Certain Intellectual Property. Any terms and conditions relating to intellectual property rights set forth in (a) this Supply Agreement, (b) any Accepted POs issued hereunder or (c) the Supplier Terms that are inconsistent with the terms and conditions contained in the Distribution Agreement, shall be subordinate to the terms of the latter.
Certain Intellectual Property. (a) On or prior to the time of the applicable Closing Date, ARCO agrees to convey to Purchaser:
Certain Intellectual Property. 30 4.13.[This section intentionally left blank.]..................30 4.14.
Certain Intellectual Property. As of the Closing, the Company disavows (with the consent of Buyer) any right, title or interest, if any, in and to the products, trade names, trademarks and businesses set forth on Schedule 4.12.
Certain Intellectual Property. Subject to Section 7.1 above, ----------------------------- Edenland and Owner and Holmedco shall retain their rights to all intellectual property rights in its own logos or name and other intellectual property used in the development of the Products and Licensed Processes, except as otherwise provided herein.
Certain Intellectual Property. The Purchaser acknowledges that certain Subscriber Business Intellectual Property may not be identified until after the Closing and therefore will not be physically delivered to the Purchaser until after the Closing. Following the Closing, the Seller shall use reasonable commercial efforts to identify any Subscriber Business Intellectual Property not identified prior to the Closing, and upon the making of such identification shall promptly thereafter transfer physically all such Subscriber Business Intellectual Property.
Certain Intellectual Property relating to Borrower’s Obagi NuDerm System and associated product line is considered by Borrower to be, and is protected as, a trade secret of Borrower under applicable Law (including common law trade secret doctrines, any applicable State’s Uniform Trade Secrets Act and the Economic Espionage Act of 1996; hereinafter, “Trade Secret Information”) and, in all material respects, has been (and at all relevant times will be) maintained in a secure, confidential manner consistent with the requirements of maintaining and preserving its status as a trade secret of Borrower. Borrower represents and warrants that the Trade Secret Information comprising the Obagi Trade Secrets deposited with Comerica Bank (or such other institution mutually agreeable to Agent and Borrower) pursuant to (and as defined in) Section 4.18 hereof (when and as so deposited) is a true, correct and complete (in all material respects) exposition of the Obagi Trade Secrets and, together with such other information publicly available or contained in Borrower’s books and records, is sufficient for purposes of enabling a Person to duplicate, utilize and commercially exploit the Obagi NuDerm System in a manner consistent with the business of Borrower as historically conducted.
Certain Intellectual Property. Any Intellectual Property in respect of Exclusive Products and Exclusive Services shall be governed by the Amended and Restated Intellectual Property Cross License and, notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall narrow, limit or restrict any rights or licenses granted under the Amended and Restated Intellectual Property Cross License. Any terms and conditions relating to Intellectual Property set forth in (a) any Accepted POs issued hereunder or (b) the Supplier Terms that, in either case, are inconsistent with the terms and conditions contained in this Agreement, shall be subordinate to the terms of this Agreement.
Certain Intellectual Property. 19 6.11 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 7. INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7.1 AK Steel and Rouge Indemnity for Assumed Liabilities . . . . . . . . . . . . . . . . . . . . . . . 21 7.2 Indemnification by Newco and Remaining Companies . . . . . . . . . . . . . . . . . . . . . . . . . 21 7.3 Indemnification by Oglebay and ONCO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7.4 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 8.
Certain Intellectual Property. The parties hereto agree that, effective as of the Closing Date, Newco, EXCO, ETCO, ONTAC and the Remaining Companies shall discontinue using, in
