EarthLink Sample Clauses

EarthLink. (a) EarthLink has the power and authority to enter into and perform its obligations under this Agreement. (b) EarthLink shall at all times comply with all local, state and federal laws, rules and regulations applicable to the Co-Branded Site (including, without limitation, any export control laws of the United States with respect to the E-Stamp Software); (c) EarthLink has the full and exclusive right to grant or otherwise permit E-Stamp to access the EarthLink Personal Start Page and to use EarthLink's Marks, and is aware of no claims by any third parties adverse to any of such intellectual property rights except for Sprint's ownership of its Marks contained in the co-branded EarthLink/Sprint Marks. If E-Stamp's use or promotion, as provided herein, of any of EarthLink's Marks or products or services including, without limitation, EarthLink's goods and services associated therewith ("EarthLink Property") are alleged or held to infringe the intellectual property rights of a third party, EarthLink shall, at its own expense, and in its sole discretion, (i) procure for E-Stamp the right to continue to use the allegedly infringing EarthLink Property or (ii) replace or modify the EarthLink Property to make it non-infringing; or (iii) if neither option is possible or economically feasible, request E-Stamp to cease use and promotion of such EarthLink Property and to thereafter sever the alleged or infringing EarthLink Property from any obligations with respect to either party under the Agreement, provided that if the inability to use such intellectual property would cause a material breach of this Agreement (as determined by E- Stamp), E-Stamp may immediately terminate this Agreement upon notice to EarthLink (d) EarthLink warrants and represents that the proprietary components of EarthLink/Sprint Service contemplated by this Agreement are year 2000 compatible and compliant (i.e., will correctly calculate, compare, sort, extract, sequence, store and otherwise process, in accordance with the Services' intended use and applicable specifications, date related information and associated date calculations for dates before, during and after the year 2000, and will display date information in ways that are unambiguous as to the determination of the century). E-Stamp acknowledges and agrees that the operation of the EarthLink/Sprint Service is dependent on the operation of third party network infrastructure and other technology and that EarthLink makes no representation o...
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EarthLink. EarthLink represents and warrants to iOwn that: --------- (a) EarthLink has the power and authority to enter into and perform its obligations under this Agreement; (b) EarthLink shall at all times comply with all local, state and federal laws, rules and regulations applicable to the Co- Branded Site, the EarthLink/Sprint Service and EarthLink's performance under this Agreement; and (c) EarthLink has the full right to grant or otherwise permit iOwn to use EarthLink and Sprint's Marks, and is aware of no claims by any third parties adverse to any of such intellectual property rights, except for Sprint's ownership of its Marks contained in the co-branded EarthLink/Sprint Marks. If EarthLink's or Sprint's intellectual property rights are alleged or held to infringe the intellectual property rights of a third party, EarthLink shall, at its own expense, and in its sole discretion, (i) procure for iOwn the right to continue to use the allegedly infringing intellectual property or (ii) replace or modify the intellectual property to make it non- infringing; provided, however, if neither option is possible or economically feasible and if the inability to use such intellectual property would cause a material breach of this Agreement (as determined by iOwn), iOwn may immediately terminate this Agreement upon notice to EarthLink.
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EarthLink. EARTHLINK, INC. ______________________________ By:___________________________ Title:________________________ Date:_________________________ SELLER: ------ NETPLIANCE, INC.
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EarthLink. EARTHLINK, INC.
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EarthLink. EARTHLINK
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EarthLink. EarthLink represents and warrants to GoAmerica that: (1) EarthLink has the power and authority to enter into and perform its obligations under this Agreement and (2) EarthLink has the full and exclusive right to grant or otherwise permit GoAmerica to use EarthLink's Marks and to distribute the Setup Software in accordance with the terms of this Agreement. If EarthLink's intellectual property rights included in the Setup Software are alleged or held to infringe the intellectual property rights of a third party, EarthLink will, at its own expense, and in its sole discretion, (i) procure for GoAmerica the right to continue to use the allegedly infringing intellectual property or (ii) replace or modify the intellectual property to make it non-infringing; provided, however, if neither option is possible or economically feasible and if the inability to use such intellectual property would cause a material breach of this Agreement (as determined by GoAmerica), GoAmerica will immediately stop distributing the Setup Software and may immediately terminate this Agreement upon written notice to EarthLink.
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EarthLink. Except in the event (i) of any termination of this Agreement by EarthLink (provided such termination may not be caused by the termination of any of the Related Agreements by EarthLink for convenience), (ii) termination of any of the Related Agreements by EarthLink due to an uncured material breach of GoAmerica, or (iii) in the event GoAmerica terminates the Sales Agent Agreement for convenience, for a period of [**] years after the Final Subscriber Transition End Date, EarthLink shall not: 4.2.1 without GoAmerica's prior written consent, contact or solicit any employees or direct or indirect distribution channels, strategic alliances or technical joint venturers or similar business associates of, or vendors to, GoAmerica (directly or indirectly) for the purpose of causing, inviting or encouraging any such employee or third party to alter or terminate his, her or its employment or business relationship with GoAmerica; 4.2.2 make any public statement or perform or do any other act prejudicial or injurious to the reputation or goodwill of GoAmerica or otherwise interfere with the business of GoAmerica or any of its affiliates; or 4.2.3 license or create alone or with [**], a browser substantially the same as the Go.Web browser, provided however, this Section 4.2.3 will not restrict EarthLink (i) from
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EarthLink. EarthLink agrees to indemnify and hold harmless GoAmerica, and each officer, director, and affiliate of GoAmerica, including without limitation or any successor of GoAmerica (collectively, the "GoAmerica Indemnified Parties") from and against
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EarthLink. EarthLink represents and warrants to HealthChannel that: EarthLink has the power and authority to enter into and perform its obligations under this Agreement; and EarthLink has the full right to grant or otherwise permit HealthChannel to use EarthLink's Marks, the Premiere Partners' marks and logos and is aware of no claims by any third parties adverse to any of such intellectual property rights except for Sprint's ownership of its Marks contained in the co-branded EarthLink/Sprint Marks. If EarthLink's intellectual property rights are alleged or held to infringe the intellectual property rights of a third party, EarthLink shall, at its own expense, and in its sole discretion, (i) procure for HealthChannel the right to continue to use the allegedly infringing intellectual property or (ii) replace or modify the intellectual property to make it non-infringing; provided, however, if neither option is possible or economically feasible and if the inability to use such intellectual property would cause a material breach of this Agreement (as determined by HealthChannel), HealthChannel may immediately terminate this Agreement upon notice to EarthLink.
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Related to EarthLink

  • Newco Prior to the Effective Time, Newco shall not conduct any business or make any investments other than as specifically contemplated by this Agreement and will not have any assets (other than the minimum amount of cash required to be paid to Newco for the valid issuance of its stock to the Parent).

  • Services to the Corporation Agent will serve, at the will of the Corporation or under separate contract, if any such contract exists, as a director of the Corporation or as a director, officer or other fiduciary of an affiliate of the Corporation (including any employee benefit plan of the Corporation) faithfully and to the best of his ability so long as he is duly elected and qualified in accordance with the provisions of the Bylaws or other applicable charter documents of the Corporation or such affiliate; provided, however, that Agent may at any time and for any reason resign from such position (subject to any contractual obligation that Agent may have assumed apart from this Agreement) and that the Corporation or any affiliate shall have no obligation under this Agreement to continue Agent in any such position.

  • Cornerstone shall notify the LLC and confirm such advice in writing (i) when the filing of any post-effective amendment to the Registration Statement or supplement to the Prospectus is required, when the same is filed and, in the case of the Registration Statement and any post-effective amendment, when the same becomes effective, (ii) of any request by the Securities and Exchange Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information and (iii) of the entry of any stop order suspending the effectiveness of the Registration Statement or the initiation or threatening of any proceedings for that purpose, and, if such stop order shall be entered, Cornerstone shall use its best efforts promptly to obtain the lifting thereof.

  • SERVICES TO THE COMPANY In consideration of the Company’s covenants and obligations hereunder, Indemnitee will serve or continue to serve as an officer, director, advisor, key employee or in any other capacity of the Company, as applicable, for so long as Indemnitee is duly elected or appointed or retained or until Indemnitee tenders his or her resignation or until Indemnitee is removed. The foregoing notwithstanding, this Agreement shall continue in full force and effect after Indemnitee has ceased to serve as a director, officer, advisor, key employee or in any other capacity of the Company, as provided in Section 17. This Agreement, however, shall not impose any obligation on Indemnitee or the Company to continue Indemnitee’s service to the Company beyond any period otherwise required by law or by other agreements or commitments of the parties, if any.

  • Transnet (i) For legal notices: …………………………………………………… …………………………………………………… …………………………………………………… Fax No. ………… Attention: Group Legal Department (ii) For commercial notices: …………………………………………………… …………………………………………………… …………………………………………………… Fax No. ………… Attention: …………

  • SBC SWBT shall provide a toll free facsimile number to CLEC for the submission of requests for Resale Services and Network Elements under this Agreement; CLEC shall provide SBC-SWBT with a toll free facsimile number for notices from SBC-SWBT relating to requests for Resale Services and Network Elements under this Agreement.

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  • Athletics Coaching stipend compensation shall be as indicated in Appendix A.

  • Motorola s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.

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