Code Rights Sample Clauses

Code RightsTo exercise any right or remedy available to Lender as a secured party under the Code, as it from time to time is in force and effect, with respect to any portion of the Mortgaged Property or the Intangible Collateral then constituting property subject to the provisions of the Code; or Lender, at its option, may elect to treat the Mortgaged Property or the Intangible Collateral, or any combination, as real property, or an interest therein, for remedial purposes.
Code Rights. The rights, for the Operator and those authorised by it during the Designated Hours save in the case of emergency and in common with the Owner and other persons having the same or similar rights to enter the Property with or without vehicles, plant and equipment (at the Operator's expense and in a good, proper and workmanlike manner) to: Carry out the Installation Works, including the right to install the Apparatus above the present surface of the Property over the relevant Wayleave Route and make good the Property in accordance with the SSRAMS in each case, and afterwards to inspect, maintain, adjust, alter, repair, remove, replace and operate the Apparatus ensuring that on each occasion that the Property is reinstated in accordance with the SSRAMS and otherwise left in a neat and tidy condition; upgrade the Apparatus provided that: any changes as a result of the upgrading to the Apparatus have no adverse impact or no more than a minimal adverse impact on its appearance; and the upgrading imposes no additional burden on the Owner (which includes anything that has an additional adverse effect on the Owner's enjoyment of the Property or that causes additional loss, damage or expense to the Owner; and fell, trim or lop any trees, bushes and other vegetation on the Property which obstruct or interfere with the exercise of the rights in accordance with the SSRAMS, provided that the Operator removes from the Property all timber, wood and vegetation so cut or otherwise deals with it as the Owner directs and leaves the Property properly reinstated in accordance with the SSRAMS and otherwise in a neat and tidy condition; and enter the Property with or without vehicles, plant and equipment to obtain access to any adjoining land over which the Operator has similar rights. Prior to carrying out any Installation Works, the Operator will obtain the approval of the Owner to the SSRAMS for Installation Works at the Property (such approval not to be unreasonably withheld or delayed) provided that where any part of the Property is subject to Third Party Rights, the Operator must also obtain the approval of the party having the benefit of such rights. The Operator will not carry out any Installation Works nor install any Apparatus at on or to the Property prior to obtaining such approval(s). The Operator will carry out the Installation Works in accordance with the SSRAMS approved by the Owner in accordance with paragraph 1 above, in a proper and workmanlike manner taking al...
Code RightsTo exercise any right or remedy available to Bank as a secured party under the Uniform Commercial Code as adopted by the State of Florida, as it from time to time is in force and effect, with respect to any portion of the Collateral then constituting property subject to the provisions of such Code; or Bank, at its option, may elect to treat the Collateral as real property, or an interest therein, for remedial purposes.
Code RightsTo exercise any right or remedy available to Mortgagee as a secured party under the Uniform Commercial Code, with respect to any portion of the Collateral then constituting property subject to the provisions of such Code; or Mortgagee, at its option, may elect to treat the Collateral as real property, or an interest therein, for remedial purposes.
Code RightsTo exercise any right or remedy available to Mortgagee as a secured party under the Uniform Commercial Code as adopted by the State of Florida, as it from time to time is in force and effect, with respect to any portion of the Collateral then constituting property subject to the provisions of such Code; or Mortgagee, at its option, may elect to treat the Collateral as real property, or an interest therein, for remedial purposes.
Code Rights. The Shareholders shall have the right to exercise all remedial rights against the Buyer and with respect to the either or both of the Debt Instrument(s) and the Company Common Stock as are accorded to a creditor and secured party under the provisions of the Code and other applicable law, but subject to the rights of Smithfield under its senior security interest with respect to the Company Common Stock and subject to the commitment of the Shareholders in the Intercreditor Agreement to first seek recourse for the Event of Default through the proceeds of the Debt Instrument(s) and only thereafter through the Company Common Stock in accordance with the provisions of the Intercreditor Agreement. If the Shareholders elect to exercise their remedial rights under this Section, then, in addition to any other actions that may be permitted under the Code (as limited by the Intercreditor Agreement), the Shareholders may deliver written notice to the Buyer and Escrow Agent identifying the Event of Default, affirming that such Event of Default has not been remedied as permitted and required under this Security Agreement and demanding a release to the Shareholders of the Debt Instruments then held by the Escrow Agent under the Escrow Agreement (a “Demand Notice”). Unless the Buyer, within twenty (20) days after the date of delivery of the Demand Notice, delivers its written notice to the Shareholders and the Escrow Agent stating that no Event of Default exists under this Security Agreement, detailing specifically the basis for that statement and objecting to the release of the Debt Instruments to the Shareholders (an “Objection Notice”), then the Escrow Agent shall within thirty (30) days after the date of delivery of the Demand Notice release to the Shareholders the original copies of the certificates or other documents evidencing the Debt Instruments then held under the Escrow Agreement. If the Buyer delivers an Objection Notice within such period, then the Escrow Agent shall refrain from the release of the Debt Instruments to the Shareholders unless and until directed to do so by a written directive signed by the Buyer and the Shareholders or the Order of a court of competent jurisdiction. If and at such time as the original copies of the certificates or other documents evidencing the Debt Instruments are released to the Shareholders, the Shareholder shall promptly liquidate those Debt Instruments in a commercially reasonable manner to the extent required to pay any p...
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Related to Code Rights

  • Use Rights The Use Rights in effect when Customer orders Software will apply to Customer’s use of the version of the Software that is current at the time. For future versions and new Software, the Use Rights in effect when those versions and Software are first released will apply. Changes Microsoft makes to the Use Rights for a particular version will not apply unless Customer chooses to have those changes apply.

  • Carriage Rights a) The parties to settlement discussions shall be the central parties. The Crown may participate in settlement discussions.

  • License Rights The Recipient must provide a license to its “subject data” to the Federal Government, which license is: (a) Royalty-free, (b) Non-exclusive, and (c) Irrevocable, (2) Uses. The Federal Government’s license must permit the Federal Government to take the following actions provided those actions are taken for Federal Government purposes: (a) Reproduce the subject data, (b) Publish the subject data, (c) Otherwise use the subject data, and (d) Permit other entities or individuals to use the subject data, and

  • Veto rights 6.3.4.1 A Member which can show that its own work, time for performance, costs, liabilities, intellectual property rights or other legitimate interests would be severely affected by a decision of the Steering Committee may exercise a veto with respect to the corresponding decision or relevant part of the decision. 6.3.4.2 When the decision is foreseen on the original agenda, a Member may veto such a decision during the meeting only. 6.3.4.3 When a decision has been taken on a new item added to the agenda before or during the meeting, a Member may veto such decision during the meeting and within 15 days after the draft minutes of the meeting are sent. 6.3.4.4 In case of exercise of veto, the Members shall make every effort to resolve the matter which occasioned the veto to the general satisfaction of all Members. 6.3.4.5 A Party may not veto decisions relating to its identification as a Defaulting Party. The Defaulting Party may not veto decisions relating to its participation and termination in the Partnership or the consequences of them. 6.3.4.6 A Party requesting to leave the Partnership may not veto decisions relating thereto.

  • Sublicense Rights Subject to the terms and conditions of this Agreement, Astellas shall have the right to grant sublicenses of the rights granted to it under Section 3.1.1 and 2.5.3(c) through multiple tiers to its Affiliates, provided that Astellas shall be and remain responsible for performance of all its obligations under this Agreement, and any action by an Affiliate shall be deemed an action by Astellas for which it is responsible. Astellas and its Affiliates may grant sublicenses through multiple tiers to Third Parties (a) whose primary business is contract manufacturing, solely for manufacturing and supplying Licensed Compound or Product to Astellas or any Related Party or (b) to a subcontractor to perform Astellas’s assigned responsibilities under this Agreement or any Research Plan, Development Plan or Co-Promotion Plan. All other sublicenses to be granted by Astellas or any Astellas Affiliate in the Joint Development Territory prior to […***…] will require prior written approval from Ambit, which shall not be unreasonably withheld or delayed, provided that in the event such sublicense is to all of Astellas’s rights in the U.S. or the Joint Development Territory to a Person who is not an Astellas Affiliate such approval shall be at Ambit’s sole discretion. In the case of sublicenses pursuant to the immediately preceding sentence above, Astellas shall provide to Ambit, upon Ambit’ written request, a copy of all executed agreements in which rights granted by Ambit under this Agreement are sublicensed (and Astellas shall have the right to make reasonable redactions prior to providing such agreements(s)). Ambit shall treat all such sublicense agreements as Astellas’s Confidential Information. Astellas or its Affiliates may grant sublicenses (i) in the Joint Development Territory at any time after the first NDA Submission in the Joint Development Territory, provided that, with respect to each applicable Product in the U.S., the Required Exercise Date has occurred and Ambit has not exercised the Co-Promotion Option or the Co-Promotion Term has expired or terminated and (ii) outside the Joint Development Territory, in each case ((i) and (ii)) through multiple tiers of Sublicensees without Ambit’s approval. Each sublicense granted by Astellas pursuant to this Section 3.1.2 shall be subject and subordinate to the terms and conditions of this Agreement. Any sublicense granted by Astellas shall impose on the Sublicensee obligations consistent with the terms and conditions of this Agreement, with each Sublicensee being required to comply with the obligations under this Agreement applicable to Sublicensees, and also to comply with the generally-applicable obligations of this Agreement that are appropriate for application to Sublicensees. Astellas shall ensure that all Persons to which it (or its Affiliate) grants sublicenses comply with all applicable terms and conditions of this Agreement, and Astellas shall be responsible for any failure of any such Sublicensee to comply with such terms or conditions, with the further understanding that any action or omission by any such Sublicensee that, if committed by Astellas would be a breach of this Agreement (with respect to those country(ies)) in which such Sublicensee is sublicensed), will be deemed a breach by Astellas of this Agreement (with respect to those country(ies) in which such Sublicensee is sublicensed) for which Astellas is responsible. Without limiting the foregoing, no sublicense shall modify Ambit’s rights or obligations under this Agreement (including Ambit’s Co-Promotion rights). Without limiting the foregoing, any sublicense agreement shall contain the following provisions, as applicable: (i) a requirement that such Sublicensee submit applicable Net Sales or other reports consistent with those required hereunder; (ii) audit requirements similar to those set forth in this Agreement; and (iii) a requirement that such Sublicensee comply with the confidentiality provisions of Article 6 with respect to Ambit’s Confidential Information.

  • User Rights Under the Creative Commons Attribution-NonCommercial-NoDerivs license, the author(s) and users are free to share (copy, distribute and transmit the contribution) under the following conditions: 1. they must attribute the contribution in the manner specified by the author or licensor, 2. they may not use this contribution for commercial purposes, 3. they may not alter, transform, or build upon this work.

  • Usage Rights 3.1 The Licensee, subject to clause 6 below, may: 3.1.1 Make such temporary local electronic copies by means of cacheing of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Authorized Users and not to make available to Authorized Users duplicate copies of the Licensed Material. 3.1.2 Allow Authorized Users to have access to the Licensed Materials from the Server via the Secure Network.

  • EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any “term or condition of employment” not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union.

  • Intangible Rights Set forth on Schedule 4.14 is a list and description of all material foreign and domestic patents, patent rights, trademarks, service marks, trade names, brands and copyrights (whether or not registered and, if applicable, including pending applications for registration) owned, Used, licensed or controlled by the Company and all goodwill associated therewith. The Company owns or has the right to use and shall as of the Closing Date own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are necessary or customarily Used by the Company for the ownership, management or operation of its Properties (“Intangible Rights”) including, but not limited to, the Intangible Rights listed on Schedule 4.14. Except as set forth on Schedule 4.14, (i) the Company is the sole and exclusive owner of all right, title and interest in and to all of the Intangible Rights, and has the exclusive right to use and license the same, free and clear of any claim or conflict with the Intangible Rights of others; (ii) no royalties, honorariums or fees are payable by the Company to any person by reason of the ownership or use of any of the Intangible Rights; (iii) there have been no claims made against the Company asserting the invalidity, abuse, misuse, or unenforceability of any of the Intangible Rights and to the Knowledge of the Company no grounds for any such claims exist; (iv) the Company has not made any claim of any violation or infringement by others of any of its Intangible Rights or interests therein and, to the Knowledge of the Company, no grounds for any such claims exist; (v) the Company has not received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and neither the use of the Intangible Rights nor the operation of the Company’s businesses is infringing or has infringed upon any intellectual property rights of others; (vi) the Intangible Rights are sufficient and include all intellectual property rights necessary for the Company to lawfully conduct its business as presently being conducted; (vii) no interest in any of the Company’s Intangible Rights has been assigned, transferred, licensed or sublicensed by the Company to any person other than the Buyer pursuant to this Agreement; (viii) to the extent that any item constituting part of the Intangible Rights has been registered with, filed in or issued by, any Governmental Authority, such registrations, filings or issuances are listed on Schedule 4.14 and were duly made and remain in full force and effect; (ix) to the Knowledge of the Company, there has not been any act or failure to act by the Company or any of its directors, officers, employees, attorneys or agents during the prosecution or registration of, or any other proceeding relating to, any of the Intangible Rights or of any other fact which could render invalid or unenforceable, or negate the right to issuance of any of the Intangible Rights; (x) to the extent any of the Intangible Rights constitutes proprietary or confidential information, the Company has adequately safeguarded such information from disclosure; and (xi) all of the Company’s current Intangible Rights will remain in full force and effect following the Closing without alteration or impairment.

  • Our Rights You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.

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