Common use of DEFINITIONS AND Clause in Contracts

DEFINITIONS AND. INTERPRETATION 23.1 In these Terms, unless the context otherwise requires: Annual Options Charge means: Cytiva’s charge specified on the signature page of the Support Summary titled “Annual Options Charge” for any Optional Services requested by you to be provided by us which would otherwise be excluded under clause 5 of these Terms. Annual Fixed Charge means Cytiva's charge specified on the signature page of the Support Summary titled “Annual Service Coverage Charge” for the Service Coverage to be performed by Cytiva. Coverage Hours means: the number of hours per workday, and weekends and holidays if applicable, selected by the Customer for service coverage by Cytiva. Covered Components means: all Equipment referred to as Covered Components in the Support Summary. Equipment means: the medical equipment and/or Licensed Software covered under the Agreement as specified on the Support Summary. Error means: any Licensed Software-related problem that: (a) materially and adversely interferes with your use of the Equipment; and (b) results from a failure of the Licensed Software to conform in any material respect to the specifications of the Equipment as set out in Cytiva's published documentation. Error Correction means: (a) any modification of the Licensed Software that corrects an Error by bringing the Licensed Software into material conformity with the specifications of the Equipment; or (b) a procedure or routine that, when observed in the regular operation of the Equipment, avoids the material adverse effect of the applicable non-conformity. Field Modification Instruction (FMI) means: any modification, operational improvement, or adjustment to address a safety concern or Error Correction for Customers or others made by Cytiva to the Equipment or Licensed Software that is generally provided by Cytiva to all Cytiva customers with that equipment type as part of the Field Modification Instruct (FMI) program. Licensed Software means: the applicable Software rights licensed to you by Cytiva, if any. Optional Services means: the additional optional services to be performed by Cytiva, at your option at the Annual Options Charge, to the Equipment during the Coverage Hours as specified on the Support Summary.

Appears in 2 contracts

Samples: 1 Agreement, 1 Agreement

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DEFINITIONS AND. INTERPRETATION 23.1 In these Terms, unless the context otherwise requires: Annual Options Charge means: Cytiva’s charge specified on the signature page of the Support Summary titled “Annual Options Charge” for any Optional Services requested by you to be provided by us which would otherwise be excluded under clause 5 of these Terms. Annual Fixed Charge means means: Cytiva's charge specified on the signature page of the Support Summary titled “Annual Service Coverage Charge” for the Service Coverage to be performed by Cytiva. Coverage Hours means: the number of hours per workday, and weekends and holidays if applicable, selected by the Customer for service coverage by Cytiva. Covered Components means: all Equipment referred to as Covered Components in the Support Summary. Equipment means: the medical equipment and/or Licensed Software covered under the Agreement as specified on the Support Summary. Error means: any Licensed Software-related problem that: (a) materially and adversely interferes with your use of the Equipment; and (b) results from a failure of the Licensed Software to conform in any material respect to the specifications of the Equipment as set out in Cytiva's published documentation. Error Correction means: (a) any modification of the Licensed Software that corrects an Error by bringing the Licensed Software into material conformity with the specifications of the Equipment; or (b) a procedure or routine that, when observed in the regular operation of the Equipment, avoids the material adverse effect of the applicable non-conformitynonconformity. Field Modification Instruction (FMI) means: any modification, operational improvement, or adjustment to address a safety concern or Error Correction for Customers or others made by Cytiva to the Equipment or Licensed Software that is generally provided by Cytiva to all Cytiva customers with that equipment type as part of the Field Modification Instruct (FMI) program. Licensed Software means: the applicable Software rights licensed to you by Cytiva, if any. Optional Services means: the additional optional services to be performed by Cytiva, at your option at the Annual Options Charge, to the Equipment during the Coverage Hours as specified on the Support Summary. Personal Information means: information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a patient of the Customer whose identity is apparent, or can reasonably be ascertained, from Personnel means: in respect of each party, all employees, agents and sub- contractors of that party.

Appears in 2 contracts

Samples: 1 Agreement, 1 Agreement

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