These agreements are the precursor to a binding agreement for software licenses between two organizations. It defines the products, responsibilities and prices that the parties will approve in a subsequent binding contract. 7.1 Basic services charges. Specialtysemi pays each month the basic service fee for this month. […***…] Notwithstanding the above sentence and subject to mutual agreement of the parties, the fee for basic services may be adjusted to reflect, if necessary, a change in costs resulting from the elimination of obsolete services or systems or the replacement of those services or systems and, if necessary, the resulting modification of basic services. Is there a clause in the MSA (Master Service Agreement) with respect to non-application/non-competent 14.10 counter-parties. This agreement can be executed in one or more counterparties, each considered original, but which all constitutes the same agreement. 1.2 “Additional Services” refers to all services, functions or responsibilities that Conexant provides in accordance with the additional service contracts under Schedule E. Additional services include IT projects and services that exceed the current levels of service agreed by the parties. 6.2 Climbing. All issues related to the performance of IT services under this contract will first be brought to the attention of specialtysemi and Conexant affiliated service managers.
It is the responsibility of service managers to communicate these issues and develop a solution, and only issues that are dealt with in accordance with this procedure are addressed and reported. The escalation procedures described in Schedule H apply if service managers are unable to agree on a solution to an issue. In addition to Schedule H procedures, Conexant resolves all issues related to mission-critical services, in accordance with Schedule I installation procedures. Only Specialtysemi`s head of services or its designer can call an “emergency.” If an “emergency” is reported, the Conexant Services Manager will provide Specialtysemi`s Service Manager with hourly updates (by phone, voicemail, email or other appropriate form of communication) on progress in resolving the “emergency.” 2.2 Designated software and materials. Specialtysemi grants Conexant , [ . . .] a limited right to install, execute, copy, modify, display and other use of all designated software and specialtysemi hardware, only to perform computer services under this Agreement, if and only to the extent permitted by the license agreements for the supported software. 4. Limited guarantee: (a) MA SOCIÉTÉ guarantees for a period of thirty (30) days after delivery (the “guarantee period”) that all services are provided professionally in accordance with universal industrial standards.
The exclusive liability (and exclusive recourse of the customer) for any violation of this guarantee is that MY company will again provide defective services or, if MY SOCIÉTÉ is unable to remedy this defect within thirty (30) days, cancels the invoice for defective services. MA SOCIÉTÉ IS NOT OBLIGATORY IN WHAT A GARANTIE RIGHT: (i) if it is informed of this right after the expiry of the warranty period or (ii) if the claim is the result of the hardware or software of a third party, the action of the customer or another party, or other factors that are not subject to the appropriate control of MY COMPANY.