Access Rights for Affiliates. 4.2.2.1 Each Party hereby grants Access Rights to any Affiliate of any other Party as if such Affiliate was a Party, and subject to the condition that such Affiliate shall undertake to grant licences and user rights, on terms identical to Access Rights, to its IPR Needed to Use Foreground, to all Parties and their Affiliates (subject to such Affiliates 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 JU and the other Parties accepted by the Parties under the GA or this APCA as if such Affiliate was a Party. Access Rights granted to any Affiliate are subject to the continuation of the Access Rights of the Party of which it is an Affiliate, and shall automatically terminate upon termination of the Access Rights granted to such Party. Further, if an Affiliate 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. The procedure for the granting of Access Rights to the Parties as set out in Section 4.2.4 shall also apply to Affiliates.
Access Rights for Affiliates. Upon request, each Contractor, Other entity or Member shall grant Access Rights to the Affiliates of the requesting Contractors, Other entities or Members, as if such Affiliates were parties hereto, provided all such Affiliates are bound by all confidentiality and other obligations of the Contractors under the EC Contract and under this Consortium Agreement, including but not limited to confidentiality undertakings as if such Affiliates were parties thereto. A parent company, which is not a Contractor, an Other entity or a Member for the purposes of the EC Contract with the Commission is not eligible to benefit from any Access Rights. Upon cessation of the control of an Affiliate, any Access Rights granted to such Affiliate in respect of Knowledge or Pre-Existing Know-How shall expire, except otherwise agreed between such Affiliate and the Contractor, Other entity or Member concerned and the Project Co-ordination Committee.
Access Rights for Affiliates. (1) Each Party hereby grants Access-rights to all Affiliates of any other Party as if such Affiliates were Parties provided all such Affiliates grant Access-rights to all Parties (and their Affiliates) and (without prejudice to the Parties' obligations to carry out the Project and to provide Deliverables) fulfil all confidentiality and other obligations accepted by the Parties under the Contract or this Consortium Agreement as if such Affiliates were Parties.
(2) Upon cessation of the control of an Affiliate, any Access-rights granted to such Affiliate in respect of Knowledge or Pre-existing Know-how shall end, Access- rights granted by such Affiliate shall continue in full force and effect.
(3) In the case that Knowledge has been incorporated into the products, processes, Software or services of such Affiliate or has been amalgamated with such Affiliate's own information the Affiliate may request a non-exclusive license for the concerned Party's Knowledge under terms and conditions to be agreed upon. The concerned Party may oppose the grant of such license if it were in conflict with the Party's Legitimate Interest.
Access Rights for Affiliates. Each Party hereby grants Access rRights to all Affiliates of any other Party as if such Affiliates were Parties provided all such Affiliates grant Access rRights to all Parties (and their Affiliates) and (without prejudice to the Parties' obligations to carry out the Project and to provide Project Deliverables) fulfill all confidentiality and other obligations accepted by the Parties under the Contract or this Consortium Agreement as if such Affiliates were Parties. Upon cessation of the control of an Affiliate, any Access rRights granted to such Affiliate in respect of Knowledge or Pre-existing Know-how shall lapse, provided however that information that which is Knowledge which has been incorporated into the products, processes, software or services of such Affiliate or which has been amalgamated with such Affiliate's own information may continue to be used (in the manner it was then being used) by such Affiliate, if it is not practical to do otherwise. In such an event, at the request of such Affiliate, each requested Party shall grant to such Affiliate non-exclusive licences under that Party’s intellectual property rights which are Knowledge against terms and conditions to be agreed, provided that no Legitimate Interests of such Party oppose the grant of such licences. Upon such cessation of control, Access rRights granted by such Affiliate shall continue in full force and effect.
Access Rights for Affiliates. Each Party hereby grants Access rights to all Affiliates of the other Parties listed in Exhibit B, as if such Affiliates were parties hereto, provided all such Affiliates fulfil all confidentiality and other obligations of the Parties under the contract and under this Consortium Agreement. Upon the date of cessation of an Affiliate to meet all criteria defined in Article 1 of this Consortium Agreement: • All Access rights granted to such Affiliate in respect of the Knowledge or the Pre- existing know-how shall lapse, provided however that, except as otherwise agreed by the relevant Parties, any Knowledge which has been incorporated into the products or services of said Affiliate or which has been amalgamated with said Affiliate's own information may continue to be used (exclusively in the manner it was used upon such date) by said Affiliate under a non exclusive license agreement to be negotiated with the relevant Party, upon such ex Affiliate's written request, provided however that no legitimate interests of such Party oppose the grant of such licenses. • All Access rights granted by such Affiliate hereunder shall continue in full force and effect.
Access Rights for Affiliates. Each Party hereby grants to each other Party the power to extend the grant of Access Rights to its Affiliates on the same terms and in the same manner as if such Affiliates were Parties. A Party granting Access Rights to an Affiliate warrants that such Affiliates shall have granted Access Rights to all Parties including this same power to extend the grant to Affiliates and that, without prejudice to the Parties' obligations to carry out the Network activities and to provide Network products/ deliverables, such Affiliate has undertaken to fulfill all confidentiality and other obligations accepted by the Parties under the MOU or this as if such Affiliates were Parties.
Access Rights for Affiliates. Upon written request, and subject to the agreement in writing between the relevant Affiliate (s) and the Contractor to whom such request has been submitted, in terms no less protective of the relevant PEKH or Knowledge than those contained in this Consortium Agreement, each Contractor shall grant Access Rights to the Affiliates of the requesting Contractors identified in Annex 1 as if such Affiliates were parties hereto, and provided all such Affiliates are bound by all confidentiality and other obligations of the Contractors under the EC Contract and under this Consortium Agreement, including but not limited to confidentiality undertakings as if such Affiliates were parties thereto. A parent company, which is not a Contractor or Affiliate according to article 1 for the purposes of the EC Contract with the Commission is not eligible to benefit from any Access rights. Upon cessation of the control of an Affiliate any Access rights granted to such Affiliate in respect of Knowledge or Pre-existing Know-How shall lapse, except otherwise agreed between such Affiliate and the Contractor concerned or the Project Steering Committee. However, all or any Access Rights granted by a withdrawing Contractor (in the state existing on the date of withdrawal) to the other Contractors and their Affiliates shall remain in full force and effect, pursuant to the terms set forth in article 26 and 27 of the EC Regulation concerning the Rules for Participation.
Access Rights for Affiliates. Upon request, each Contractor, Other entitOther Entity or Member shall grant Access Rights to the Affiliates of the requesting Contractors, Other entitOther Entities or Members, as if such Affiliates were parties hereto, provided all such Affiliates are bound by all confidentiality and other obligations of the Contractors under the EC Contract and under this Consortium Agreement, including but not limited to confidentiality undertakings as if such Affiliates were parties thereto. A parent company, which is not a Contractor, an Other entitOther Entity or a Member for the purposes of the EC Contract with the Commission is not eligible to benefit from any Access Rights. Upon cessation of the control of an Affiliate, any Access Rights granted to such Affiliate in respect of Knowledge or Pre-Existing Know-How shall expire, except otherwise agreed between such Affiliate and the Contractor, Other entitOther Entity or Member concerned and the Project Co-ordination Committee.
Access Rights for Affiliates. Affiliated Entities as listed in Attachment 3 have Access Rights under the conditions of the Grant Agreement Article II.34.3. Affiliates which obtain Access Rights pursuant to this Article 9.5 in return grant Access Rights to all Parties and, with the exception of the carrying out of work under the Project, fulfil all confidentiality and other obligations accepted by the Parties under the Grant Agreement or this Consortium Agreement as if such Affiliates 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 Affiliates 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 Affiliate, any Access Rights granted to such former Affiliates shall lapse, provided however that the provisions of paragraphs (A) and (B) below will apply with respect to:
(i) any foreground or background to which such entity has been granted Access Rights pursuant to the Grant Agreement and this Consortium Agreement and
(ii) any Party's Confidential Information that has been used by such entity in accordance with the provisions of the Grant Agreement and this Consortium Agreement, and that, at the time of cessation of such entity's Affiliate status, has been: - incorporated into the products, processes or services of such entity ("Products, Processes and Services") or - amalgamated with such entity's own information.
(A) With respect to such Confidential Information: such entity may continue to use the Confidential Information in its Products, Processes and Services in a manner in which the Confidential Information was being used prior to the time of cessation of such entity's Affiliate status.
(B) With respect to such background and foreground other than Confidential Information: at the request of such entity, the Parties shall grant non-exclusive licences to such entity under such background and foreground for use in such entity's Products, Processes and Services on terms and conditions to be agreed, provided that no commercial interest of such Parties opposes the grant of such licences. Upon any legal entity ceasing to be an Affiliate of a Party, the licences or user rights previously granted by such entity to any Party or its Affiliates under or in respect of backgr...
Access Rights for Affiliates. Each Beneficiary hereby grants Access-rights to all Affiliates of any other Beneficiary as if such Affiliates were Beneficiaries provided all such Affiliates grant Access-rights to all Beneficiaries (and their Affiliates) and (without prejudice to the Beneficiaries' obligations to carry out the Project and to provide Project Deliverables) fulfil all confidentiality and other obligations accepted by the Beneficiaries under the Grant Agreement or this Consortium Agreement as if such Affiliates were Beneficiaries. Upon cessation of the control of an Affiliate, any Access-rights granted to such Affiliate in respect of Knowledge or Pre-existing Know-how shall lapse, provided however that information that is Knowledge which has been incorporated into the products, processes, software or services of such Affiliate or which has been amalgamated with such Affiliate's own information may continue to be used (in the manner it was then being used) by such Affiliate, if it is not practical to do otherwise. In such an event, at the request of such Affiliate, each requested Beneficiary shall grant to such Affiliate non-exclusive licences under that Beneficiary’s intellectual property rights which are Knowledge against terms and conditions to be agreed, provided that no Legitimate Interests of such Beneficiary oppose the grant of such licences. Upon such cessation of control, Access-rights granted by such Affiliate shall continue in full force and effect.
