Contractor Material. All representations and statements provided about Contractor are true, complete and accurate. Contractor agrees to indemnify, hold harmless, and defend Contractee, its officers, directors, agents, consultants and employees at Contractor's expense for any proceeding or suit which may arise out of any inaccuracy or incompleteness of any such material or written information supplied to Contractee; and
Contractor Material. All material provided to the Consultant by the Contractor, including documents provided in accordance with clause 6 and any other documents, equipment, machinery and data (stored by any means). The environmental management plan specified in the Subcontract Particulars, as updated in accordance with the Managing Contractor Contract. The ESD and WOL plan specified in the Subcontract Particulars, as updated in accordance with the Managing Contractor Contract.
Contractor Material. The Contractor Material will remain the property of the Contractor. The Contractor must inform the Consultant of any Contractor Material in which third parties hold the copyright and of any conditions attaching to the use of that material because of that copyright. The Consultant may use that material only in accordance with those conditions. Without limiting clause 18 and if clause 19 applies, clause 19 the Consultant will be responsible for the protection, maintenance and return of the Contractor Material in its possession. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract or between the Subcontract and any Design Documentation or any other Project Document: subject to paragraphs (b) and (c), the order of precedence specified in the Subcontract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Brief and any other requirement of the Subcontract (including any other requirement of the Brief), the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; where the ambiguity, discrepancy or inconsistency is between the Subcontract and any part of the Design Documentation or any other Project Document, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Subcontract will prevail; and irrespective of whether paragraphs (a) to (c) apply, if it is discovered by: the Consultant, then the Consultant must promptly give the Contractor's Representative notice in writing. After receipt of a notice from the Consultant, the Contractor's Representative must within 14 days of receipt of the notice, instruct the Consultant as to the course it must adopt; or the Contractor, the Contractor’s Representative must promptly give the Consultant notice in writing together with an instruction as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above.
Contractor Material. [##Describe material being supplied by the Contractor or “Nil”]
Contractor Material. All material provided to the Consultant by the Contractor, including documents provided in accordance with clause 6 and any other documents, equipment, machinery and data (stored by any means). The environmental management plan specified in the Subcontract Particulars, amended as approved under the Nominated Contractor Contract.
Contractor Material i. Contractor retains all right, title and interest in and to all information, materials, or property (including all trade secrets, copyrights, trademarks, patents and other intellectual and proprietary rights) (collectively, “Contractor Materials”) that (i) Contractor had created, developed or acquired before entering into this Agreement, (ii) Contractor uses in performing its obligations under this Agreement, (iii) Contractor develops subsequent to the date of this Agreement independent of IEDC’s contributions or not paid for by IEDC, or that (iv) are not derivatives of or modifications of anything provided to Contractor by IEDC.
ii. To the extent any Contractor Materials are necessarily required for the proper functioning of any Works (such that the Works will not function without the Contractor Materials) or are embedded into the Deliverables, Contractor grants to IEDC a perpetual, non-exclusive, non-transferable, royalty free, license to use such Contractor Materials solely in conjunction with its anticipated use of such Deliverables.
Contractor Material. The Contractor Material will remain the property of the Contractor. The Contractor must inform the Consultant of any Contractor Material in which third parties hold the copyright and of any conditions attaching to the use of that material because of that copyright. The Consultant may use that material only in accordance with those conditions. The Consultant will be responsible for the protection, maintenance and return of the Contractor Material in its possession. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract or between the Subcontract and any Design Documentation or any other Project Documents: the order of precedence in the Subcontract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Subcontract and any part of the Design Documentation or any other Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Subcontract will prevail; if it is discovered by the Consultant or the Contractor's Representative, then the party discovering it must promptly give notice to the other; and the Contractor's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).
Contractor Material.
(a) Unless otherwise agreed between the Parties in writing under this Agreement, but notwithstanding any other provision of this Agreement, the Contractor will at all times own and retain all rights, title and interest (including Intellectual Property Rights) in and to all Contractor Material (including Modifications of or to it) regardless of whether created before or during this Agreement.
(b) Without limiting clause 15.1 but subject to clause 15.4, the Contractor grants to AHA:
(i) an irrevocable, perpetual, royalty free, non-exclusive (including a right to sublicense to Health and Other Contractors) world-wide licence to access and use, and permit End Users using the Solution including the System to access and use; and
(ii) a licence to copy and reproduce, all Contractor Material (including Modifications to Contractor Material) solely in connection with Health's business and operations and to the extent necessary or desirable to receive and enjoy the benefit of the Subcontracted Services.
(c) The licence granted by the Contractor to AHA under clause 15.3(b) will take effect from the date on which Contractor Material is first used by the Contractor to perform the Subcontracted Services without the need for the Parties to effect any further Documentation. However, the Contractor agrees to execute any additional Documentation in a form reasonably required by AHA necessary to give full effect to such licence upon AHA’s written request from time to time.
Contractor Material. Approvals; the documents which the Consultant is obliged to maintain under clause 10.15 or clause 10A.10 (as the case may be); and without limiting paragraphs (a) - (d), any other material produced or provided, or required to be provided, to the Contractor or the Contractor's Representative under, for the purposes of or in connection with the Subcontract, the Services or the Project by, for or on behalf of the Consultant (including by subconsultants), including any material relating to the Consultant's compliance with the WHS Legislation.
Contractor Material. The Contractor Material will remain the property of the Contractor. The Contractor must inform the Consultant of any Contractor Material in which third parties hold the copyright and of any conditions attaching to the use of that material because of that copyright. The Consultant may use that material only in accordance with those conditions. Without limiting clause 15 and if clause 16 applies, clause 16 the Consultant will be responsible for the protection, maintenance and return of the Contractor Material in its possession.
