Access Conditions. 5.1 The Access Conditions are incorporated in and shall form part of this Agreement.
5.2 Except where the Regulator shall have directed otherwise in the exercise of his powers under the Act or the Access Conditions, Network Rail shall ensure that all operators of trains having permission to use any track comprised in the Network agree to comply with the Access Conditions.
5.3 Each of the parties agrees that for the purpose of the Access Conditions there is no Engineering Strategy applicable to this Agreement and, accordingly, any amendments to the Rules of the Route or Rules of the Plan proposed by Network Rail under Part D of the Access Conditions shall be deemed to be within and consistent with the Engineering Strategy.
Access Conditions. Where the context admits, words and expressions defined in and rules of interpretation set out in the Access Conditions shall apply throughout this Agreement and for the purposes of this Agreement references to the Access Conditions in such words, expressions and rules shall be construed as references to this Agreement.
Access Conditions. To conduct the Feasibility Study and Environmental Studies, Buyer and Buyer’s Designees shall have the right of access to the Property during reasonable business hours and upon twenty-four (24) hours’ advance telephonic notice to Seller. Such access shall be coordinated through Xxxx Xxxxxxxxxxx or Xxxxx Xxxxxxx of Trimont Real Estate Advisors, having an address of 0 Xxxx Xxxxx, #000, Xxxxxx, XX 00000, and Seller may require all such access to be supervised by Seller or Seller’s authorized representatives. All access to the Property shall be subject to the following conditions:
(a) The Due Diligence Investigation shall be conducted in full compliance with each law, zoning restriction, ordinance, rule, regulation or requirement of any governmental or quasi‑governmental agency with jurisdiction over the Property. Buyer and Buyer’s Designees shall make commercially reasonable efforts to accommodate the requests of Seller so as to minimize interference with activities and operations being conducted on the Property by Seller.
(b) Prior to entering the Property to perform its Due Diligence Investigation, Buyer shall provide to Seller a certificate of insurance showing that Buyer maintains in full force and effect a policy of commercial general liability insurance (a) covering the activities of Buyer and Buyer’s Designees in connection with the Due Diligence Investigation, (b) in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence from a carrier reasonably acceptable to Seller, and (c) naming Seller as an additional insured.
(c) All information supplied by Seller in the course of Buyer’s Due Diligence Investigation shall remain the property of Seller. In the event Closing does not occur or this Agreement is terminated for any reason, Buyer shall promptly return to Seller all documents obtained from Seller and Seller’s agents, consultants and contractors, and at Seller’s request, shall deliver copies of all documents prepared by third parties on behalf of Buyer during the Due Diligence Investigation to the extent relating to the Property.
(d) Promptly after any physical inspection of the Property, Buyer at its sole cost shall restore any damage to the Property caused by Buyer or Buyer’s Designees, to the condition that existed immediately prior to the inspection, including, without limitation, patching the surface that was disturbed by testing with material of an equivalent quality and consistency with the surrounding ma...
Access Conditions. Client shall take reasonable precautions to ensure its Invitees secure usernames, passwords, and any other means of gaining access to the Services and Client Data. Client agrees to not require any Invitees to disclose their passwords.
Access Conditions. I grant a non-exclusive, royalty-free licence to the University of Essex acting by its UK Data Archive of Wivenhoe Park, Colchester, CO4 3SQ (the “Data Service Provider”) to hold, make copies of, and provide access to the Data Collection, in accordance with the specified access condition below. In the event of the University of Essex ceasing to be a legal entity, this licence will be transferred to the Economic and Social Research Council (ESRC) or its successors.
Access Conditions. When accessing the SaaS Service, the Client and its personnel must: (a)not impersonate another person or misrepresent authorisation to act on behalf of others or the Supplier;
Access Conditions. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify CALUMO of any unauthorised use of Your passwords or any other breach of security and CALUMO will reset Your password and You must take all other actions that CALUMO reasonably deems necessary to maintain or enhance the security of CALUMO's computing systems and networks and Your access to the Services. As a condition of these Terms, when accessing and using the Services, You must:
i. not attempt to undermine the security or integrity of CALUMO's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
ii. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
iv. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
v. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
Access Conditions. (a) Contractor shall have investigated and satisfied itself as to the suitability and availability of access routes to the Site and the Wairakei Station.
(b) Where Contractor wishes to have other access or intrusion onto or over land adjoining either the Site or the Wairakei Station, then arrangements must be made by Contractor and such access or intrusion will be entirely at Contractor's risk and cost. Contractor shall keep Owner informed in respect of negotiations for any such arrangements and Owner's consent shall be required for any such arrangements (which consent shall not be unreasonably withheld).
Access Conditions. Any entry by Landlord onto the Demised Premises shall be subject to the following additional conditions: (i) Landlord's entry (and any work within the Demised Premises) shall be performed (except to the extent required by emergency circumstances) in a manner so as to minimize any adverse impact on Tenant's business operations; (ii) Landlord shall promptly (i.e., as quickly as possible using all commercially reasonable efforts) repair any damage to the Demised Premises or Tenant's Personal Property caused by its entry or work to Tenant's reasonable satisfaction; and (iii) Landlord shall otherwise use all commercially reasonable efforts to conduct any entry and perform any work in a manner to minimize any adverse impact to the Demised Premises or Tenant's use and enjoyment of the Demised Premises.
Access Conditions. The provision of the Services by SP is subject to the PP complying with the following conditions:
6.2.1 Access to the Services by the PP is limited to the Permitted Users. The PP must not permit any other person to access or use the Services (including any accessing Source Codes). To avoid doubt, the PP must only use the Source Codes for its own internal business purposes and must not on-sell or otherwise provide the Source Codes to any third party.
6.2.2 In accessing the Services, the PP must:
i. not attempt to undermine the security or integrity of SP computing systems or networks or those of any third parties engaged by SP in the provision of the Services
ii. not transmit, or input into the Equipment or the Website, any Data or other material in violation of any law, including material protected by copyright, legally judged to be threatening or obscene, protected by trade secrets, or in relation to which it has not obtained the necessary consent to use it:
iii. comply with any terms of use on the Website as amended from time to time by SP by posting the new terms on that Website; and
iv. comply with all reasonable direction of SP, including, where applicable, undertaking a visual inspection of the Equipment as requested by SP.
