Continued Use. In the event a court of competent jurisdiction resolves in a binding judgment that the Documentation, or any part thereof, infringe Intellectual Property of any third party, the Service Provider shall, at its own cost and expense, procure for the Principal the right of continued use of the Documentation, or part thereof infringing Intellectual Property of a third party.
Continued Use. Continued use of facilities by any organization or individual(s) (the “Lessee”) shall be contingent upon following all of the policies, rules and regula- tions as prescribed by the university as well as applicable statutes and case law. Any continued usage agreement for facilities may be terminated for violations of any of the above.
Continued Use. At BlueCat’s sole expense and discretion, in response to any pending or potential infringement claim, BlueCat may: (a) procure for Reseller the right to continue using the Product or applicable portion thereof; (b) modify Product or applicable portion thereof so that it is non- infringing, provided the modified Product performs in substantially the same manner without reasonable degradation of functionality; or (c) terminate this Agreement either entirely or only as it relates to the Product in question or the applicable portion thereof and upon return of the Product in question or the applicable portion thereof or certification of destruction, refund to Reseller the unamortized or unexpensed portion of the purchase price allocated to that portion of the Product, based on a three-year straight line amortization, determined in accordance with BlueCat’s generally accepted accounting principles.
Continued Use. Application for continued use of facilities must be renewed annually.
Continued Use. Notwithstanding anything to the contrary contained in this Clause 12, in the event of termination of this Agreement by reason of any breach by a Party, the other Party shall entitled to continue to use Confidential Information for the purpose of the activities of the JVC and such use of Confidential Information shall not be deemed to be a breach of the confidentiality obligation contained in this Article 12.
Continued Use. The COMPANY’s continued access, operation, or use of any or all of the Facilities shall constitute its acceptance of this Agreement, the Supplemental Terms and Conditions, the Amendments, and other terms and conditions governing the Facilities, including the applicable Fees and requirements that may be imposed by the BANK from time to time.
Continued Use. Until the Termination Date, unless otherwise agreed by Licensor, Licensee agrees to continue to use each of the Trademarks in accordance with applicable trademark laws and the license granted under the provisions of this Agreement.
Continued Use. Upon the assertion of a Claim under Section 18.1(i) deemed valid by Cisco in its sole discretion, such discretion exercised in good faith and following a good faith discussion with Supplier regarding the Claim, Cisco may request, and Supplier shall, at Supplier's sole expense use all diligent commercial efforts to either: (i) obtain a license that allows the continued use, manufacture, import, support, sale and distribution of the Products, or (ii) replace or modify the Products so as to be non-infringing. In the event that Supplier cannot achieve either (i) or (ii) above, or neither are commercially feasible after all diligent efforts have been expended by Supplier, Supplier shall refund to Cisco the price of any affected Products that are, or may reasonably be, subject to an injunction or other order prohibiting their continued use, manufacture, import, support, sale or distribution, and which are returned to Supplier, including the costs for such return. The obligations of Supplier under this Section 18.2 shall be in addition to its obligations of indemnity under this Section 18.
Continued Use. If, at the termination or expiry of the Trial Period, the Pilot Partner wishes to continue using the Software, the Pilot Partner shall enter into a separate licence agreement with WeBill regulating the use of the Software on the terms and conditions therein contained.
Continued Use. In the event a court of competent jurisdiction resolves in a binding judgment that the Documentation and information, or any part thereof, infringe Intellectual Property of any third party, the AsBo shall, at its own cost and expense, procure for the Principal or the respective Implementing Body the right of continued use of the Documentation and information, or part thereof infringing Intellectual Property of a third party.
