Material Error means any reported and verifiable failure of the Product to perform substantially in accordance with its published documentation where this Error prevents use of the Product, or which seriously impacts use of the Product. “Product” is the Gurobi Optimizer Version 9.0.0 or higher in the form of object code libraries, including all Upgrades and published documentation as further described in Exhibit A. “Upgrades” shall mean any Error Corrections, new Releases (as defined in Exhibit B), and software modifications or additions, which are provided pursuant to Exhibit B. “You” or “Your” refers to the specific end-user entity, department or division whose name appears on the Gurobi order form for the Product License (defined below). Additional defined terms have the meaning ascribed to them in the body of this Agreement.
Material Error means any reported and verifiable failure of the Product(s) to perform substantially in accordance with its published documentation where this Error prevents use of the Product(s), or which seriously impacts use of the Product(s). “Gurobi Product” shall mean Version 9.0.0 or higher of the Gurobi computer software products including Upgrades and published documentation as further described in Exhibit A. “AMPL Product” shall mean the AMPL product as further described in Exhibit A. “Product(s)” shall mean collectively the Gurobi Product and the AMPL Product. “Upgrades” shall mean any Error Corrections, new Releases and software modifications or additions, which are provided at Gurobi’s sole discretion pursuant to Exhibit
Material Error means either an error that adversely affects operation of the entire System or an error that creates a serious decrease in performance or loss of functionality in the daily operation of the System and for which a reasonable work around is not available.
Examples of Material Error in a sentence
A Material Error may include an incorrect price, date, time or other characteristic of a Product or any error or lack of clarity of any information.
A Material Error may include an incorrect price, date, time or Margin FX Contract or CFD or any error or lack of clarity of any information.
In the absence of fraud or gross negligence on our part, we are not liable to you for any loss, cost, claim, demand or expense that you incur or suffer (including loss of profits or indirect or consequential losses), arising from or connected with the Material Error including where the Material Error arising from an information service on which we rely.
If Gurobi is unable to correct such defect or Material Error after a reasonable opportunity, Gurobi shall refund the License fees paid for such Product.
We will exercise the right in paragraph 4.14(a) reasonably, in good faith and as soon as reasonably practicable after we become aware of the Material Error.
More Definitions of Material Error
Material Error means false or misleading information that could reasonably affect a decision to extend or deny credit to the buyer. "Accurate" information contains no material errors.
Material Error means any reported and verifiable failure of the Product to perform substantially in accordance with its published documentation where this Error prevents use of the Product, or which seriously impacts use of the Product. “Order Form” means an Order Form or other similar document issued by Xxxxxx and accepted by You that references this XXXX and sets forth the applicable Product License(s) and fees. “Product” is the Gurobi Optimizer Version 9.0.0 or higher in the form of object code libraries, including all Upgrades and published documentation as further described in Exhibit A, attached hereto and incorporated herein by reference. “Upgrades” shall mean any Error Corrections, new Releases (as defined in Exhibit B, attached hereto and incorporated herein by reference), and software modifications or additions, which are provided pursuant to Exhibit
Material Error is defined for this purpose as any error or series of errors that shall cause a loss of at least $50,000 to the Fund. In the event of a termination by the Company of this Agreement pursuant to this Section 13.03(a)(ii), the Trust agrees to pay the following fees (the “Conversion Fees”): • Reimbursement for all reasonable costs associated with converting services to a successor service provider (not to exceed an amount equal to three months’ service fees); and • Reimbursement for all reasonable costs associated with any record retention and/or tax reporting obligations that may not be eliminated due to the conversion to a successor service provider.
Material Error is defined for this purpose as any error or series of errors that shall cause a loss of at least $75,000 to a Fund. In the event of a termination by the Trust of this Agreement pursuant to this Section 13(a)(ii), the Trust agrees to pay the following fees (the “Conversion Fees”):
Material Error means an error, though not substantial, which is sufficiently important to induce a reasonable person to enter into a contract;
Material Error means the Portfolio Compliance Service fails to detect a material breach of a investment guideline applicable to the Fund to which the Portfolio Compliance Service relates, subject to the availability of accurate data, which material breach is not corrected by the Trust without incurring a loss that would not have been incurred in the absence of the Material Error.
Material Error means an omission, false or misleading information, or an appeal that could affect understanding, representation or a decision;