Platform Operator Sample Clauses
Platform Operator. 4.1 The Operators agree that:
(a) subject to the operation of paragraph 4.1(b) below, PRISMA is and shall remain the Platform Operator for the purposes of this Agreement;
(b) an Operator may only change the Platform Operator with the other Operator’s prior written agreement to do so, such agreement not to be unreasonably withheld or delayed;
(c) nothing in this Agreement or otherwise shall require the Operators to enter into or incur any joint obligations or liabilities to PRISMA (or any other Platform Operator); and
(d) each Operator is severally responsible for any fees or other amounts payable to PRISMA (or any other Platform Operator) in connection with the arrangements described in paragraph 4.2 below.
4.2 Each Operator:
(a) confirms that it has entered into a Standard Form TSO Services Contract with PRISMA pursuant to which, amongst other things, PRISMA agrees to provide the Common Services in accordance with and subject to the terms of the Standard Form TSO Services Contract; and
(b) shall, subject to the operation of paragraph 4.1(b), maintain in full force and effect the Standard Form TSO Services Contract for the duration of this Agreement.
4.3 Each Operator considers and intends that the Services shall include PRISMA:
(a) determining, based on the submissions made to it by the Operators as described at paragraph 4.4 below, how much of the Available IP Capacity is capable of being made available as Bundled Available Capacity (and therefore included in a Bundled Capacity Auction) and how much is to be made available as Unbundled Available Capacity;
(b) publishing information relating to forthcoming Auctions;
(c) holding Auctions, including receiving, validating, evaluating and, where appropriate, accepting Shipper bids made in respect of Available IP Capacity;
(d) notifying the results of each Auction to each Operator and to each of the Shippers who participated in that Auction;
(e) publishing Auction results; and
(f) allocating Available IP Capacity to Shippers who have submitted successful bids.
4.4 The Operators acknowledge and agree that as at the Amendment Effective Date1 November 2015:
(a) IUK is not using PRISMA for transfers and surrenders of Allocated IP Capacity; and
(b) National Grid Gas is using PRISMA for transfers and surrenders of Allocated IP Capacity, and if these arrangements are proposed to change for either Operator (the “Affected Operator”), the Affected Operator shall provide written notice in advance to the other Operator of...
Platform Operator. 4.1 The Parties agree that the Platform Operator for the Interconnection Point is PRISMA European Capacity Platform GmbH and that the booking platform used pursuant to this Agreement shall be the same as the booking platform used pursuant to the PTL Tripartite Agreement.
4.2 Any change to the Platform Operator requires the agreement of the Parties and PTL.
4.3 The functions to be performed by the Platform Operator include:
(a) in relation to Auctions:
(i) determining amounts of Bundled and Unbundled IP Capacity available for allocation in each Auction;
(ii) publication of Auction information and holding of Auctions (in respect of both Bundled and Unbundled IP Capacity);
(b) receipt and validation of transfers by Shippers of IP Capacity (both Bundled and Unbundled); and
(c) receipt and validation of surrenders by Shippers of IP Capacity (both Bundled and Unbundled).
4.4 Each of the Linked Transporters (or its Affiliate) shall be party to an agreement with the Platform Operator under which the Platform Operator agrees to perform the functions contemplated by this Annex and by that Linked Transporter’s Transportation Arrangements.
4.5 Nothing in this Annex requires the Linked Transporters to enter into or incur any joint obligations or liabilities to the Platform Operator; and each of the Linked Transporters is severally responsible for any fees or other amounts payable to the Platform Operator in connection with its agreement under paragraph 4.4.
4.6 Each of the Linked Transporters considers that the Platform Rules and Processes are compatible with its Transportation Arrangements and with the provisions of this Annex.
4.7 If any incompatibility is found between the Platform Rules and Processes and the provisions of this Annex or any Party's Transportation Arrangements, a Party, upon becoming aware of any incompatibility, will notify the other Parties and the Parties will discuss the matter with a view to agreeing whether to amend this Annex, seek a modification of the Platform Rules and Processes and/or pursue a modification of the relevant Party's Transportation Arrangements.
4.8 Each of the Linked Transporters shall:
(a) send to the Platform Operator the information necessary to enable the Platform Operator to hold Bundled Capacity Auctions and perform its other functions contemplated by this Annex, including the following:
(i) amounts of IP Capacity available for Auction;
(ii) amounts of IP Capacity already allocated;
(iii) reserve prices;
(iv) large pric...
Platform Operator. 8.1.1 This ▇▇▇▇ is concluded between the User and the Publisher only and not with the specific Platform Operator (e.g. Apple, Google, etc.). The Platform Operator does not assume any responsibility for the App, but is- in case of a breach of the ▇▇▇▇ - entitled to raise claims against the User to the extent that the Platform Operator is a beneficiary to the ▇▇▇▇.
8.1.2 The Publisher grants the User the right to use the App only on devices that are owned or operated by him and in accordance with the Platform ▇▇▇▇.
8.1.3 Platform Operator is in no way obliged to provide any maintenance or support services with regards to the App.
8.1.4 Platform Operator does not assume any responsibility for the review, defense, settlement or satisfaction of claims resulting from the infringement of third party intellectual property rights.
8.1.5 Platform Operator is not obliged to react on claims brought against Platform Operator by the User or a third party in connection with the App or the property and/or the use of the App. This applies among others for the following claims: (a) product liability claims; (b) claims on the basis of assertion that the App is in breach of legal or regulatory provisions and (c) consumer protection claims or similar laws and regulations.
8.1.6 If the App does not satisfy an applicable warranty or guarantee, the User is entitled to inform the Platform Operator, so that the Platform Operator may refund the purchase price to the User, if applicable. As far as legally permissive, the Platform Operator does not assume any warranty regarding the App.
8.1.7 Platform Operator and its subsidiaries are beneficiary of the privacy statement and this ▇▇▇▇ and are after acceptance by the User therefore entitled to (and this right is deemed to have been accepted) derive rights from this ▇▇▇▇ and raise claims against the User.
Platform Operator a legal entity providing marketing services to Platform Users based on this Agreement. Platform Operator receives payment from Platform Users for the purchase and receipt of advertising services and provides the technical solution for the payment of these services to the Advertising Service Provider.
Platform Operator. 4.1 The Operators agree that:
(a) subject to the operation of paragraph 4.1(b) below, PRISMA is and shall remain the Platform Operator for the purposes of this Agreement;
(b) an Operator may only change the Platform Operator with the other Operator’s prior written agreement to do so, such agreement not to be unreasonably withheld or delayed;
(c) nothing in this Agreement or otherwise shall require the Operators to enter into or incur any joint obligations or liabilities to PRISMA (or any other Platform Operator); and
(d) each Operator is severally responsible for any fees or other amounts payable to PRISMA (or any other Platform Operator) in connection with the arrangements described in paragraph 4.2 below.