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COPIES IN ITS POSSESSION Sample Clauses

COPIES IN ITS POSSESSION. Notwithstanding the allocation of ownership in this Article II, each party has the right to retain copies of any Technology that it has in its possession as of the Separation Date.
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COPIES IN ITS POSSESSION. Notwithstanding the allocation of ownership in this Article II, each party has the right to retain copies of any ICBD Technology that it has in its possession as of the Separation Date.
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COPIES IN ITS POSSESSION. 6 ARTICLE III
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COPIES IN ITS POSSESSION. (a) Notwithstanding the assignment of ownership in this Article II, Seller shall have the right to retain copies of all materials and other tangible items reflecting, incorporating, embodying or describing any Purchaser Technology that it may have in its possession as of the Closing Date, and Purchaser shall have the right to retain copies of all materials and other tangible items reflecting, incorporating, embodying or describing any Seller Technology that it may have in its possession as of the Closing Date. By agreeing to the retention of such copies, the parties do not agree that either party shall have any right to use the Purchaser Technology or the Seller Technology, as the case may be, in a manner inconsistent with the Asset Purchase Agreement, this Agreement, or any other agreement executed concurrently therewith. (b) If, at any time prior to two years after the Closing Date, Purchaser becomes aware of the existence of certain documents or other tangible materials that are not in its possession but are or are likely to be in the possession of Seller that Purchaser requires in order to make effective use of the Purchaser Technology to be assigned to Purchaser pursuant to the Asset Purchase Agreement and this Agreement, Purchaser may make a request therefor to Seller; whereupon Seller shall conduct a reasonable search therefor and advise Purchaser as to whether or not Seller is in possession of such documents or tangible materials. If Seller is not in possession of such documents or tangible materials, it shall have no further obligation to Purchaser with respect thereto. If Seller is in such possession, it shall provide Purchaser or its designees, at Purchaser's expense, with access to such documents or tangible materials under such reasonable terms and conditions as the parties may agree. Nothing in this provision, however, shall create any obligation on the part of Seller to preserve, keep or maintain in any particular order or condition any documents or other tangible materials for any period of time after the Closing Date.
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Related to COPIES IN ITS POSSESSION

  • NO VACANT POSSESSION 14.1 The Purchaser shall upon full payment of the Balance Purchase Price together with all interest on late payment (if any) be entitled at his own costs and expenses to take possessions of the Property. 14.2 The Bank shall not be under any obligation whatsoever to deliver vacant possession of the Property or to forward to the Purchaser or any party any keys to the Property. 14.3 The Property is sold subject to all existing easements, leases, tenancies, occupiers, charges, caveats, previous Sale and Purchase, previous assignment, covenants, liabilities subsisting thereon or thereover and the Purchaser shall be deemed to have full knowledge of the state and condition of the Property.

  • Accessories, Spare Parts and Tools Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

  • Term and Possession (a) The term of this Lease (the “Term”) shall commence on May 1, 2007 (the “Commencement Date”) and, unless sooner terminated pursuant to the express provisions of this Lease, shall expire on the Expiration Date (as defined below). The “Expiration Date” shall be the day which is one day prior to the third anniversary of the Commencement Date, unless the Lease is sooner terminated pursuant to the express provisions of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Scheduled Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant with all of Landlord’s Work (as such term is defined in Section 2(b) below) substantially complete on or before May 1, 2007 (as extended day-for-day for each day of Tenant Delay or Force Majeure Delay), then Tenant shall have the right to terminate this Lease by providing written notice to Landlord at any time within five (5) days after the expiration of such period. Within five (5) business days after the Commencement Date, the parties shall execute a letter confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, in the form attached hereto as EXHIBIT “D” (the “Commencement Date Memorandum”). Either party’s failure to request execution of, or to execute, the Commencement Date Memorandum shall not in any way alter the Commencement Date. (b) Notwithstanding the provisions of Paragraph 2(a), Tenant shall be entitled to early occupancy of the Premises at any time after the full execution of this Lease provided that (i) Tenant covenants and agrees that neither Tenant not Tenant’s employees, guests or invitees will interfere with the performance and completion of the Landlord’s Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, guests or invitees in the performance of the Landlord’s Work, (iii) Tenant shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against Landlord Parties (as such term is defined in Section 10(a) below), and Tenant agrees to indemnify and hold harmless for any injury or damage to any person or property in or about the Premises resulting from or arising out of or in connection with the performance of Landlord’s Work, including without limitation interruption in the HVAC services provided to the Server room (unless arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Premises shall be subject to all of the terms and conditions of this Lease, provided that (i) the term shall not begin until the Commencement Date, and (ii) Tenant shall not be obligated to pay monthly base Rent for the period from the delivery of early occupancy of the Premises until the Rent Commencement Date. (c) Tenant shall accept the Premises in its “as-is” condition, provided, however, that Landlord shall at its sole expense, in a good and xxxxxxx-like manner, in compliance with applicable Laws and Regulations, and using Building standard materials and finishes, make those improvements to the Premises described in the separate work letter (“Work Letter”) attached hereto as EXHIBIT “B” (collectively, the “Landlord’s Work”): (d) Landlord reserves from the leasehold estate hereunder (i) all exterior walls and windows bounding the Premises, and all space located within the Premises for vertical penetrations, conduits, electric and all other utilities, air-conditioning, sinks or other Building facilities, the use thereof and access thereto through the Premises for operation, maintenance, repair or replacement thereof, and (ii) the right from time to time, without unreasonable interference with Tenant’s use, to install, remove or relocate any of the foregoing for service to any part of the Building to locations that will not materially interfere with Tenant’s use of the Premises, to have access to and use of areas or facilities located within the Premises and serving or providing services to other parts of the Building (such as, by way of example only, risers, the plenum, the janitorial closet, and the elevator mechanical room located adjacent to the Building elevator), to make alterations or additions to the Building, to alter or relocate any other Common Area facility or any other common facility, and to make changes or alterations therein or enlargements thereof, provided that such changes do not increase Tenant’s obligations under the Lease in any material respect. Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s business conducted at the Premises resulting from the performance of Landlord’s obligations under this Paragraph. Subject to the rights of Tenant specified in this Lease, Landlord shall have the sole and exclusive right to possession and control of the Common Areas, all other public areas of the Project and the reserved areas or facilities described above in this Paragraph 2(d) which are located within the Premises.

  • VACANT POSSESSION The Purchaser after the payment of the TPP shall at his own costs and expenses take possession of the Property without any obligation on the part of the Assignee/Bank to give vacant possession and the Purchaser is PROHIBITED from entering upon the Property or take possession of the Property prior to the settlement of the balance purchase price and/or late payment interest (if any).

  • Filing Systems and Equipment A complete and comprehensive catalog of filing systems including vertical and lateral files, bookcases, mobile cabinets and freestanding file cabinets.

  • Possession and Control The Grantor has exclusive possession and control of its Equipment and Inventory.

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Agreement Copies Copies of the agreement shall be printed and distributed by the District to all employees covered by this Agreement.

  • NEW MATERIALS The Work to be delivered hereunder shall consist of new materials, not used, or reconditioned, remanufactured, or of such age as to impair its usefulness or safety.

  • LOCKS AND KEYS The RESIDENT MAY NOT install additional locking devices or other security devices in the PREMISES without the written consent from the MANAGEMENT. If approved, the RESIDENT will supply the MANAGEMENT office with duplicate keys. The RESIDENT shall not alter or modify in any way any locks provided by the MANAGEMENT. The RESIDENT shall be responsible to restore the PREMISES to the exact condition as it was prior to the installation of locks or other security devices and all damages to the PREMISES shall be paid to the MANAGEMENT by the RESIDENT. Upon termination of this LEASE, RESIDENT shall surrender to the MANAGEMENT all keys issued to the PREMISES or be liable for costs incurred to replace the locks and keys.

Most Referenced Clauses

Most Referenced Definitions