Employer's Use of Contractor's Documents Sample Clauses

Employer's Use of Contractor's Documents a) The Specification and Drawings shall be in the custody and care of the Employer. Unless otherwise stated in the Contract, four copies of the Contract and of each subsequent Drawing shall be supplied to the Contractor, who may make or request further copies at the cost of the Contractor. Each of the Contractor's Documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the EMPLOYER/ENGINEER six copies of each of the Contractor's Documents.
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Employer's Use of Contractor's Documents. The Contractor transfers to the Employer the ownership title to any carriers on which the Contractor's Documents and other design documents made by (or on behalf of) the Contractor ("Copyrighted Documents") are fixed. The Contractor transfers to the Employer the economic copyrights to the Copyrighted Documents within the following fields of exploitation (the "Fields of Exploitation"):
Employer's Use of Contractor's Documents. As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor's Documents and other design documents made by (or on behalf of) the Contractor. The Contractor shall be deemed (by signing the Contract) to give to the Employer a world- wide, non-terminable, transferable, non-exclusive, royalty-free licence to copy, use and communicate the Contractor's Documents, including making and using modifications of them. This licence shall:
Employer's Use of Contractor's Documents. The Contractor transfers to the Employer the ownership title to any carriers on which the Contractor's Documents and other design documents made by (or on behalf of) the Contractor and mentioned in the following sections are fixed. Nothing contained herein shall be constructed as transferring any patent, trademark rights or copyrights in Works covered by this Agreement, and all such rights are hereby expressly reserved to the true and lawful owners thereof. The Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other documents made by the Contractor. The Contractor grants to the Employer a limited, royalty-free, non- exclusive and non-transferable licence to use the Contractor’s Documents solely for the purposes of operating and maintaining the Works provided by the Contractor pursuant to this agreement at the Site. The Contractor represents and undertakes to ensure that the enforcement of the terms of this clause does not violate any third party rights. The Contractor will use its best efforts to ensure the acquisition by the Employer of the rights specified above. On the basis of art. 392 of the Polish Civil Code, the Contractor releases the Employer from the obligation to make performances for third parties if any claims are raised against the Employer in connection with the violation of copyright, patent, registered design, trade xxxx, trade name or other intellectual or industrial property right, if such claim or proceedings are related to the Copyrighted Documents. In any part of the Copyrighted Documents includes an invention, utility model, design, geographical indication, topography of integrated circuits or any other solution/technology protected by law, in particular by the Law of Industrial Property of 30 June 2000 (Prawo własności przemysłowej) or an international treaty, the Contractor should inform the Employer about that fact when delivering such Copyrighted Documents to the Employer. The fee for the grant of the Licence (with respect to operation and maintenance of the Works), the granting of permits and consents and the performance of other obligations of the Contractor referred to in this clause is covered in full by the Contract Price. At the same time, the Contractor consents to the Employer’s having the Copyrighted Documents and the Derivative Works at its disposal and using them within the scope provided hereby without additional remuneration for the Contractor. In case of a...
Employer's Use of Contractor's Documents. If a Party becomes aware of an error or defect in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect. The Contractor shall give notice to the Engineer whenever the Works are likely to be delayed or disrupted if any necessary drawing or instruction is not issued to the Contractor within a particular time, which shall be reasonable. The notice shall include details of the necessary drawing or instruction, details of why and by when it should be issued, and the nature and amount of the delay or disruption likely to be suffered if it is late. If the Contractor suffers delay and/or incurs Cost as a result of a failure of the Engineer to issue the notified drawing or instruction within a time which is reasonable and is specified in the notice with supporting details, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:
Employer's Use of Contractor's Documents. The Contractor shall retain the copyright and other intellectual property rights in the Contractor‟s Documents and other design documents made by (or on behalf of) the Contractor. The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor‟s Documents, including making and using modifications of them. This licence shall: (a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works, (b) entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor‟s Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and (c) in the case of Contractor‟s Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor. The Contractor‟s Documents and other design documents made by the Contractor shall not, without the Contractor‟s consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this GCC.
Employer's Use of Contractor's Documents. (a) As be tween t he P arties, the C ontractor shall retain t he c opyright and o ther i ntellectual property rights in the Contractor’s Documents and other design documents made by (or on behalf of) the Contractor.
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Employer's Use of Contractor's Documents. As between the Parties, the Contractor shall retain the ownership, copyright and other intellectual property rights in the Contractor's Documents and other design documents made by (or on behalf of) the Contractor. The Employer agrees that it does not have a right of ownership or other proprietary interest in the Contractor's Documents or in any intellectual property of the Contractor or which the Contractor is licensed to use except as provided for in this Contract. Subject to payment to the Contractor of the Contract Price, the Contractor shall give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor's Documents, including making and using modifications of them, for the purposes permitted under this Sub-Clause. This licence shall:

Related to Employer's Use of Contractor's Documents

  • Conditions to Obligations of Each Party Under This Agreement The respective obligations of the Parent and the Acquiror to consummate the transactions contemplated hereby shall be subject to the satisfaction at or prior to the Closing of the following conditions, any or all of which may be waived by the parties hereto, in whole or in part, to the extent permitted by applicable Law:

  • Death Prior to Commencement of Benefit Payments In the event the Participant should die while actively employed by the Plan Sponsor at any time after the date of this Plan but prior to his Normal Retirement Age, the Plan Sponsor will pay the Accrued Benefit in fifteen (15) equal annual installments to the Participant's Beneficiary. The payments shall commence to be paid on the first day of the second month following the month in which the Participant dies.

  • ASSIGNMENT TERMINATES THIS CONTRACT; AMENDMENTS OF THIS CONTRACT This Contract shall automatically terminate, without the payment of any penalty, in the event of its assignment; and this Contract shall not be amended unless such amendment is approved at a meeting by the affirmative vote of a majority of the outstanding shares of the Fund, and by the vote, cast in person at a meeting called for the purpose of voting on such approval, of a majority of the Trustees of the Trust who are not interested persons of the Trust or of the Manager.

  • General Contract Provisions Any and all Schedules to this Agreement form a part hereof. No amendment, waiver, discharge or release of this Agreement shall be binding or enforceable unless made in writing signed by all of the parties hereto. Time is and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent default. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate and severable herefrom and all other provisions of this Agreement shall remain in full force and effect and be binding upon the parties hereof. The headings set forth in this Agreement are inserted for convenience and reference only and shall in no way define or limit the intent or interpretation of any of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated to the contrary, the word “including” or any other derivation or variation of that word means, as the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the context. This Agreement shall be read and construed with all changes of gender and number of the party or parties referred to in each case as required by the context, and the covenants and agreements of each party shall be deemed to be joint and several where such party is more than one person, firm or corporation. With respect to each party which is a partnership, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership shall be and continue to be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to the extent of the limited liability of any such person that is a limited partner of such partnership.

  • Tenants Selection of Contractors Tenant hereby agrees to the retention by Landlord of Erland Construction, Inc., on behalf of Tenant, for the construction of the Tenant Improvements ("Contractor"). Tenant further agrees that Contractor will be retained on a construction management basis at a fee equal to three and nine-tenths percent (3.9%) of the cost of Tenant Improvements. Contractor shall retain only subcontractors designated by Landlord in connection with any structural, fire sprinkler, or heating, air-conditioning or ventilation work to be performed in the Premises or for any work to be done to the Base Building or the Building Systems.

  • Independent Contractor Benefits It is the express intention of the Company and Consultant that Consultant performs the Services as an independent contractor. Nothing in this Agreement shall in any way be construed to constitute Consultant as an employee or entitling Consultant to any of benefits otherwise provided to employees of the Company. Consultant acknowledges and agrees that Consultant is obligated to report as income all compensation received by Consultant pursuant to this Agreement. Consultant agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income.

  • Death Subsequent to Commencement of Benefit Payments In the event the Executive dies while receiving payments, but prior to receiving all payments due and owing hereunder, the Employer shall pay the Beneficiary the same amounts at the same times as the Employer would have paid the Executive, had the Executive survived.

  • General Contractor A building, construction, or contracting firm with whom Borrower has contracted or may in the future contract with for the construction of the Improvements pursuant to a certain construction contract between them (the "Construction Contract").

  • Release Prior to Payment of Benefits Upon the occurrence of a Change in Control Termination or a Covered Termination, as applicable, and prior to Executive earning any entitlement to any severance or separation benefits under this Agreement on account of such Change in Control Termination or Covered Termination, as applicable, Executive must execute the appropriate Release, and such Release must become effective in accordance with its terms, but in no event later than the Release Deadline Date. No amount shall be paid prior to such date. Instead, on the first regularly-scheduled payroll date occurring on or after the Release Deadline Date, the Company will pay Executive the severance amount that Executive would otherwise have received on or prior to such date but for the delay in payment related to the effectiveness of the Release, with the balance of the severance amount being paid as originally scheduled. The Company may modify the Release in its discretion to comply with changes in applicable law at any time prior to Executive’s execution of such Release. Such Release shall specifically relate to all of Executive’s rights and claims in existence at the time of such execution and shall confirm Executive’s obligations under the Confidentiality Agreement and any similar obligations under applicable law. It is understood that, as specified in the applicable Release, Executive has a certain number of calendar days to consider whether to execute such Release. If Executive does not execute and deliver such Release within the applicable period, no benefits shall be provided or payable under this Agreement, and Executive shall have no further rights, title or interests in or to any severance benefits or payments pursuant to this Agreement. It is further understood that if Executive is age 40 or older at the time of a Change in Control Termination or a Covered Termination, as applicable, Executive may revoke the applicable Release within seven (7) calendar days after its execution by Executive. If Executive revokes such Release within such subsequent seven (7) day period, no benefits shall be provided or payable under this Agreement pursuant to such Change in Control Termination or Covered Termination, as applicable.

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