Design Materials. Any drawings, specifications, designs, plans and other documents prepared by or on behalf of the Seller and/or its Subcontractors in connection with the Equipment or the Services (collectively, to the extent in the possession and control of the Seller, the “Design Materials”), and all intellectual property rights, if any, relating to the Design Materials or the contents of or concepts embodied in the Design Materials, are and shall remain the exclusive property of the Seller or the Subcontractors, as the case may be. The Seller hereby grants for itself, and to the extent it has the right to so grant from Subcontractors, for its Subcontractors, whichever is appropriate, a paid-up, non-exclusive, license (the “Design Materials License”) for the life of the Equipment for the Buyer to use, reproduce and have reproduced the Seller’s and its Subcontractors’ proprietary information in such Design Materials, subject to the confidentiality obligation in Section 29.2 above and the following: (a) The Buyer may only use such Design Materials for the operation, maintenance and repair of the Equipment, in accordance with the efforts specified in the Contract, after Commercial Operation, but not for manufacturing spares or replacement components, equipment, etc. for the Project or any third party (other than as set forth in Section 14.2), or for the purpose of developing derivative information or products of any nature; and (b) the Design Materials License granted under this Section 29.3 is personal to the Buyer and shall apply to any of the Persons listed in Section 29.2(b) subject to the restrictions set forth in Section 29.2.
Design Materials. The term “Design Materials” means any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, Drawings, Specifications, sketches, illustrations, descriptions, models (including the BIM) and other information developed, prepared, furnished, delivered or required to be delivered by, or for, Design Build Entity to Judicial Council under the Contract Documents or developed or prepared by or for Design Build Entity specifically to discharge its duties under the Contract Documents.
Design Materials. The copies and other tangible embodiments of the Design & Engineering Documents, and any other drawings, specifications, designs, plans, “architectural work” and other documents, specifically prepared by or on behalf of the Owner, the Contractor or the Subcontractors in connection with the Project or the Work (collectively, the “Design Materials”) are and shall remain the property of the Owner. The Contractor shall use its Commercial Reasonable Efforts to ensure that all copies of the Design Materials are delivered or returned to the Owner or suitably accounted for upon Final Completion. The Contractor may retain one copy of the Design Materials for its records. Any use of such Design Materials by the Contractor on other projects shall be at the Contractor’s sole risk and liability. The Intellectual Property Rights, if any, relating to the Design Materials or the contents of or concepts embodied in the Design Materials shall remain with and belong to the Contractor or its Subcontractors as the case may be.
Design Materials. DESIGN MATERIALS" includes the source code statements for a Computer Program; all requirements documents, record layouts, outlines, flowcharts, and other materials intended for use in the preparation of the source code statements; and all comments included in the source code statements as a reference to other materials.
Design Materials. Participant represents and warrants to the MBA that any house of the Participant which becomes a part of the Parade is the product of an original design and that either (i) Participant is the sole owner of such design and/or has the rights, including copyright, in and to the design as represented in the structure, and in the plans, specifications, drawings, advertising and promotional materials for the model (together the "Design Materials"), or
Design Materials. (a) Any Goods to be acquired by the purchaser from Q water under this contract shall be manufactured:
(i) In accordance with Q water’s design and specifications for any goods ordered by the purchaser current at the date of the quotation.
(ii) Using standard materials which are available or from the most suitable alternative where the standard materials are not available.
(b) Where Q water manufactures any goods ordered by the purchaser in accordance with the design, manufacture methodology, specification, materials or otherwise as required by the purchaser ("Purchaser's Specifications"), such purchaser's specifications shall be at the purchaser's cost and Q water will not accept responsibility or liability (including to a third party) for any performance, accuracy, suitability or reliability of such purchaser's specifications or any goods manufactured in compliance with the purchaser's specifications.
(c) The Purchaser must:
(i) Not make any representations or give any warranties to third party purchasers of the goods from the purchaser which binds Q water in relation to the fitness for purpose of any goods manufactured by Q water in accordance with the purchaser's specifications.
(ii) In the event that the purchaser does give the representations or warranties in clause 11(c)(i), indemnify and keep indemnified Q water against any and all claims, losses or damages incurred by Q water as a result of such representations or warranties by the purchaser.
Design Materials. Participant represents and warrants to the MBA that any house of the Participant which becomes a part of the Parade is the product of an original design and that either (i) Participant is the sole owner of such design and/or has the rights, including copyright, in and to the design as represented in the structure, and in the plans, specifications, drawings, advertising and promotional materials for the model (together the "Design Materials"), or (ii) Participant has received written authority from the owner of the Design Materials to make use thereof in the manner contemplated by Participant. Participant further represents and warrants to the MBA that Participant has not pledged, assigned or encumbered its rights to the Design Materials and that the Design Materials do not violate any copyright, property or common rights of any third parties.
Design Materials. Promptly upon request therefor by the Administrative Agent, Borrower shall furnish to the Administrative Agent such materials as the Administrative Agent shall reasonably require to determine whether the requirements regarding design of the Phase I Mall and the Phase II Mall set forth in the Approved XXXXX will be satisfied. If such materials disclose that such design requirements will not be satisfied, then Borrower shall cause such changes to be made as are necessary so that the design of the Phase I Mall and the Phase II Mall will satisfy such requirements. The Administrative Agent's review of such materials shall create no responsibility or liability on behalf of the Administrative Agent or any Lender for their completeness, design, sufficiency or their compliance with Legal Requirements or Insurance Requirements.
Design Materials. Customer's execution of the applicable Project Proposal authorizes Syncroness to procure, without Customer’s prior approval, any components, materials and supplies that are necessary to perform the Services or create the Deliverables, based on the lead time for such items (“Design Materials”). Upon completion of the Services or termination of the applicable Project Proposal or this MSA, Customer will either (a) purchase any remaining Design Materials from Syncroness at cost plus a fifteen percent (15%) material handling fee; or (b) direct Syncroness to either return such materials to the supplier (if returnable) or sell the Design Materials to a third party, and pay Syncroness the difference between the reimbursement or sales price actually received by Syncroness and the cost plus a fifteen percent (15%) material handling fee.
Design Materials. Any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design-Build Entity: (1) to District under the Contract Documents or; (2) developed or prepared by or for the Design-Build Entity specifically to discharge its duties under the Contract Documents.
