Third Party Agreement which would provide for certain rights and obligations between the Company and the Third Party Provider ("Direct Third Party Product"), in which case the terms of the Third Party Agreement will also apply to Company's use of the particular Third Party Product. Notwithstanding the foregoing sentences of this Section 2.3, Company acknowledges that BNYM is not responsible for, nor does BNYM warrant the performance or other features of, nor can it fix errors or defects in, third party software and services and BNYM's sole obligation with respect to third party software and services is to inform the third party of any errors, defects, deficiencies or other matters regarding the third party software and services of which BNYM is made aware by Company and to request and pursue in a commercially reasonable manner remediation of the errors, defects or deficiencies by the third party to the extent BNYM reasonably determines remediation to be available pursuant to the terms of BNYM's agreement with the third party.
Third Party Agreement. The Third Party agrees to indemnify and save harmless Canada, Saskatchewan, the Recipient, their officers, servants, employees or agents from and against claims, demands, loss, expenditures, damages, actions, suits, or other proceedings by whomsoever brought or prosecuted in any manner based upon, or occasioned by any injury to persons, damage to or loss or destruction of property, economic loss of infringement of rights caused by or arising directly or indirectly from: This Contract; The performance of a contract or the breach of any term or condition of it by the Third Party, its officers, servants, employees or agents; or Any omission or other willful or negligent act of the Third Party, their respective officers, servants, employees or agents. The Third Party agrees that nothing in this Contract is to be construed as authorizing the Third Party to contract for or to incur any obligation on behalf of Canada, Saskatchewan or the Recipient or to act as agent for them.
Third Party Agreement. Subscriber agrees that OTC Markets Group may enforce the terms of this Agreement against any person, whether or not Vendor or Subscriber is a party to any such action or against Subscriber itself. In any action there shall be available injunctive relief or damages, with the prevailing party being awarded costs and attorneys' fees.
Third Party Agreement. The Lessee shall ensure that the terms of any Third Party Agreement, which it may enter into, shall be in conformity with the terms and conditions of this Agreement. Further, each such Third Party Agreement shall include provisions to the effect that in the event of a conflict (direct or indirect) between the provisions of this Agreement and the Third Party Agreement(s) on the other, the provisions of this Agreement shall prevail and such Third Party Agreement shall stand modified to that extent.
Third Party Agreement. The Developer shall ensure that the terms of any Third Party Agreement, which it may enter into, shall be in conformity with the terms and conditions of this Agreement. Further, each such Third Party Agreement shall include provisions to the effect that in the event of a conflict (direct or indirect) between the provisions of this Agreement and the Third Party Agreement(s) on the other, the provisions of this Agreement shall prevail and such Third Party Agreement shall stand modified to that extent.
Third Party Agreement. Section 1.02(b) Total Consideration ....................................
Third Party Agreement. Either Party or their respective subsidiaries shall not enter into any other third party agreement inconsistent with this Agreement.
Third Party Agreement. You understand that support and services relating to Bill Pay Services are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service. We also reserve the right to assign or delegate certain of our rights or responsibilities under this agreement to other independent contractors or other third parties. You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities under this Agreement to any third party or entity.
Third Party Agreement. Notwithstanding the foregoing, the Parties acknowledge and agree that (a) the Third Party Agreement has been terminated in accordance with its terms prior to the Restatement Execution Date; (b) no (sub)license or other right with respect to any Know-How or Patents owned by Xxxxxx (whether solely or jointly with the Counterparty) pursuant to the Third Party Agreement is granted to Sanofi pursuant to this Agreement; and (c) any Know-How or Patents co-owned by Xxxxxx and the Counterparty under the Third Party Agreement will not be Controlled by Kymera or its Affiliates for purposes of this Agreement except as provided in this Section 11.5.5. In the event that the Parties wish to use or incorporate any of the Know-How or Patents co-owned by Kymera and the Counterparty into or under this Agreement, then the Parties may amend this Agreement to incorporate such rights, licenses and other obligations as the Parties may mutually agree in writing.
Third Party Agreement. The TRADING PARTNER understands and agrees that it is responsible and liable to MercyCare for the conduct of a THIRD PARTY in the THIRD PARTY’S performance related to this Agreement. The TRADING PARTNER agrees to inform the THIRD PARTY of the terms of this Agreement. Notwithstanding the lack of specific mention, any obligation or requirement contained in this Agreement that is imposed on the TRADING PARTNER will be construed as an obligation and requirement that is also imposed on its THIRD PARTY.
