BY MATCH Sample Clauses

BY MATCH. Match represents and warrants that at all times during the Term (a) Match will comply in all material respects with its Terms of Use, privacy policy, user instructions regarding the use of their data, and any other guidelines posted on the Match Site; (b) Match will notify Yahoo within ** of any complaints that it receives relating to any Match Personal Ad placed in connection with the Yahoo Linking Program; (c) Match will remove any Match Personal Ad placed in connection with the Yahoo Linking Program for any reason within ** after receipt of a request by Yahoo during Customer Service Hours or, within ** of the next commencement of Customer Service Hours if such request is received by Match outside of Customer Service Hours; (d) Match has no notice as of the Effective Date that the Pre-Population Process violates any Intellectual Property of any third party; (e) Match has no knowledge that the Pre-Population Process violates any Intellectual Property of any third party; and (f) Match has obtained, through its ultimate parent company, USA Networks, Inc., and will keep in force during the Term and two (2) years thereafter, a blanket entertainment errors and omissions insurance policy in the amount of ** per occurrence and ** in the aggregate covering Match, USA Networks, Inc. and USA Networks, Inc.'s other subsidiaries, a copy of which has been provided to Yahoo, to cover all risks relevant to this Agreement (subject to the wording of the policy) and that Yahoo has been added to such policy as an additional insured.
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BY MATCH. Match must, at its own expense, indemnify, defend and hold harmless Yahoo, its affiliates and each of their respective officers, directors, employees, representatives, and agents from and against and in respect of any and all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands or other proceedings of whatever nature or kind, whether formal or informal, brought against Yahoo, its affiliates or any of their respective officers, directors, employees, representatives, or agents, as well as from and against and in respect of any and all damages, liabilities, losses, costs, charges, fees and expenses, including without limitation reasonable legal fees and expenses, as and when incurred, relating to, based upon, incident to, arising from, or in connection with (a) any claim that Match has not complied with its Terms of Use, privacy policy, user instructions regarding the use of user data, or any other guidelines posted on the Match Site; (b) any claim that the Match Deliverables (including the Match Brand Features as provided by Match to Yahoo) infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality. rights of privacy, rights to payment of royalties, or any other rights of third parties; (c) any violation by Match of the Data License or its failure to destroy the Personal Ad Data pursuant to Section 9.5; (d) any violation by Match of its obligations or restrictions specified in Section 9.6 with respect to user information and Shared User Data; (e) any breach by Match of its representations and warranties contained in Section 11.2; and (1) any other claim not otherwise subject to indemnity pursuant to Section 12.1(a) through (e) above that the services distributed, offered or provided by Match, including the Pre-Population Process, infringe in any manner any Intellectual Property Right of any third party or contains ally material or information that is obscene, defamatory, libelous, slanderous, violates any law or regulation, is negligently performed, or otherwise violates ally person's right of publicity, privacy or personality. or has otherwise resulted in any fraud, product liability, tort, breach of contract injury, damage or harm to any person or entity; provided, however, that solely with respect to this Section ** only, Match's indemnification obligations shall be **.
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Related to BY MATCH

  • Matching Contributions The Employer will make matching contributions in accordance with the formula(s) elected in Part II of this Adoption Agreement Section 3.01.

  • Tax-Deferred Earnings The investment earnings of your IRA are not subject to federal income tax until distributions are made (or, in certain instances, when distributions are deemed to be made).

  • Company Contributions 32.1.1 The Company will make contributions on the Employee’s behalf to a complying superannuation fund which meets the Company’s statutory obligations under applicable superannuation legislation. 32.1.2 To avoid doubt, for an Employee working a roster with rostered overtime, the Company is only required to pay superannuation on the Ordinary Time Earnings component of the Annualised Wage.

  • Deferral Account Crediting. The Company shall establish a Deferral Account on its books for the Director, and shall credit to the Deferral Account the following amounts:

  • Employer Contributions 16.01 Employer contributions shown in the tables in the attached appendices shall be made on all hours of work performed which are included in computing the eight (8) hours per day and forty (40) hours per week after which overtime is payable and shall be recorded on a standard remittance report provided by the Union and remitted on or before the fifteenth (15th) day of the month following the month for which contributions are due and payable, to the Trust Funds. Hours of work performed are interpreted to mean daily travel time, daily working time, reporting time, and, if the employee is required to perform a welding test, testing time. Contributions for overtime hours will be calculated as straight time hours. The Employer shall provide each employee covered by this Agreement with a statement with each weekly paycheque stating the total number of hours reported for contributions to the Pension and Health & Welfare Funds on behalf of that employee for the period covered by the paycheque. 16.02 All such funds due and payable to the above funds shall be deemed and are considered to be Trust Funds. It is expressly understood that training funds are not wages or benefits due to an employee and industry promotion funds are deemed to be dues for services rendered by the Association. 16.03 The Board of Trustees of the respective Trust Funds shall have authority to promulgate such agreements, plans and/or rules as may be necessary or desirable for the efficient and successful operation and administration of the said Trust Fund, including provisions for an audit, security, surety and/or liquidated damages to the extent that such may be necessary for the protection of the beneficiaries of such Trust Funds. In the event that any Employer is delinquent in his contributions to the above funds for more than thirty (30) days, the Employer and the Association shall be notified of such delinquency. If after five (5) days from such notice such delinquency has not been paid, the Employer shall pay to the applicable funds as liquidated damages, and not as a penalty, an amount equal to ten percent (10%) of the arrears for the month, or part thereof, in which the Employer is in default. Thereafter interest shall accumulate at the rate of two percent (2%) per month (24% per year compounded monthly) on any unpaid arrears, including liquidated damages. 16.04 Any and all agreements, plans or rules established by the Boards of Trustees of the respective Trust Funds shall be appended hereto and shall be deemed to be part of and expressly incorporated herein and the Employer and the Union shall be bound by the terms and provisions thereof. 16.05 The Employer shall not be required to make additional contributions or payments to any Industry Funds established by the Union or its Local Unions nor to any such funds established by Provincial or Territorial Government orders, regulations, or decrees for the purpose of providing similar benefits, it being understood and agreed that the contributions for herein, or any portions thereof shall be deemed to be in lieu of and/or shall be applied as payments to such funds. This provision shall not be applicable to any national funds or plans having general application and established by an Act of the Government of Canada. 16.06 In the Province of Ontario, the Trustees/Administrator of the employee benefit funds referred to in this Agreement shall promptly notify the Local Union of the failure by any Employer to pay any employee benefit contributions required to be made under this Agreement and which are owed under the said funds in order that the Program Administrator of the Ontario Employee Wage Protection Program may deem that there has been an assignment of compensation under the said Program in compliance with the Regulations to the Ontario Employment Standards Amendment Act, 1991, in relation to the Ontario Employee Wage Protection Program. 16.07 The parties hereto agree that contribution rates for the trust funds listed herein do not include any Provincial or Federal taxes.