Common use of Service Recipients Clause in Contracts

Service Recipients. Each Service Provider shall provide the relevant Services to the Service Recipient. For purposes of this Agreement: “Service Recipient” means, with respect to any of such Services, Imation or the Imation Subsidiary designated in the Statement of Work applicable to those Services. Where an Imation Subsidiary is the Service Recipient, Imation shall: (i) supervise such Service Recipient to ensure that the Service Recipient complies with the obligations that apply to Service Recipients under this Agreement; (ii) impose on such Service Recipient the same confidentiality obligations that apply to Imation under this Agreement; and (iii) remain fully responsible for the complete performance of this Agreement, including for the payment of any fees invoiced to a Service Recipient pursuant to Section 2.1 below, and be liable in accordance with the terms of this Agreement for any Service Recipient’s noncompliance with any terms of this Agreement. In providing Services under this Agreement, each Service Provider shall be entitled to rely upon and shall comply with the instructions, communications and other acts of the respective Service Recipient to the extent the same are consistent with the provisions of this Agreement.

Appears in 1 contract

Sources: Acquisition Agreement (Imation Corp)

Service Recipients. Each Service Provider shall provide the relevant Services to the Service Recipient. For purposes of this Agreement: , “Service Recipient” means, with respect to any of such ServicesService, Imation the Buyer or the Imation Subsidiary Affiliate of the Buyer designated in the Statement of Work applicable Services Schedule or reasonably designated by the Buyer to those Servicesreceive such Service. Where an Imation Subsidiary Affiliate of the Buyer is the Service Recipient, Imation the Buyer shall: (ia) supervise the performance of such Service Recipient to ensure that the Service Recipient complies with the obligations that apply to Service Recipients under this Agreement; , (iib) impose on such Service Recipient the same confidentiality obligations that apply to Imation the Buyer under this Agreement; and (iiic) remain fully responsible for the complete performance of the Buyer’s obligations under this Agreement, including for the payment of any fees invoiced to a Service Recipient pursuant to Section 2.1 below, and be liable in accordance with the terms of this Agreement for any Service Recipient’s noncompliance with any terms of this Agreement3.5. In providing Services under this Agreement, each Service Provider shall be entitled to rely upon and shall comply with the instructions, communications and other acts of the respective Service Recipient to the extent the same are consistent with the provisions of this Agreement.

Appears in 1 contract

Sources: Transition Services Agreement (Spansion Inc.)