THE APPLICATION Sample Clauses

THE APPLICATION. 2.1 In consideration of the Client’s acceptance of this Agreement and the Client’s payment of the Fees set out in the Order Form, Acolyte shall provide access to the Application and hereby grants to the Client a non-exclusive and non-transferable Licence to use the Application on the terms set out in this Agreement. The rights provided under this clause are granted to the Client and to any other entity within the Client’s group of companies. 2.2 The Licence permits the Client to: 2.2.1 access and use the Application solely for their own internal business purposes and the purpose of assisting with its staffing needs; 2.2.2 access and use Insight Reports, as set out in the Order Form. 2.3 This Agreement shall not prevent Acolyte from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement. 2.4 Acolyte shall use reasonable endeavours to make the Application available at all times except during times of scheduled maintenance. Acolyte shall at all times use all reasonable endeavours to keep any service interruptions to a minimum and achieve the Service Levels. If Acolyte fails to meet a Service Level then, without prejudice to the remainder of this clause Acolyte shall use all reasonable endeavours to minimise the impact of such failure on the Client, and prevent such failure from recurring. 2.5 Acolyte warrants that: 2.5.1 The Application: (i) was developed in accordance with Good Industry Practice; (ii) complies with all applicable laws and regulations with respect to its functioning under this Agreement; and (iii) not infringe upon any Intellectual Property Rights of any third party. 2.5.2 it will use Good Industry Practice in compiling Intelligence Reports and Insight Reports; and 2.5.3 it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement. 2.6 If Acolyte receives written notice of any breach of warranty from the Client by Acolyte, then Acolyte shall at its own expense and within a reasonable time but no longer than 60 days (unless otherwise agreed by the Client) after receiving the notice use reasonable endeavours to remedy the defect in question. When notifying a defect the Client shall (so far as it is able) provide Acolyte with a documented example. 2.7 Except as expressly provided in this Agreement no warranty...

THE APPLICATION. − The Member and Project Sponsor shall be bound by the terms and conditions governing the approval and funding of the Application, including any and all representations in said Application and as the initial Application submission may have been modified during the Application review process. A summary of the terms and conditions governing the project and the Bank-accepted Application are set forth in the Schedule attached hereto (the “Schedule”).

THE APPLICATION. Awardee’s application and request for CRF Funds, as approved by the County, is attached hereto (“the Application”) and incorporated herein. The parties agree that the expenditures described in the Application are necessary due to the public health emergency with respect to COVID-19 and were not expenditures that were included in Awardee’s original budget as of March 27, 2020. Awardee agrees that it will use the CRF funds provided under this Agreement in a manner that is substantially consistent with the Application. Awardee further agrees that all such expenditures will comply with all applicable provisions of the CARES Act and any and all reasonable and lawful guidance issued by the United States Department of the Treasury as it relates to use of the CRF funds.

THE APPLICATION. The Application may or may not be available in all countries. You agree to use the Application in accordance with all applicable guidelines, as well as all local, state, national, federal, and international laws. The Application includes one or more of the following: (a) a web-based interface located in the designated area of the Application (xxx.xxxxx.xxx “the Application”); (b) access to our text messaging application center;

THE APPLICATION. Upon receipt of your rental application and application fee, you can expect and hereby authorize that we will (1) check your credit report; and

THE APPLICATION. 6.1 The Application is intended for use in conjunction with the Hub and Alarm Panel and for no other purpose. 6.2 It is the responsibility of the End User to check if the Application will work on the End User’s device. 6.3 HYYP may modify or replace the Application for use with the Hubs at any time. Updates may be pushed to devices from time to time. 6.4 If the updates are not accepted by the End User the functionality of the Application may be adversely affected. 6.5 During the period when the updates are being initiated on the device, interaction with the Hub may be interrupted.

THE APPLICATION. 3.1 On September 14, 2018, in the above-captioned matter, California American Water filed an Application for Order Authorizing California-American Water Company (U-210- W) to Purchase Bellflower Municipal Water System’s Assets and for Related Approvals (the “Application”).1 On January 22, 2019, California American Water filed an Amended Application for Order Authorizing Sale and Purchase of Utility Assets (“Amended Application”).2 3.2 The Amended Application requests the Commission approve the Asset Purchase Agreement,3 the transaction contemplated in that Agreement (“Acquisition”), and certain related matters. Specifically, the Amended Application requests a Commission Order that: (i) Approves the Asset Purchase Agreement’s terms and conditions. (ii) Expands California American Water’s Certificate of Public Convenience and Necessity (“CPCN”) so the company may assume all public utility responsibilities for the operation and ownership of the water utility operations in Bellflower Municipal’s current service area. (iii) Establishes the rate base of the acquired system, at the time of approval of a decision in this application, to be the full purchase price paid by California American Water for the Bellflower Municipal system’s assets covered by the Asset Purchase Agreement. (iv) Authorizes the creation of a memorandum account in the event that the Commission has not adopted a decision approving the Acquisition in time to allow California American Water to incorporate the results of the decision approving the Acquisition in California American Water’s 2019 General Rate Case (“GRC”). That memorandum account would capture the differences between revenues billed at current rates and revenues that would have been billed under the final rates effective January 1, 2021, if the Bellflower system were integrated for ratemaking following the decision in California American Water’s 2019 GRC. The associated revenue requirement will consist of items including, but not limited to, return on investment, ad valorem tax, depreciation, general office costs, other taxes and fees, and incremental operating expenses. (v) Allows California American Water immediate consolidation of the Bellflower system into the Los Angeles District for operational purposes. 1 xxxxx://xxxx.xxxx.xx.xxx/PublishedDocs/Efile/G000/M230/K156/230156793.PDF. 2 xxxxx://xxxx.xxxx.xx.xxx/PublishedDocs/Efile/G000/M259/K972/259972546.PDF. 3 The Asset Purchase Agreement refers to the purchase and sale agreemen...

THE APPLICATION. 8.1. The Parties undertake to agree a full project specification in accordance with this Agreement and the Proposal. 8.2. The Supplier will not be liable or become involved in any disputes between the Client and the end users and shall not be held responsible for any wrong doing on the part of the Client 8.3. The Supplier will use all reasonable endeavours to ensure consistent availability of all Services. 8.4. The Parties acknowledge that the Application being developed for the Client is for the ultimate benefit of the end users. Therefore, whilst the Supplier has no liability to the end user, it acknowledges that complaints may be made by end users as to the functionality or service of the Application and shall notify such reports to the Client. Any defects or faults shall be addressed on a case by case basis, with the costs to be agreed in advance between the Parties. 8.5. Once an application has been designed and completed, the final balance of payment is then due in accordance with clause 12 below. There are no exceptions to this, i.e If the Client decides it no longer wants the application.

THE APPLICATION. In order to apply for a CSC through the Service, You must complete the Registry's application form [LINK] for each CSC that You would like to register and pay the requisite fees set forth in Section 8 below. For each application, the person/entity listed in the [Name of Field] must be the actual Content Provider (as defined above). Once You have submitted a completed application, Registry will send an email confirming it has received Your application. You must retain the confirmation e-mail for each application You submit. You also may review detailed instructions to complete and submit an application by reviewing Registry's INSTRUCTIONS, which can be found at [LINK]. You agree to: (1) provide certain true, current, complete and accurate information during the application process; and (2) maintain and update such information according to Registry's modification procedures as needed to keep it current, complete and accurate.

THE APPLICATION. The Timer Suite of apps (“HIIT Timer”, “Tabata Timer”, “Interval Timer”) (hereinafter: Application) is a piece of software created to facilitate doing workouts from home using a mobile app.