Modifications by Customer Sample Clauses

Modifications by Customer. In no event shall Savi▇▇▇ ▇▇▇e any responsibility to correct any problems or damage resulting from changes to or modification of Licensed Software made by Customer.
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Modifications by Customer. Customer shall not modify, create any derivative work of, or incorporate any other software into the computer software programs or any portion thereof. SimpleSoftware shall not be responsible for maintenance of or for repair of errors or malfunctions occasioned by any modification or enhancement to the Programs made by Customer or by anyone other than SimpleSoftware. Any modifications or enhancements made by Customer or by anyone other than SimpleSoftware shall be grounds for immediate termination of this Maintenance Agreement.
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Modifications by Customer. Customer may by at least forty-five (45) calendar days' prior written notice to Processor, request in writing any variations to this DPA if they are required as a result of any change in, or decision of a competent authority under, any Data Protection Laws, to allow Processing of Customer Personal Data to be made (or continue to be made) without breach of that Data Protection Law. Pursuant to such notice: (a) Processor shall make commercially reasonable efforts to accommodate such modification requested by Customer or that Processor believes is necessary; and (b) Customer shall not unreasonably withhold or delay agreement to any consequential variations to this DPA proposed by Processor to protect the Processor against additional risks, or to indemnify and compensate Processor for any further steps and costs associated with the variations made herein at Customer’s request. The Parties shall promptly discuss the proposed variations and negotiate in good faith with a view to agreeing and implementing those or alternative variations designed to address the requirements identified in Customer’s notice as soon as is reasonably practicable. In the event that the Parties are unable to reach such an agreement within 30 days of such notice, then Customer or Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Service which is affected by the proposed variations (or lack thereof). Customer will have no further claims against Processor (including, without limitation, requesting refunds for the Service) pursuant to the termination of the Agreement and the DPA as described in this Section.
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Modifications by Customer. Customer shall not modify, create any derivative work of or incorporate any other software into the Programs or any portion thereof. SIOS shall not be responsible for maintenance of or for repair of errors or malfunctions occasioned by any modification or enhancement to the Programs made by Customer or by anyone other than SIOS. Any modifications or enhancements made by Customer or by anyone other than SIOS shall be grounds for immediate termination of this Support Agreement.
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Modifications by Customer. Customer shall inform SDT in writing of any modifications made by Customer to the hardware or operating software configuration.
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Modifications by Customer. CUSTOMER MAY BY AT LEAST FORTY- FIVE (45) CALENDAR DAYS' PRIOR WRITTEN NOTICE TO PROCESSOR, REQUEST IN WRITING ANY VARIATIONS TO THIS DPA IF THEY ARE REQUIRED AS A RESULT OF ANY CHANGE IN, OR DECISION OF A COMPETENT AUTHORITY UNDER, ANY DATA PROTECTION LAWS, TO ALLOW PROCESSING OF CUSTOMER PERSONAL DATA TO BE MADE (OR CONTINUE TO BE MADE) WITHOUT BREACH OF THAT DATA PROTECTION LAW. PURSUANT TO SUCH NOTICE: (A) PROCESSOR SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO ACCOMMODATE SUCH MODIFICATION REQUESTED BY CUSTOMER OR THAT PROCESSOR BELIEVES IS NECESSARY; AND (B) CUSTOMER SHALL NOT UNREASONABLY WITHHOLD OR DELAY AGREEMENT TO ANY CONSEQUENTIAL VARIATIONS TO THIS DPA PROPOSED BY PROCESSOR TO PROTECT THE PROCESSOR AGAINST ADDITIONAL RISKS, OR TO INDEMNIFY AND COMPENSATE PROCESSOR FOR ANY FURTHER STEPS AND COSTS ASSOCIATED WITH THE VARIATIONS MADE HEREIN AT CUSTOMER’S REQUEST. THE PARTIES SHALL PROMPTLY DISCUSS THE PROPOSED VARIATIONS AND NEGOTIATE IN GOOD FAITH WITH A VIEW TO AGREEING AND IMPLEMENTING THOSE OR ALTERNATIVE VARIATIONS DESIGNED TO ADDRESS THE REQUIREMENTS IDENTIFIED IN CUSTOMER’S NOTICE AS SOON AS IS REASONABLY PRACTICABLE. IN THE EVENT THAT THE PARTIES ARE UNABLE TO REACH SUCH AN AGREEMENT WITHIN 30 DAYS OF SUCH NOTICE, THEN CUSTOMER OR PROCESSOR MAY, BY WRITTEN NOTICE TO THE OTHER PARTY, WITH IMMEDIATE EFFECT, TERMINATE THE AGREEMENT TO THE EXTENT THAT IT RELATES TO THE SERVICE WHICH IS AFFECTED BY THE PROPOSED VARIATIONS (OR LACK THEREOF). CUSTOMER WILL HAVE NO FURTHER CLAIMS AGAINST PROCESSOR (INCLUDING, WITHOUT LIMITATION, REQUESTING REFUNDS FOR THE SERVICE) PURSUANT TO THE TERMINATION OF THE AGREEMENT AND THE DPA AS DESCRIBED IN THIS SECTION.
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Related to Modifications by Customer

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.