Performance of Service. 2.1 Appendix A (General Provisions), Articles 1 through 16, governs the performance of services under this contract. 2.2 Appendix B sets forth the liability and insurance provisions of this contract. 2.3 Appendix C sets forth the services to be performed by the contractor. ARTICLE 3.
Performance of Service. A. FTC shall exercise reasonable care in the performance of its duties under this Agreement. FTC shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with matters to which this Agreement relates, including losses resulting from mechanical breakdowns or the failure of communication or power supplies beyond FTC's control, except a loss resulting from FTC's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, the Fund shall indemnify and hold harmless FTC from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which FTC may sustain or incur or which may be asserted against FTC by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to FTC by any duly authorized officer of the Fund, such duly authorized officer to be included in a list of authorized officers furnished to FTC and as amended from time to time in writing by resolution of the Board of Directors of the Fund. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, FTC shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTC's control. FTC will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of FTC. FTC agrees that it shall, at all times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund shall be entitled to inspect FTC's premises and operating capabilities at any time during regular business hours of FTC, upon reasonable notice to FTC. Regardless of the above, FTC reserves the right to reprocess and correct administrative errors at its own expense.
Performance of Service. Please read your coverage carefully. Should you need service, telephone the Customer Service department at 0-000-000-0000. Service is available 24 hours a day, seven days a week; you must have telephone approval before having any work done. The Customer Service department will make every effort to expedite service in emergencies. You will be required to pay a deductible per trade call, or the actual cost, whichever is less. If any additional repairs have been made during a service call to items not covered by this agreement, you will be required to pay those expenses.
Performance of Service. The CONTRACTOR agrees to perform services in accordance with the attached Appendix A at the compensation set forth in Appendix A.
Performance of Service. If not otherwise agreed, place of performance shall be the Buyer´s site. If in derogation from the latter, the Service is carried out at the Seller´s site, the delivery of the Equipment to the Seller´s site will be at the risk and account of the Buyer, if not otherwise agreed. The property and the risk of accidental loss or damage to the Equipment shall at all times remain with the Buyer. Upon completion of the Service, the Buyer has to accept the Service within 10 working days, otherwise it shall be deemed to be accepted. In the event of proven non-compliance with regard to the Agreement, it must be mentioned on the acceptance protocol. The Seller has to carry out the appropriate corrective action, within a mutually agreed period and at no additional cost for the Buyer.
Performance of Service. Firstar shall exercise reasonable care in the performance of its duties under the Agreement. The Fund agrees to reimburse and make Firstar whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as Firstar acts in good faith and is not negligent or guilty of any willful misconduct. Firstar shall not be liable or responsible for delays or errors occurring by reason of circumstances beyond its control, including acts of civil or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. In the event of a mechanical breakdown beyond its control, Firstar shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond Firstar's control. Firstar will make every reasonable effort to restore any lost or damaged data and the correcting of any errors resulting from such a breakdown will be at the expense of Firstar. Firstar agrees that it shall at all times have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund shall be entitled to inspect Firstar's premises and operating capabilities at any time during regular business hours of Firstar, upon reasonable notice to Firstar. This indemnification includes any act, omission to act, or delay by Firstar in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the Fund. Regardless of the above, Firstar reserves the right to reprocess and correct administrative errors at its own expense.
Performance of Service. FTC shall exercise reasonable care in the performance of its duties under this Agreement. The Fund agrees to reimburse and make FTC whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as FTC acts in good faith and is not negligent or guilty of any willful misconduct. FTC shall not be liable or responsible for delays or errors occurring by reason of circumstances beyond its control, including acts of civil or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. In the event of a mechanical breakdown beyond its control, FTC shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTC's control. FTC will make every reasonable effort to restore any lost or damaged data and the correcting of any errors resulting from such a breakdown will be at the expense of FTC. FTC agrees that it shall at all times have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund shall be entitled to inspect FTC's premises and operating capabilities at any time during regular business hours of FTC, upon reasonable notice to FTC. This indemnification includes any act, omission to act, or delay by FTC in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the Fund. Regardless of the above, FTC reserves the right to reprocess and correct administrative errors at its own expense.
Performance of Service. B. SUBJECT PROPERTY Paragraph 1 The Parties Understand and Voluntarily Agree as follows:
Performance of Service. The exclusive representative recognizes that all employees covered by this Agreement shall perform the services prescribed by the school board and shall be governed by the laws of the State of Minnesota, and by school board rules, regulations, directives and orders, issued by properly designated officials of the school district. The exclusive representative also recognizes the right, obligation and duty of the school board and its duly designated officials to promulgate rules, regulations, directives and orders from time to time as deemed necessary by the school board insofar as such rules, regulations, directives and orders are not inconsistent with the terms of this Agreement. Any provision of this Agreement found to be in violation of any such laws, shall be null and void and without force and effect.
Performance of Service. USSI shall exercise reasonable care in the performance of its duties under this Agreement. UNCONTROLLABLE EVENTS USSI assumes no responsibility hereunder, and shall not be liable, for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control, including, without limitation, failure of hardware and software provided by third persons. The foregoing does not relieve USSI from acting in a commercially reasonable manner and using its best efforts to recover from any such failure, delay or loss.
