The management agreement and the TSA are usually negotiated and signed before anticipating the pick for the hotel project. As a result, some provisions of the TSA are necessarily broad to account for many unknown aspects of the design, design and construction of the project. This inherent limitation of details can lead to future problems and disagreements to the detriment of the parties and the project. 13.1 Third-party products. Any third-party product that we specify as indicated in an applicable order form or that is provided in conjunction with the Service (z.B a non-Improvado application) is provided by third parties under the terms of the current agreement, and your use of such a third-party product constitutes your consent to comply with the terms of the existing third party agreement. We disclaim any liability and, in particular, disclaim any liability or obligation for third-party products.13.2 Non-Improvado Applications. “Non-Improvado App” refers to a software application developed by a third party or by you and working with the service. We do not guarantee or support non-improvado applications, that the non-Improvado application is certified by us. If you install or activate a non-improvisedado application for use with the service, you allow us to allow the non-improvado app provider to access subscription data, as is required to merge this non-improvado application with the service. We are not responsible for the disclosure, modification or deletion of subscriber data by the non-Improvado provider resulting from access by a non-Improvado application. If we believe that a non-improvado application violates our policies, agreement, current legislation or third-party rights, we may disable the non-improvado application and suspend the use of the non-Improvado application until the possible violation is corrected. This master service agreement, in conjunction with your fully executed order form, jointly governs your purchase of a license for and the use of Improvado`s platform and services. THE PARTIES AGREE AS FOLLOWS: BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING ON A SIGNING YOUR ACCEPTANCE OR BY EXECUTING SOME FORM OF ORDER, THEY ARE UNDER THAT AGREEMENT.
IF YOU ENTER INTO THIS AGREEMENT ON THE RETENTION OF A BUSINESS OR OTHER LEGAL ENTITY, YOU HAVE THE AUTHORITY OF LIEZ ENTITY AND YOUR AFFILIATES TO THESE CONDITIONS AND CONDITIONS. IF YOU DO NOT HAVE SUCH A POWER OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU CANNOT ACCEPT THIS CONTRACT AND NOT USE THE SERVICE. In a recent decision of the New York State Supreme Court in a case concerning the design and construction of the St. Regis Hotel – Residences in Fort Lauderdale, Fla. ownership or operating disputes relating to the design, construction and opening of the project, as well as the impact of the technical service contract terms on the project and the working relationship of the parties? the failure of the parties` relationship, the loss of the brand, construction and opening delays, as well as the substantial increase in construction and debt service costs. The long-term decision shows what went wrong through an analysis of each party`s actions, and then assesses the legal liability of each party, which stems from the language of the TSA and the behaviour of the parties. Although this decision is factual and project-specific, the case illustrates the importance of the TSA and provides a virtual manual on what to do and what not to do in the development of a hospitalization project for both parties.