BRAND OR TRADE NAMES Sample Clauses

BRAND OR TRADE NAMES. Pursuant to California Public Contract Code section 3400, the contract does not require the Contractor to supply specific brand or trade name material, product, or services,, except for services by the Contractor or by subcontractors listed pursuant to California Public Contract Code sections 4100 et seq. Whenever an item is specified by brand, trade name, or specific entity, the item shall be deemed to be followed by the term “or equal” unless the specifications provide that use of the item listed is necessary, in the public interest or to match other similar items already used or to be used.
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BRAND OR TRADE NAMES. When a brand name or names are listed, it or they shall be construed to be followed by the words “or approved equal” whether or not those words in fact follow the brand name or names in the specifications. Any product meeting this specified standards in the District’s judgment will quality as a substitute for the specified work. In the case that an item listed in the specification is specified by only one brand name or trade name, the District’s research has indicated that the item has a unique or novel product application. Where District is aware of two or more equal products, at least two trade names will be listed. Exact compliance with specified brand or trade name products is required unless an amendment is issued. All requests to substitute must be in writing directed to the District’s Director of Facilities. Contractor must supply the brand name, model number and other information to substantiate that the substitute item is equal to the item specified. District retains the right, in its sole discretion, to approve the item required for substitution as “an equal” or to determine that the item is not equal to the item specified, or to request further substantiating information.
Sample 1Sample 2
BRAND OR TRADE NAMES. 9.4.1 Unless Owner has made a finding under Public Contract Code Section 3400(c), whenever the Contract Documents specify any materials, products, things, or services by brand, trade, or proprietary name, by patent, or by manufacturer, such specifications shall be deemed to be a measure of quality and utility or a standard and shall be deemed to be followed by the words “or equal”. 9.4.2 If D-BE desires to use any other brand or manufacturer of equal quality, performance, and utility to that specified, it shall apply to Owner in writing within 15 days after the approval of the related GMP. D-BE shall submit to Owner 6 copies of each application for an “or equal” determination. D-BE’s application shall include all information required for Owner to evaluate the substitute items, including but not limited to shop drawings, product data, and certified test results. 9.4.3 D-BE shall have the item tested as required by Owner to determine that the quality, strength, performance, physical, chemical, or other characteristics including but not limited to durability, finish, efficiency, dimensions, service, suitability, and compatibility with Owner’s operations are such that the item will be equal in quality and utility to the item specified. D-BE’S written application constitutes its representation that: 9.4.3.1 D-BE has investigated the proposed item and determined that it meets or exceeds in all respects the quality, performance, and utility of the specified item. 9.4.3.2 D-BE will provide the same warranty as for the specified item. 9.4.3.3 D-BE will coordinate installation and make such modifications, which may be required for the work to be complete in all respects, with no addition to the Contract Time or the Contract Price. 9.4.3.4 D-BE waives all claims for reimbursement for additional costs which may subsequently become apparent by reason of the acceptance and use of such “or equal” materials, equipment, products, processes, or articles. 9.4.4 Owner will then determine, in its sole discretion, whether or not the proposed materials, products, things, or services are equal in quality, performance, and utility to those specified, and its decision shall be final and binding. D-BE shall not use or install any materials, products, things, or services proposed as “or equal” without Owner’s prior approval. D-BE shall remain solely responsible for the suitability of such proposed material, products, things, or services notwithstanding any determination by Owner. D-B...
Sample 1
BRAND OR TRADE NAMES. Attention of the Contractor is directed to the Government Code, which must be complied with as to brand or trade name products. Whenever in the specifications brand or trade name products are specified in writing, the words ‘or approved equal’ are to be assumed included. Exact compliance with specified brand or trade name products is required unless the District issues a written amendment. All requests to substitute must be in writing directed to the District’s applicable representative. Contractor must provide for District’s approval, the brand name, model number (including drawings and specifications) or other relative information on any proposed product or equipment to be supplied by the Contractor.
Sample 1

Related to BRAND OR TRADE NAMES

  • Trade Names No party shall use any other party's names, logos, trademarks or service marks, whether registered or unregistered, without the prior written consent of such other party, or after written consent therefor has been revoked. The Company shall not use in advertising, publicity or otherwise the name of the Trust, Distributor, or any of their affiliates nor any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Trust, Distributor, or their affiliates without the prior written consent of the Trust or the Distributor in each instance.

  • Trade Name “Capital One Auto Receivables, LLC” is the only trade name under which the Seller is currently operating its business. For the six (6) years (or such shorter period of time during which the Seller was in existence) preceding the date hereof, the Seller operated its business under the trade name “Capital One Auto Receivables, LLC”. “Capital One Auto Receivables, LLC” is the name of the Seller indicated on the public record of the Seller’s jurisdiction of organization which shows the Seller to have been organized.

  • BRAND NAMES 8.1 Wherever in the specifications or bid that brand names, manufacturer, trade name, or catalog numbers are specified, it is for the purpose of establishing a grade or quality of material only; and the term "or equal" is deemed to follow. 8.2 It is the Bidder's responsibility to identify any alternate items offered in the bid, and prove to the satisfaction of the Owners that said item is equal to, or better than, the product specified. 8.3 Bids for alternate items shall be stated in the appropriate space on the e-bid form, or if the proposal form does not contain blanks for alternates, Bidder MUST attach to its bid document on Company letterhead a statement identifying the manufacturer and brand name of each proposed alternate, plus a complete description of the alternate items including illustrations, performance test data and any other information necessary for an evaluation. 8.4 The Bidder must indicate any variances by item number from the specification document no matter how slight. 8.5 If variations are not stated in the bid, it will be assumed that the item being bid fully complies with the Owners’ bidding documents.

  • Trade Names and Trademarks No Issuer Entity may use any company name, trade name, trademark or service xxxx or logo of Ameriprise or any person or entity controlling, controlled by, or under common control with Ameriprise without Ameriprise’s prior written consent.

  • Trademarks and Trade Names Except as specifically set out in this Agreement, nothing in this Agreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks, service marks, or trade names of the other for any purpose whatsoever.

  • Business Names Other than its full corporate name, Borrower has not conducted business using any trade names or fictitious business names except as shown on the Supplement.

  • Domain Names Licensee represents that it does not own any Internet domain names containing Citi Marks.

  • Corporate Names (a) Except as otherwise specifically provided in any Ancillary Agreement: (i) on or after the Distribution Date, the Corporation shall change its name to Arbitron Inc.; (ii) as soon as reasonably practicable after the Distribution Date but in any event within six months thereafter, the Corporation will, at its own expense, remove (or, if necessary, on an interim basis, cover up) any and all exterior signs and other identifiers located on any of its property or premises or on the property or premises used by it or its Subsidiaries (except property or premises to be shared with New Ceridian or its Subsidiaries after the Distribution) which refer or pertain to New Ceridian or which include the "Ceridian" name, logo or other trademark or other intellectual property utilizing "Ceridian;" (iii) as soon as reasonably practicable after the Distribution Date but in any event within six months thereafter, the Corporation will, and will cause its Subsidiaries to, remove from all letterhead, envelopes, invoices and other communications media of any kind, all references to "Ceridian," including the "Ceridian" name, logo and any other trademark or other intellectual property utilizing "Ceridian" (except that the Corporation shall not be required to take any such action with respect to materials in the possession of customers), and neither the Corporation nor its Subsidiaries shall use or display the "Ceridian" name, logo or other trademarks or intellectual property utilizing "Ceridian" without the prior written consent of New Ceridian; (iv) as soon as reasonably practicable after the Distribution Date, but in any event within six months thereafter, the Corporation will cause its Subsidiaries to change their corporate names to the extent necessary to remove and eliminate any reference to "Ceridian," including the "Ceridian" name; provided, however, that notwithstanding the foregoing requirements of this Section 2.14(a), if the Corporation has exercised good faith efforts to comply with this clause (iv) but is unable, due to regulatory or other circumstance beyond its control, to effect a corporate name change in compliance with applicable law, then the Corporation or its Subsidiary will not be deemed to be in breach hereof if it continues to exercise good faith efforts to effectuate such name change and does effectuate such name change within nine months after the Distribution Date, and, in such circumstances, such party may continue to include in exterior signs and other identifiers and in letterhead, envelopes, invoices and other communications references to the name which includes references to "Ceridian," but only to the extent necessary to identify such party and only until such party's corporate name can be changed to remove and eliminate such references; and (v) notwithstanding the foregoing clauses (i) through (iv), nothing herein or in any Ancillary Agreement shall require the Corporation to take any action to remove any reference to Ceridian, including the "Ceridian" name, from any stock certificate relating to shares of Ceridian Common Stock outstanding on or prior to the Effective Time; provided that from and after the Effective Time, any newly issued stock certificates representing Ceridian Common Stock (which at the Effective Time will become common stock of Arbitron Inc.) shall not have any reference to Ceridian, including the "Ceridian" name. (b) Except as otherwise specifically provided in any Ancillary Agreement: (i) as soon as reasonably practicable after the Distribution Date but in any event within six months thereafter, New Ceridian will, at its own expense, remove (or, if necessary, on an interim basis, cover up) any and all exterior signs and other identifiers located on any of their respective property or premises owned or used by them or their respective Subsidiaries (except property or premises to be shared with the Corporation or its Subsidiaries after the Distribution) which refer or pertain to the Media Information Business or "Arbitron" name logo or other trademark or other Media Information intellectual property; (ii) as soon as reasonably practicable after the Distribution Date but in any event within six months thereafter, New Ceridian will, and will cause its respective Subsidiaries to, remove from all letterhead, envelopes, invoices and other communications media of any kind, all references to the "Arbitron" name, logo and any other trademark or other Media Information intellectual property (except that New Ceridian shall not be required to take any such action with respect to materials in the possession of customers), and neither New Ceridian nor any of its Subsidiaries shall use or display the "Arbitron" name, logo or other trademarks or Media Information intellectual property without the prior written consent of the Corporation; and (iii) as soon as reasonably practicable after the Distribution Date but in any event within six months thereafter, New Ceridian will, and will cause its Subsidiaries to, change their corporate names to the extent necessary to remove and eliminate any reference to the "Arbitron" name; provided, however, that notwithstanding the foregoing requirements of this Section 2.14(b), if New Ceridian has exercised good faith efforts to comply with this clause (iii) but is unable, due to regulatory or other circumstance beyond its control, to effect a corporate name change in compliance with applicable law, then New Ceridian or its Subsidiary will not be deemed to be in breach hereof if it continues to exercise good faith efforts to effectuate such name change and does effectuate such name change within nine months after the Distribution Date, and, in such circumstances, such party may continue to include in exterior signs and other identifiers and in letterhead, envelopes, invoices and other communications references to the name which includes references to Arbitron but only to the extent necessary to identify such party and only until such party's corporate name can be changed to remove and eliminate such references.

  • Name; Trade Names and Styles The name of Borrower set forth in the heading to this Agreement is its correct name. Listed on the Schedule are all prior names of Borrower and all of Borrower's present and prior trade names. Borrower shall give Silicon 30 days' prior written notice before changing its name or doing business under any other name. Borrower has complied, and will in the future comply, with all laws relating to the conduct of business under a fictitious business name.

  • Trademarks, Franchises, and Licenses The Borrower and its Subsidiaries own, possess, or have the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, know how, and confidential commercial and proprietary information to conduct their businesses as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person.

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