Common use of Indirect Orders Clause in Contracts

Indirect Orders. If Client places an order for the SaaS Products from HDS’s Authorized Channel Partner of Client’s choosing pursuant to an independent commercial agreement (“Indirect Order”), then HDS grants the rights described in this Agreement in consideration for and subject to (a) Client’s agreement to comply with the pricing and payment terms of the Indirect Order, to be separately agreed between Client and HDS’s Authorized Channel Partner, and (b) Client’s agreement to comply with its obligations set forth in this Agreement (including the restrictions on use of the SaaS Products). Notwithstanding the foregoing, the final sales price or rate shall be freely and independently determined between that channel partner and Client. For the avoidance of doubt, in the case of such an Indirect Order, any indication in this Agreement of an agreement between Client and HDS for the price payable by Client for such Indirect Order shall be null and void and not form a binding part of this Agreement and the provisions of this Agreement related to payment terms, pricing, and/or order procedures shall not apply.