This Agreement enures to the benefit of, and is binding upon, the parties and their respective heirs, executors, administrators, estate trustees, trustees, personal or legal representatives, successors, and permitted assigns. (2) Additional Fees. Additions or modifications to the Services may be accomplished through the use of a “Change Order”. If Client pays any fees by credit card, Client expressly authorizes SAV or its agents to charge all fees, charges and expenses incurred under this Agreement to such card, and such authorization will survive termination of this Agreement until there are no fees, charges or expenses owing by Client under this Agreement.  =  (2) This Agreement constitutes the entire agreement between the parties concerning all the matters herein and supersedes all prior agreements, understandings, letters of intent, negotiations and discussions between the parties, whether oral or written. In no event will SAV’s cumulative liability for damages for all claims relating to a Service during any calendar year exceed the charges paid by Client to SAV for that Service during that calendar year. On obtaining the Client’s written signature to the Change Order, the Change Order will become part of the Service Schedules. eight (4) No claims or actions regardless of form may be brought by Client more than twelve months after the facts giving rise to such claim or action have occurred, regardless of whether those facts by that time are known to, or ought reasonably to have been discovered by Client. (3) In the event that any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law. You will need to implement processes that allow you to evaluate new contracts to determine if they contain embedded leases. (1) SAV’s liability under this Agreement is limited to direct and actual damages that arise as a result of events within its direct and sole control in the following amount: (a) damages for physical harm to persons or tangible personal property and real property caused by SAV’s negligence or its wilful or wanton misconduct will be limited to a cumulative maximum of $25,000; and (b) any other direct and actual damages, including without limitation loss of Data, as may be established by Client will be limited to the lesser of $5,000 or the charges paid to SAV for the two-month period immediately before the month in which the Services which are the subject of the claim were provided or to be provided. This agreement is all about the definition of the type of work and deliverables which comes under the customer service. Any arbitrator nominated or selected will be independent of each of the parties to the Dispute; (2) it is the intention of the parties that the arbitration will be conducted, and that the determination or award of the arbitrator be made and communicated in writing to the parties, as expeditiously as possible and this will be reflected in choice of and directions given to and by the arbitrator.  ×  A master service agreement, sometimes known as a framework agreement, is a contract reached between parties, in which the parties agree to most of the terms that will govern future transactions or future agreements. The arbitrator will conduct the arbitration of the dispute as expeditiously as reasonably possible and will provide written reasons for his or her decision. In light of this expanded definition, companies will account for implementation costs related to cloud computing arrangements in the same way that they account for implementation costs related to internally hosted software. Client acknowledges that there are risks inherent in use of the Internet that could result in the loss of privacy, confidential information and property, including any Data or information transmitted by any server designated as “secure”. Client will also be responsible to SAV for all fees and charges associated with any additional services or incremental costs incurred by SAV in providing the Services caused by Client’s failure to: (a) provide accurate Data in a prescribed format; (b) perform any of its obligations under this Agreement; or (c) provide Data at the time required for processing. A suspension of Service under this subsection will not be considered a breach by SAV of the terms of this Agreement. Additionally, you need to have a clear understanding of what constitutes a lease, since your contracts will rarely contain the terms “lease,” or “rent.”. Document Visibility. To give some better clarity on how to evaluate contracts, let’s walk through an example. If the parties fail to agree upon an arbitrator within 15 days after a party has notified the other party of the name of the person it nominates to carry out the arbitration, then the appointment of an arbitrator will be determined in accordance with the rules and procedures of the BCCAA. Client grants to SAV, solely for SAV’s provision of the Services, a license during the Term to use any Intellectual Property Rights, including any Software, owned by or licensed to Client by third parties and that is necessary for providing the Services to Client and otherwise performing its obligations under this Agreement.


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