are inconsistent with the terms of this Agreement, the provisions of this Agreement shall govern.

  • Terms and Conditions of Award The grant of Restricted Stock Units provided in Section 1(a) shall be subject to the following terms, conditions and restrictions:

  • PROVISIONS CONSTITUTING SUBLEASE 2.1 This Sublease is subject and subordinate to all of the terms and conditions of the Master Lease. Subtenant hereby assumes and agrees to perform all of the obligations of "Lessee" under the Master Lease to the extent said obligations apply to the Subleased Premises and Subtenant's use of the Common Areas, except as specifically set forth herein. Sublandlord hereby agrees to use commercially reasonable efforts to cause Lessor to perform all of the obligations of Lessor under the Master Lease to the extent said obligations apply to the Subleased Premises and Subtenant's use of the Common Areas. Subtenant shall not commit or permit to be committed on the Subleased Premises or on any other portion of the Project any act or omission which violates any term or condition of the Master Lease. Except to the extent waived or consented to in writing by the other party or parties hereto who are affected thereby, neither of the parties hereto will, by renegotiation of the Master Lease, assignment, subletting, default or any other voluntary action, avoid or seek to avoid the observance or performance of the terms to be observed or performed hereunder by such party, but will at all times in good faith assist in carrying out all the terms of this Sublease and in taking all such action as may be necessary or appropriate to protect the rights of the other party or parties hereto who are affected thereby against impairment. Nothing contained in this Section 2.1 or elsewhere in this Sublease: (i) shall obligate Sublandlord to exercise its option to extend the Term of the Master Lease; or (ii) shall prevent or prohibit Sublandlord (a) from exercising its right to terminate the Master Lease pursuant to paragraph 23 thereof or (b) from assigning its interest in this Sublease or subletting the Premises to any other third party.

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