Data Providers Sample Clauses

Data Providers. Licensor has in place and will use its best efforts to maintain legal agreements with Data Providers for the provision of availability, schedule and fare data for the operation of the Licensed Software. Furthermore, Licensor believes that its commercial arrangements presently in effect with Data Providers should enable Licensor to provide services in accordance with the terms of this Agreement. However, Licensee acknowledges and agrees that such Data Providers are third parties which are not in Licensor's control and which are subject to delay or failure. While Licensor agrees, as part of its obligations under this Agreement, to receive, load and manage such data, Licensor does not warrant the accuracy of such data. In addition, Licensor disclaims any and all liability resulting from or related to Data Providers' failure to provide data to Licensor in a timely fashion. In the event a Data Provider breaches the terms of a legal agreement with Licensor, and such breach has an adverse effect on Licensee, Licensor shall, upon Licensee's request, consult with Licensee as to Licensor's enforcement of its rights under such agreement; however, Licensor will retain complete discretion as to what, if any, action to take as a result thereof.

Data Providers. ITA presently has in place and will use reasonable commercial efforts to maintain legal agreements, sufficient to cover ITA’s legal obligations to perform hereunder, with Data Providers for the provision of schedule, fare, industry and availability data for the operation of the ITA Software. However, Kayak acknowledges and agrees that such Data Providers are third parties which are not in ITA’s control and which are subject to delay or failure. While ITA agrees, as part of its obligations under this Exhibit B, to receive, load and manage such data, neither party warrants the accuracy of such data. In addition, ITA disclaims any and all liability resulting from or related to Data Providers’ failure to provide data to ITA in a timely fashion. * CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.

Data Providers. (a) ITA presently has in place and will use reasonable commercial efforts to maintain legal agreements, sufficient to cover ITA’s legal obligations to perform hereunder, with Data Providers for the provision of schedule, fare, industry and (subject to paragraph (b) below) availability data for the operation of the Licensed Software. However, Galileo acknowledges and agrees that such Data Providers are third parties which are not in ITA’s control and which are subject to delay or failure. While ITA agrees, as part of its obligations under this Agreement, to receive, load and manage such data, ITA does not warrant the accuracy of such data (except that the foregoing will not be deemed to relieve ITA from responsibility for problems with data which are caused by ITA and not by a Data Provider). In addition, ITA disclaims any and all liability resulting from or related to Data Providers’ failure to provide data to ITA in a timely fashion. (b) Notwithstanding any other provision of this Agreement, ITA disclaims any warranty as to the continued supply of availability data from Worldspan. In the event Worldspan ceases to provide ITA with availability data, ITA may take any actions which ITA in its sole discretion deems appropriate with respect to the provision of such data. . No such cessation by Worldspan will constitute a breach by ITA of this Agreement, nor will Galileo have any right to recover any damages, or take any other action against ITA (except as specifically provided in Section 7.3(c)(iv) of the License Agreement) as a result thereof; provided, that the foregoing will not be deemed to limit Galileo’s ability to exercise any other rights or remedies, up to and including termination, as a result of any breach by ITA of any other provision of this Agreement or the License Agreement. ITA agrees that it will exercise its best efforts (subject to ITA’s confidentiality obligations to third parties) to give Galileo the greatest possible notice of a contemplated or threatened or actual loss of Worldspan availability information. (c) In the event ITA elects to receive availability data from a source other than or in addition to Worldspan or Galileo, the availability information generated by the Licensed Software shall not differ materially, in scope or quality, from that generated using the data currently obtained from Worldspan. ITA shall notify Galileo not less than 30 days (or such lesser period as is commercially practicable under the circumstances, in ITA...

Data Providers. Enverus has entered into agreements with certain commodities exchanges and other third-party providers of Market Data (“Data Providers”) wherein Enverus has been granted the right to receive Market Data and to retransmit the same to Customer. Customer is responsible at all times for any applicable fees charged by Data Providers for all installed users, whether set forth on the Order Form, separately agreed between Customer and the Data Provider, or determined related to an audit pursuant to Section 14. Customer acknowledges that fees for Market Data services are subject to change from time to time by the Data Providers and the Data Providers may terminate services any time without notice or liability. If fees increase and Customer requests in writing (or via email) that Enverus terminate the associated data services, Enverus will do so unless contractually prohibited. If data services are terminated, Enverus shall cease to provide, and Customer will no longer be obligated to pay fees for, the terminated data services, without affecting any other Products. To the extent Customer provides any data to Enverus for use in the Products, Customer represents and warrants that it has all rights necessary to do so. Each of the Data Providers has exclusive and valuable rights in and to its own Market Data and such Market Data constitutes valuable confidential information, trade secrets and/or proprietary rights of each of the Data Providers, not within the public domain and shall remain as such at least until the Data Provider places their respective Market Data in the public domain or authorizes placement of their respective data in the public domain. But for this Agreement, Customer would have no rights to access to such Market Data. Disclosure of any Market Data, or any breach of any other covenants or agreements contained herein, would cause irreparable injury to each of the Data Providers for which money damages would not be an inadequate remedy. Accordingly, Customer further acknowledges and agrees that each of the Data Providers shall be entitled to specific performance, injunctive and other equitable relief from breach or threatened breach of any provision, requirement, or covenants of this Agreement.

Data Providers. The project has been designed to enable maximal benefit from research by making data as accessible as possible to the research community, while protecting the interests of participants from whom the data originate with regard to their privacy and confidentiality, and within the scope of their consent. Data providers are responsible to ensure that the responsible ethics committees, data access committees, national regulatory authorities or equivalent bodies have granted approval for the data they provide to be accessed within the project. The data provider must ensure that prior approval is available before any deposition of data which may be accessed by users of BioMedBridges services occurs. Deposition of data by the data providers will act as assurance to the project that data providers have sought and obtained, where necessary, all appropriate approvals as required by relevant national laws and regulations. Where approvals are necessary, the data provider form included in Annex I to this document must be completed and submitted to the project coordinator. Where there is any doubt, or where the consent does not foresee the use of data in BioMedBridges, approval from an appropriate ethics committee or national authority as required by law or regulation must be sought before data are deposited for use in the BioMedBridges project.

Data Providers a. Data Custodians may, as a condition of providing access to their data or a part of it through the SURE service, request or require the Lead Research Organisation and/or Participating Institution and/or the Institute to execute a deed, consent or agreement which gives that data provider or a nominated third party rights in relation to the SURE service and the Virtual Machine (Data Provider Rights). b. The Lead Research Organisation and Participating Institution acknowledge and agree that: 1) the NSW Ministry of Health and/or the NSW Cancer Registry and/or any Data Custodian may revoke access to datasets for linked data or for individual Projects; 2) the NSW Ministry of Health or its appointed representative/s may access all data, records and associated documents for audit purposes; 3) if the Lead Research Organisation has indicated on the Application Form for the Workspace or otherwise notified the Institute that data from a specific Data Custodians Provider may be stored in the Virtual Machine, or has used data from a specific data provider, the Institute may: A. suspend access to the Virtual Machine at any time if it receives a written notice requesting such suspension from the relevant Data Custodians Provider and, if it receives such a suspension request, the Institute may disclose to the Data Custodians Provider: i. the name and contact details of the Lead Researcher for the Virtual Machine; ii. the name of each file in the Virtual Machine. B. suspend a person’s access to the Virtual Machine as requested by that Data Custodians Provider; 4) without limitation, Data Provider Rights may include rights for the Data Custodians Provider to access, delete or modify files within the Virtual Machine or to require suspension or limitation of access to the Virtual Machine; 5) the Institute is released from its obligations to the Research Organisation in relation to the Virtual Machine and SURE service to the extent necessary to give full effect to the Data Provider rights; 6) the Institute will not be liable to the Research Organisation for any loss, cost, damage or expense of any kind suffered due to any actions taken by the Institute in accordance with this clause.