Common use of Cooperation of the Customer Clause in Contracts

Cooperation of the Customer. 8.1 The Customer shall always furnish AET Europe in a timely manner with all data, information, hardware, facilities materials and cooperation that are useful and necessary to execute the Agreement properly and provide full cooperation. If the Customer utilizes its own employees in cooperating in the execution of the Agreement, these employees shall possess the necessary know-how, experience, training and abilities. 8.2 Customer represents and warrants to AET Europe that the hardware, including servers, software, connections or other facilities used in connection with the Software, Products or the Services meet all required technical specifications to enable the correct functioning of the Software, Products and/or Services. Customer shall bear the risk of selecting, using and applying in its organization the hardware, software, (internet) connections and other facilities necessary for the proper use of the Products, Software and Service and shall also be responsible for the monitoring and security procedures and proper system management. AET Europe shall never be liable for damage or expenses due to (transmission) errors, malfunctions or the non-availability of these facilities, unless the Customer proves that this damage or these expenses resulted from intentional acts or omissions or gross negligence on the part of AET Europe or its managers. 8.3 If the Customer does not provide AET Europe with the data, equipment, software or other cooperation necessary to execute the Agreement, or does not provide this in a timely manner or in accordance with the agreements made, or if the Customer otherwise does not fulfill its obligations, AET Europe shall be entitled to suspend execution of the Agreement in whole or in part, and it shall be entitled to charge the ensuing expenses in accordance with its usual rates, all of this without prejudice to AET Europe 's right to exercise any other legal right. 8.4 In the event that employees of AET Europe perform work on the premises of Customer, Customer shall provide appropriate working conditions, access to all necessary facilities including but not limited to computer and telecommunication facilities and qualified personnel as may be reasonably requested by AET Europe. All facilities shall comply with all applicable statutory and other requirements and provisions concerning working conditions. The Customer shall indemnify AET Europe against claims by third parties, including the AET Europe 's employees, who, in executing the Agreement, suffer injury which is the result of acts or omissions by the Customer or of unsafe situations in its organization. 8.5 Customer represents and warrants that it is authorized to enter into the Agreement and complies with its terms. Furthermore, Customer represents and warrants that it will at any and all times meet with its obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software, Products and Services. Customer agrees to indemnify, defend and hold AET Europe, its affiliates and its staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of its (a) violation or breach of any term of the Agreement or these Terms and Conditions or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Software, Products or Services, or (d) the content spread by means of the Software or the Products. 8.6 If any of the data provided by the Customer must be considered to be personal data, the Customer guarantees that with regard to such personal data, all applicable regulations for the protection of privacy have been observed and that AET Europe is entitled to process such personal data. The Customer indemnifies AET Europe against any third parties’ claims in this respect. AET Europe will ensure that it on its own side will also strictly observe all applicable privacy regulations.