Common use of Control of Software and Other Proprietary Material Clause in Contracts

Control of Software and Other Proprietary Material. Owner recognizes that the software and other proprietary intellectual software and other intellectual property provided by GEC to Owner as part of the Scope of Work carries with it certain restrictions on use and copying of software and that such software will not be duplicated, used, printed, displayed, modified or disclosed or provided to a third party without the express written authorization of GEC, provided, LIMA/GEC/EPC 68 Confidential Business Information that Owner shall have the right to assign the benefit of such software and other intellectual property and such license to Lender in connection with granting a security interest in the Facility, to a Owner or Utility in connection with a transfer of the Facility, or to any subsequent Owner or assignee of the same. GEC represents and warrants that it has the rights and licenses necessary for it to provide such software and such other intellectual property to Owner as contemplated in this Agreement and grants Owner an irrevocable, non-exclusive and fully paid license for the use of such software in connection with the construction and operation of the Facility. Such license allows Owner only the limited right to use the software as contained herein and shall not convey any title to or ownership in the software to Owner or any Person to whom Owner is permitted to assign its interests therein. Owner agrees to indemnify GEC against any third party claims made against GEC resulting from unauthorized duplication of such software by Owner.

Control of Software and Other Proprietary Material. Owner recognizes that the software and other proprietary intellectual software and other intellectual property provided by GEC Contractor to Owner as part of the Scope of Work carries with it certain restrictions on use and copying of software and that such software will not be duplicated, used, printed, displayed, modified or disclosed or provided to a third party without the express written authorization of GECContractor, provided, LIMA/GEC/EPC 68 Confidential Business Information that Owner shall have the right to assign the benefit of such software and other intellectual property and such license to Lender in connection with granting a security interest in the Facility, to a Owner or Utility in connection with a transfer of the Facility, or to any subsequent Owner or assignee of the same. GEC Contractor represents and warrants that it has the rights and licenses necessary for it to provide such software and such other intellectual property to Owner as contemplated in this Agreement and grants Owner an irrevocable, non-exclusive and fully fully-paid license for the use of such software in connection with the construction and operation of the Facility. Such license allows the Owner only the limited right to use the software as contained herein and shall not convey any title to or ownership in the software to Owner or any Person to whom Owner is permitted to assign its interests therein. Owner agrees to indemnify GEC Contractor against any third party claims made against GEC Contractor resulting from unauthorized duplication of such software by Owner.

Control of Software and Other Proprietary Material. Owner recognizes that the software and other proprietary intellectual software and other intellectual property provided by GEC Contractor to Owner as part of the Scope of Work carries with it certain restrictions on use and copying of software and that such software will not be duplicated, used, printed, displayed, modified or disclosed or provided to a third party without the express written authorization of GECContractor, Stone & Xxxxxxx X Xxxx Group Company provided, LIMA/GEC/EPC 68 Confidential Business Information that Owner shall have the right to assign the benefit of such software and other intellectual property and such license to Lender in connection with granting a security interest in the Facility, to a Owner or Utility in connection with a transfer of the Facility, or to any subsequent Owner or assignee of the same. GEC Contractor represents and warrants that it has the rights and licenses necessary for it to provide such software and such other intellectual property to Owner as contemplated in this Agreement and grants Owner an irrevocable, non-exclusive and fully fully-paid license for the use of such software in connection with the construction and operation of the Facility. Such license allows the Owner only the limited right to use the software as contained herein and shall not convey any title to or ownership in the software to Owner or any Person to whom Owner is permitted to assign its interests therein. Owner agrees to indemnify GEC Contractor against any third party claims made against GEC Contractor resulting from unauthorized duplication of such software by Owner.