INSTALLATION AND PERFORMANCE Sample Clauses

The INSTALLATION AND PERFORMANCE clause defines the responsibilities and standards for installing and carrying out work or services under a contract. It typically outlines who is responsible for providing materials, equipment, and labor, as well as the required quality and timelines for completing installation tasks. This clause ensures that both parties understand their obligations regarding how and when the installation should occur, thereby minimizing disputes and ensuring the project meets agreed-upon specifications and deadlines.
INSTALLATION AND PERFORMANCE. 4.1. STARTRACK VEHICLE TRACKING shall, upon signature by the CUSTOMER of both this agreement and the master rental agreement arrange for the installation of the equipment at a STARTRACK VEHICLE TRACKING installation centre or at additional optional cost at a preferred installation address. 4.2. On commencement of this agreement and the master rental agreement, STARTRACK VEHICLE TRACKING shall provide the CUSTOMER with access to its monitoring platforms. 4.3. The CUSTOMER shall, upon taking delivery and installation of the equipment from STARTRACK VEHICLE TRACKING, sign STARTRACK VEHICLE TRACKING's delivery/installation note and shall procure that a copy of the delivery note is given, without delay, to STARTRACK VEHICLE TRACKING. By signing the said delivery/installation note and having received access to the monitoring platform, the CUSTOMER confirms that it has inspected the equipment and has satisfied itself that the equipment is free from any defect and is operating satisfactorily. 4.4. The CUSTOMER shall notify STARTRACK VEHICLE TRACKING in writing immediately of any fault in the equipment or any repair which may be necessary. No responsibility is accepted by STARTRACK VEHICLE TRACKING for equipment failure due to failure of the electrical or mechanical parts of the CUSTOMER’S vehicle/s, nor shall STARTRACK VEHICLE TRACKING be responsible for any consequential damage or loss arising by reason of the equipment being temporarily out of order from any cause whatsoever. 4.5. The CUSTOMER shall allow STARTRACK VEHICLE TRACKING or its agents, servants, or contractors at any reasonable time to inspect the equipment and to carry out, if necessary, all repairs, maintenance, servicing, removals or alterations. The CUSTOMER shall be responsible for any loss or damage or destruction to the equipment due to the negligent or wilful acts or omissions of the CUSTOMER or its employees, and the CUSTOMER shall be liable and shall pay the costs of repairing or replacing, as the case may be, the equipment or any damaged or lost components comprising the equipment. 4.6. STARTRACK VEHICLE TRACKING will, or may appoint a suitably qualified maintenance service provider for the duration of this agreement, to do all installations, repairs, maintenance, servicing, removals, or alterations of this agreement to the reasonable satisfaction of STARTRACK VEHICLE TRACKING and the CUSTOMER. 4.7. The CUSTOMER shall not permit any person other than STARTRACK VEHICLE TRACKING, nor shall it...
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Related to INSTALLATION AND PERFORMANCE

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Delivery and Performance All work performed under contracts or task orders will be at the highest quality applicable and delivered according to Statement of Objectives (SOO), Statement of Works (SOW), or Performance Work Statements (PWS). The Contractor must deliver and perform according to the requirements of the contract or task order, and may be denied further work for substandard performance. The Government may include deliveries or performance requirements, such as (1) optional clauses, (2) agency clauses, or (3) specific clauses, in a contract or task order.

  • Capacity and Performance (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company. (b) Executive shall devote his full business time, attention, skill, and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment, including, without limitation, any activity that: (x) conflicts with the interests of the Company or any other member of the Company Group, (y) interferes with the proper and efficient performance of Executive’s duties for the Company, or (z) interferes with Executive’s exercise of judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from: (i) serving, with the prior written consent of the Board, as a member of the Board of Directors or Advisory Board (or the equivalent in the case of a non-corporate entity) of a noncompeting for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing Executive’s personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii), and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s employment with Company shall be exclusive with respect to the business of Company. Accordingly, during the Term, Executive shall devote Executive’s full business time and Executive’s best efforts, business judgment, skill and knowledge to the advancement of the business and interests of Company and the discharge of Executive’s duties and responsibilities hereunder, except for permitted vacation (and other paid time off) periods, reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, in each case such activities shall not interfere in any material respect with Executive’s duties and responsibilities hereunder. (d) During the Term, the Executive will report directly to the Board. (e) On the Effective Date, the Board shall appoint Executive as a director (Chairman of the Board) of Company and shall, during the Term, nominate and recommend Executive for election as a director. Executive acknowledges and agrees that Executive is not entitled to any additional compensation in respect of Executive’s appointment as a director of Company. If during the Term, Executive ceases to be a director of Company for any reason, Executive’s employment with the Company will continue (unless terminated under Section 5), and all terms of this Agreement (other than those relating to Executive’s position as a director of Company) will continue in full force, and effect and Executive will have no claims in respect of such cessation of office. Executive agrees to abide by all statutory, fiduciary or common law duties arising under applicable law that apply to Executive as a director of Company. (f) Executive shall be employed to perform his duties under this Agreement at the primary office location of Company, or at such other location or locations as may be mutually agreeable to Executive and Company (including reasonable provisions during the COVID-19 national public health emergency). Notwithstanding this, it is expected that the Executive shall be required to travel a reasonable amount of time in the performance of his duties under this Agreement.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Payment and Performance of Obligations Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.