Access Rights for Affiliated Entities. Affiliated Entities have Access Rights under the conditions of the Grant Agreement Articles 25.4 and 31.4., if they are identified in Attachment 4 (Identified Affiliated Entities) to this Consortium Agreement. Such Access Rights must be requested by the Affiliated Entity from the Party that holds the Background or Results. Alternatively, the Party granting the Access Rights may individually agree with the Party requesting the Access Rights to have the Access Rights include the right to sublicense to the latter's Affiliated Entities listed in Attachment 4. Access Rights to Affiliated Entities shall be granted on Fair and Reasonable conditions and upon written bilateral agreement. Affiliated Entities which obtain Access Rights in return fulfil all confidentiality and other obligations accepted by the Parties under the Grant Agreement or this Consortium Agreement as if such Affiliated Entities were Parties. Access Rights may be refused to Affiliated Entities if such granting is contrary to the legitimate interests of the Party which owns the Background or the Results. Access Rights granted to any Affiliated Entity are subject to the continuation of the Access Rights of the Party to which it is affiliated, and shall automatically terminate upon termination of the Access Rights granted to such Party. Upon cessation of the status as an Affiliated Entity, any Access Rights granted to such former Affiliated Entity shall lapse. Further arrangements with Affiliated Entities may be negotiated in separate agreements.
Access Rights for Affiliated Entities. Affiliated Entities have Access Rights under the conditions of the EC-GA Article II.34.
Access Rights for Affiliated Entities. Affiliated Entities have Access Rights under the conditions of the Grant Agreement Articles 25.4 and 31.
Access Rights for Affiliated Entities. [START OF OPTION 1]
9.5.1 Each Party hereby grants Access Rights to Results and Background to any Affiliated Entity of any other Party as if such Affiliated Entity was a Party to this PCA, and subject to the condition that such Affiliated Entity undertakes to grant Access Rights to Background or Results, if it owns any in accordance with Section 8.3.1 , on terms identical to Access Rights granted under this PCA by the Parties hereto, to all Parties and their Affiliated Entities (subject to such Affiliated Entities also having accepted such obligations) and (without prejudice to the Parties' obligations to carry out the Action and to provide Action deliverables) to fulfill all confidentiality and other obligations towards the ECSEL Joint Undertaking and the other Parties accepted by the Parties under the GA or this PCA as if such Affiliated Entity was a Party. Access Rights granted to any Affiliated Entity are subject to the continuation of the Access Rights of the Party of which it is an Affiliated Entity, and shall automatically terminate upon termination of the Access Rights granted to such Party. Further, if an Affiliated Entity fails in any material respect to comply with the undertaking given by it as above, and fails to rectify the non-compliance after being given a reasonable opportunity to do so, all Access Rights granted to it based upon that undertaking shall terminate, without affecting the Access Rights granted by it. .
Access Rights for Affiliated Entities a) Affiliated Entities, listed in Attachment 3 below have Access Rights under the conditions of the EC-GA Article II.34.3.
b) Such Access Rights to Affiliated Entities shall be granted on fair and reasonable conditions and upon written bilateral agreement.
c) Affiliated Entities which obtain Access Rights in return grant Access Rights to all Parties and fulfil all confidentiality and other obligations accepted by the Parties under the EC-GA or this Consortium Agreement as if such Affiliated Entities were Parties.
d) Access Rights may be refused to Affiliate Entities if such granting is contrary to the legitimate interests of the Party which owns the Background or the Foreground.
e) Access Rights granted to any Affiliated Entity are subject to the continuation of the Access Rights of the Party to which it is affiliated and shall automatically terminate upon termination of the Access Rights granted to such Party.
f) Upon cessation of the status as an Affiliated Entity, any Access Rights granted to such former Affiliated Entity shall lapse. Further arrangements with Affiliated Entities may be negotiated in separate agreements.
Access Rights for Affiliated Entities. Each Party shall grant on written request, according to the provisions of Sections 9.2 – 9.4 above, Access Rights to Results and Background to any other Party Affiliated Entity as if such Affiliated Entity were a Party to this Consortium Agreement and the respective Specific Grant Agreement, and subject to the condition that such Affiliated Entity undertakes to grant licenses and user rights, on terms identical to Access Rights granted under this Consortium Agreement, to all Parties and their Affiliated Entities (subject to such Affiliated Entity also having given such undertaking) and (without prejudice to the Parties’ obligations to carry out the Project and to provide Project deliverables) to fulfil all confidentiality and other obligations towards the Commission and the other Parties which were accepted by the Parties under the EU-FPA, the respective Specific Grant Agreement or this Consortium Agreement as if such Affiliated Entity was a Party. Access Rights granted to any Affiliated Entity are subject to the continuation of the Access Rights of the Party of which it is an Affiliated Entity, and shall automatically terminate upon termination of the Access Rights granted to such Party. Further, if an Affiliated Entity fails in any material respect to comply with the undertaking given by it as above, and fails to rectify the non-compliance after being given a reasonable opportunity to do so, all Access Rights granted to it based upon that undertaking shall terminate. For the avoidance of doubt, this Section 9.5 of this Consortium Agreement is intended to confer a benefit on Affiliated Entities of the Parties by affording them the opportunity to obtain Access Rights, but it shall not oblige any Affiliated Entity of any Party to accept the granting of any Access Rights. Upon cessation of the status as an Affiliated Entity, any Access Rights granted to such former Affiliated Entity shall lapse. Further arrangements with Affiliated Entities may be negotiated in separate agreements. For the avoidance of doubt, Access Rights must be requested in writing by the Affiliated Entity from the Party that holds the Background or Results. Alternatively, the Party granting the Access Rights may individually agree with the Party requesting the Access Rights to have the Access Rights include the right to sublicense to the latter’s Affiliated Entities. Access Rights to Affiliated Entities shall be granted upon written bilateral agreement in accordance with this Section a...
Access Rights for Affiliated Entities. Affiliated Entities have Access Rights under the conditions of the EC-GA Article II.34.3. Such Access Rights to Affiliated Entities shall be granted on fair and reasonable con- ditions and upon written bilateral agreement. Affiliated Entities which obtain Access Rights in return grant Access Rights to all Par- ties and fulfil all confidentiality and other obligations accepted by the Parties under the EC-GA or this Consortium Agreement as if such Affiliated Entities were Parties. Access Rights may be refused to Affiliate Entities if such granting is contrary to the legitimate interests of the Party which owns the Background or the Foreground. Access Rights granted to any Affiliated Entity are subject to the continuation of the Access Rights of the Party to which it is affiliated, and shall automatically terminate upon termination of the Access Rights granted to such Party. Upon cessation of the status as an Affiliated Entity, any Access Rights granted to such former Affiliated Entity shall lapse. Further arrangements with Affiliated Entities may be negotiated in separate agree- ments.
Access Rights for Affiliated Entities. Be aware that the wording of the MGA also allows different approaches, e.g. to not foresee access rights for Affiliated Entities.
Access Rights for Affiliated Entities. Each Party hereby agrees to grant Access Rights to all Affiliated Entities to the other Parties as if such Affiliated Entities were parties hereto, provided all such Affiliated Entities fulfil all confidentiality and other obligations of the Parties under the Grant Agreement and under this Consortium Agreement. Upon the date of cessation of an Affiliated Entity to meet all criteria defined in section 1 of this Consortium Agreement, all Access Rights granted to such Affiliated Entity in respect of Foreground or Background shall lapse, provided however, that, except as otherwise agreed by the relevant Parties, any Foreground which has been incorporated into the products or services of said Affiliated Entity or which has been amalgamated with said Affiliated Entity’s own information may continue to be used (exclusively in the manner it was used upon such date) by said Affiliated Entity under a non exclusive license agreement to be negotiated with the relevant Party(ies), upon such ex Affiliated Entity’s written request, provided however that no legitimate interests of such Party(ies) oppose the grant of such licenses. All Access Rights granted by such Affiliated Entity hereunder shall continue in full force and effect.
Access Rights for Affiliated Entities. 9.5.1 Notwithstanding Article II.34.3 of the Grant Agreements, Affiliate Entities shall enjoy Access Rights where the Party requiring Access Rights for its Affiliate Entity can show that it’s Affiliate Entity:
(a) holds the right to use the Foreground owned by the Party it is affiliated to; and
(b) needs Access Rights in order to Use such Foreground; and
(c) is established in a Member State or an Associated Country; and
(d) is listed in [Attachment 3] to this Consortium Agreement.
