Abandonment of ORBCOMM System Sample Clauses

Abandonment of ORBCOMM System. Nothing contained in this Agreement shall prevent the ORBCOMM Entities from ceasing to develop, construct or operate the ORBCOMM System. In the event ORBCOMM or any of the ORBCOMM Entities abandon the ORBCOMM System by ceasing to develop, construct and operate all of the ORBCOMM System, ORBCOMM shall be entitled to terminate this Agreement by giving Licensee 180 days written notice. In such event, to the fullest extent permitted by applicable law, Licensee shall have the right, together with all other persons who may have a similar right and a desire to exercise such right, all of whom shall be obligated to act as a group (the "ORBCOMM System Purchase Group"), to purchase the tangible assets of the ORBCOMM System owned by ORBCOMM Global, ORBCOMM USA, or ORBCOMM and to purchase a non-exclusive, perpetual license to use, solely in connection with the operation of the tangible assets purchased pursuant to this Section 9(d), the intangible assets of the ORBCOMM System, other than any operating or regulatory licenses with respect to the ORBCOMM System, owned by ORBCOMM Global, ORBCOMM USA, or ORBCOMM at their then fair market value, which right shall be exercised by the ORBCOMM System Purchase Group within three months of
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Abandonment of ORBCOMM System. Nothing contained in this Agreement shall prevent the ORBCOMM Entities from ceasing to develop, construct or operate the ORBCOMM System. In the event ORBCOMM or its Affiliates (including any of the ORBCOMM Entities) abandon the ORBCOMM System by ceasing to develop, construct and operate all of the ORBCOMM System, ORBCOMM shall be entitled to terminate this Agreement by giving Licensee 90 days written notice, provided that Licensee shall have the right, together with all other persons who may have a similar right, to purchase the tangible assets of the ORBCOMM System owned by ORBCOMM Global at their then fair market value, which right shall be exercised by Licensee within three months of receipt of written notice from ORBCOMM of abandonment.
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Abandonment of ORBCOMM System. (i) Nothing contained in this Agreement, including any attachments hereto, shall prevent the ORBCOMM Entities from ceasing to develop, construct or operate the ORBCOMM System. In the event ORBCOMM or any of the ORBCOMM Entities abandon the ORBCOMM System by ceasing to develop, construct and operate all of the ORBCOMM System, ORBCOMM shall be entitled to terminate this Agreement by giving Licensee 180 days written notice. In such event, to the fullest extent permitted by applicable law, Licensee shall have the right, together with all other persons who may have a similar right and a desire to exercise such right, all of whom shall be obligated to act as a group (the "ORBCOMM System Purchase Group"), to purchase the tangible assets of the ORBCOMM System owned by ORBCOMM Global, ORBCOMM USA, or ORBCOMM and to purchase a non-exclusive, perpetual license to use, solely in connection with the operation of the tangible assets purchased pursuant to this Section 9(d), the intangible assets of the ORBCOMM System, other than any operating or regulatory licenses with respect to the ORBCOMM System, owned by ORBCOMM Global, ORBCOMM USA, or ORBCOMM at their then fair market value, which right shall be exercised, if at all, by the ORBCOMM System Purchase Group within three months of receipt of written notice from ORBCOMM of abandonment (the "Option Exercise Notice"). The fair market value of the tangible assets and such license for the intangible assets of the ORBCOMM System shall be determined as of the day of abandonment and on the basis of an arms' length transaction between a willing buyer and a willing seller. Any determination of fair market value pursuant to this Section 9(d) shall be final, binding and conclusive on the parties. Fair market value shall be determined as follows: (A) Promptly after delivery of the Option Exercise Notice, ORBCOMM and the ORBCOMM System Purchase Group shall attempt in good faith to agree on the fair market value. If ORBCOMM and the ORBCOMM System Purchase Group agree on a value (regardless of when such agreement is reached, and notwithstanding the pendency of appraisal efforts pursuant to this Section), such value shall be the fair market value; (B) If ORBCOMM and the ORBCOMM System Purchase Group fail to reach such an agreement within one month after the delivery of the Option Exercise Notice, they shall each select an independent appraiser who is one of the "Big Six" United States accounting firms. If either ORBCOMM or the ORBCOMM S...
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Related to Abandonment of ORBCOMM System

  • Abandonment of Premises If the property becomes vacant during the term of this lease, and if at the time of the vacancy Tenant are in default in the payment of any installment of rent, then the rent for the entire term shall become at once due and payable and Landlord may proceed to collect rent for said entire premises, with or without process of law, to take possession thereof, to remove any and all property there from and store as required by law, to lease the premises as agent of Tenant, and to apply the proceeds received from such letting toward the payment of Tenant' rent under this lease; such re-entry and re-letting shall not discharge Tenant from liability for rent, nor from any other obligation under the terms of this lease.

  • Abandonment If the assigned bedroom space or an apartment is abandoned or Resident’s right to use them has been terminated, Owner may, without notice, secure the bedroom space and/or apartment with new locks, store or dispose of any personal property left in the bedroom space or apartment by Resident or Resident's Guests, and re-assign the bedroom space and/or apartment to others for use. Any such abandoned property or personal possessions will be stored and disposed of by Owner as provided by law. Owner, in its sole reasonable discretion in accordance with applicable law, will determine when a bedroom and/or apartment is abandoned, which may take into consideration any one of the following: the removal of personal property from the bedroom space other than in the usual course of continuing use, the failure to pay housing charges or other charges, discontinuance of any utility service, and failure to respond to any notices, phone calls, or correspondence from Owner or its representatives.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Job Abandonment A. If an employee is absent without authorized leave under the provisions of Article 17.1.D for twelve (12) or more consecutive days, the employee shall be considered to have abandoned the position and voluntarily resigned from the University. B. Notwithstanding Article 16.7(A), above, if the employee's absence is for reasons beyond the control of the employee and the employee notifies the University as soon as practicable, the employee will not be considered to have abandoned the position.

  • Abandonment of Property We need not accept any property abandoned by an "insured".

  • Data Use Each party may use Connected Account Data in accordance with this Agreement and the consent (if any) each obtains from each Connected Account. This consent includes, as to Stripe, consent it receives via the Connected Account Agreement.

  • Master Use The Licensor hereby grants to Licensee a non-exclusive license (this "License) to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form ("Master Recording")

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Notice to Proceed - Site Improvements The Recipient shall not commence, or cause to be commenced, any site improvements or other work on the Land until the Director has issued a Notice to Proceed to the Recipient. Such Notice to Proceed will not be issued until the Director is assured that the Recipient has complied with all requirements for the approval of a grant under Revised Code Sections 164.20 through 164.27 and has completed any land acquisition required by the Project. A Notice to Proceed shall be required for all Project prime contractors or direct procurement initiated by the Recipient following execution of this Agreement.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location that could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law;

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