By Nortel Networks Clause Samples

The "By Nortel Networks" clause typically serves to indicate authorship, ownership, or responsibility for a document, product, or provision by the company Nortel Networks. In practice, this clause may appear in contracts, technical documents, or intellectual property notices to clarify that Nortel Networks is the originating or accountable party. Its core function is to establish clear attribution, which helps avoid confusion regarding the source or responsible entity for the content or obligations described.
By Nortel Networks. With respect to matters not covered in Section 15.1 or 15.2.1, Nortel Networks shall indemnify and hold Flextronics, its customers, distributors and their employees, harmless from any losses, damages, liabilities and costs including reasonable attorney’s fees arising from any injury or death to persons or loss of or damage to property to the extent caused by the Products manufactured according to the Specifications, any Products, parts or components supplied by the NC Supplier or Nortel Networks’ negligence or wilful misconduct.
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By Nortel Networks. Except as otherwise provided in this Section 13, Nortel Networks shall, at its expense and at Flextronics’ request, indemnify and defend Flextronics against any claim or action brought against Flextronics by a third party to the extent that such claim is based on an assertion that Flextronics’ activities as part of the Services infringe, directly as a result of Flextronics’ compliance with instructions by Nortel Networks to Flextronics relating to an Order under this Agreement, infringes any patent, copyright or trademark, or violates any trade secret or other proprietary right of a third party. Nortel Networks shall pay any pre-judgment and pre-settlement costs as w▇▇▇▇ as any resulting costs and damages finally awarded against Flextronics or agreed to in any settlement, and Flextronics’ reasonable attorneys’ or patent agent’s or other expert’s fees incurred in connection therewith, provided that (i) Flextronics promptly notifies Nortel Networks in writing of any such claim, (ii) Nortel Networks has sole control of the defense and all related settlement negotiations, and (iii) Flextronics reasonably cooperates, at Nortel Networks’ cost, in the defense and furnishes all related evidence under its control. Notwithstanding the foregoing, Nortel Networks shall have no liability under Section 13.1 to the extent the alleged infringement or violation: (a) arises from Flextronics’ modification or alteration of the information supplied by Nortel Networks relating to an Order, Blanket Purchase Order, or Order for Materials, or any other materials provided by Nortel Networks, and such modification or alteration is not authorized by Nortel Networks; (b) arises from any method or process used in or practiced as part of the Services provided by Flextronics under this Agreement (unless such method or process was specifically requested by Nortel Networks); or (c) arises from any Services provided by Flextronics under this Agreement (unless the method or process of providing such Service was specifically requested by Nortel Networks).
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By Nortel Networks. Upon a specific request of Customer for repair of a quantity of RTU with a specific Annex G - Warranty Services Purchase and License Agreement for Fwa Equipment -------------------------------------------------------------------------------- software release version, the parties will work together to define a mutually agreeable process to satisfy such specific request, provided that, such a process does not cause Nortel Networks to incur any out of pocket expenses or material additional cost. * Warranty on units repaired (FRU) by Nortel Networks to be limited to ninety (90) days from delivery of repaired part or to the end of the original warranty period, whichever is longer. * The defective FRU returned to Nortel Networks becomes the property of Nortel Networks and, subject to Nortel Networks' receipt of the defective FRU, its replacement becomes AXTEL's property. * Nortel Networks reserves the right to reject the return of any FRU that does not clearly display the specific part request number [Return Material Authorization (RMA) number] or does not include the associated completed Nortel Networks fault report forms. * Nortel Networks will from time to time assess products offered and supported. The assessment will be based on technology, market development, product deployment, and support requirements and may identify certain products that will be discontinued. Nortel Networks reserves the right to terminate any service purchased by AXTEL for products that have been discontinued. Subject to the Nortel Networks then-current policies, continued support for any discontinued products beyond the effective date of discontinuance may be provided on a reasonable basis, as determined by Nortel Networks. * The service will be furnished by Nortel Networks or a party authorized by Nortel Networks. * As part of repair service, Nortel Networks will monitor all faulty product returns for No Fault Found (NFF) from Axtel. All repair cases resulting in "no fault found" will be charged to Axtel at 50% of Nortel Networks full repair rates. In the event that such Product presents again in the field within 120 days of return date the same failures as noticed by Axtel, Nortel Networks shall repair or replace, in a term no longer than 60 days, such Product at its cost and expense. * If, in the judgment of Nortel Networks, the returned FRU has been damaged by misuse, accident, modification, failure to install and commission as per Nortel Networks processes or maintain proper phy...
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Related to By Nortel Networks

  • Supplier A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor.

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy.

  • IBM Credit may in its sole discretion from time to time decide the amount of credit IBM Credit extends to Customer, notwithstanding any prior course of conduct between IBM Credit and Customer. IBM Credit may combine all of its advances to make one debt owed by Customer.

  • By Microsoft Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product made available by Microsoft for a fee and used within the scope of the license granted under this Agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional equivalent or (2) terminate Customer’s license and refund any license fees (less depreciation for perpetual licenses), including amounts paid in advance for unused consumption for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product after being notified to stop due to a third-party claim.

  • Supplier’s Staff 3.3.1 Access to the Premises shall be limited to such Staff and the Supplier’s suppliers as are necessary for the Supplier to fulfil its obligations under the Contract. The Supplier shall co-operate with others working on the Premises to such extent as the Authority may reasonably require. 3.3.2 The Authority reserves the right to refuse to admit to, or to withdraw permission to remain on, the Premises:- (a) for any member of the Staff; or (b) for any person employed or engaged by any member of the Staff, whose admission or continued presence would be, in the reasonable opinion of the Authority, undesirable. 3.3.3 At the Authority’s written request, the Supplier shall provide a list of the names and business addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.3.4 The Supplier’s Staff, engaged within the boundaries of the Premises, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside those premises. 3.3.5 If the Supplier fails to comply with Clause 3.3.3 within one (1) Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 3.3.6 The decision of the Authority as to whether any person is to be refused access to the Premises and as to whether the Supplier has failed to comply with Clause 3.3.3 shall be final and conclusive.