FCC and Copyright Compliance Sample Clauses

FCC and Copyright Compliance. 3.18.1. Seller is permitted under all applicable FCC rules, regulations and orders to distribute the transmissions (whether television, satellite, radio or otherwise) of video programming or other information that the Seller makes available to customers of the System presently being carried to the customers of and by the System and to utilize all carrier frequencies generated by the operations of the System, and is licensed to operate all the facilities required by law to be licensed, including, without limitation, any business radio and any cable television relay service system, being operated as part of the System. Except as provided in Schedule 3.18, Seller's operation of the System and of any FCC-licensed or registered facility used in conjunction with Seller's operation of the System, is in compliance with the FCC's rules and regulations and the provisions of the Communications Act, except for such noncompliance that would not have a Material Adverse Effect, and all required reports of Seller to the FCC are materially true and correct and have been timely filed. Seller makes no representation or warranty with respect to the effect of the cable television industry-wide dispute concerning music licensing fees. 3.18.2. Seller has deposited with the U.S. Copyright Office all statements of account and other documents and instruments, and paid all royalties, supplemental royalties, fees and other sums to the U.S. Copyright Office under the Copyright Act of 1976, as amended (the "Copyright Act"), with respect to the business and operations of the System as are required to obtain, hold and maintain the compulsory license for cable television systems prescribed in Section 111 of the Copyright Act. The System is in compliance with the Copyright Act and the rules and regulations of the U.S. Copyright Office, except for such noncompliance that would not have a Material Adverse Effect and except as to potential copyright liability arising from the performance, exhibition or carriage of any music on the System. To the knowledge of Seller, there is no inquiry, claim, action or demand pending before the U.S. Copyright Office or from any other party which questions the copyright filings or payments made by Seller with respect to the System. 3.18.3. All necessary FAA approvals have been obtained with respect to the height and location of towers used in connection with the operation of the System and are listed in Schedule 3.4. The towers are being operated in complianc...
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FCC and Copyright Compliance. 6.19.1. The operation of each of the Cox Systems has been, and is, in compliance with the Communications Act and the rules and regulations of the FCC, except for such noncompliance which would not, individually or in the aggregate, have a System Material Adverse Effect and except for Legal Requirements with respect to rates charged to customers as to which the representations set forth in SECTION 6.19.2 shall apply. Cox has made all material filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage notices) and has provided all material notices to customers required under the Communications Act and the FCC's rules and regulations. Cox is and since 1988 has been certified as in compliance with, the FCC's equal employment opportunity rules and the Cox Systems are in material compliance with all signal leakage criteria prescribed by the FCC. With respect to the Cox Systems, Cox has complied in all material respects with the specifications set forth in Part 76, Subpart K of the rules and regulations of the FCC and other provisions of the Communications Act or the rules and regulations of the FCC pertaining to signal leakage, to utility pole make ready and to grounding and bonding of cable television systems (in each case as the same is currently in effect). 6.19.2. Cox has complied in all material respects with the must carry and retransmission consent provisions of the Cable Act and the FCC rules and regulations promulgated thereunder as such provisions relate to the Cox Systems. Except as set forth in SCHEDULE 6.19, no written notices or demands have been received from the FCC, from any television station, or from any other Person, station, Governmental Authority or unit challenging the right of the Cox Systems to carry any signal or deliver the same. Except as set forth on SCHEDULE 6.19, Cox has used commercially reasonable efforts to establish rates charged to customers, effective since September 1, 1993, that would be allowable under rules and regulations promulgated by the FCC under the Cable Act, and any authoritative interpretation thereof, whether or not such rates were subject to regulation by any Governmental Authority, including the local franchising authority and/or the FCC, and such rates as computed under the FCC's rules and regulations are permitted rates except as set forth in SCHEDULE 6.19. Cox has delivered to TCI complete and correct copies of all FCC 393 Fo...
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FCC and Copyright Compliance. 5.19.1. The operation of each of the TCI Systems has been, and is, in compliance with the Communications Act and the rules and regulations of the FCC, except for such noncompliance which would not, individually or in the aggregate, have a System Material Adverse Effect and except for Legal Requirements with respect to rates charged to customers as to which the representations set forth in SECTION 5.19.2 shall apply. The TCI Subsidiaries and/or TCI, L.P. have made all material filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage notices) and have provided all material notices to customers required under the Communications Act and the FCC's rules and regulations. The TCI Subsidiaries and/or TCI, L.P. are and since 1988 have been certified as in compliance with, the FCC's equal employment opportunity rules and the TCI Systems are in material compliance with all signal leakage criteria prescribed by the FCC. With respect to the TCI Systems, the TCI Subsidiaries have complied in all material respects with the specifications set forth in Part 76, Subpart K of the rules and regulations of the FCC and other provisions of the Communications Act or the rules and regulations of the FCC pertaining to signal leakage, to utility pole make ready and to grounding and bonding of cable television systems (in each case as the same is currently in effect).
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FCC and Copyright Compliance. Seller is duly authorized under applicable CATV Instruments and FCC rules, regulations and orders to distribute the signals presently being carried to the subscribers of its System and has all required licenses for the operation of all facilities. The operation of the System is in substantial compliance with the FCC's rules and regulations, and Seller has received no notice and has no reason to know of any claimed default or violation with respect to the foregoing. Seller has filed all required reports with the FCC. Seller has made all requisite filings and payments with the Register of Copyrights and is otherwise in substantial compliance with all applicable benchmark rules and regulations of the Copyright Office. Up to 20 days after the execution of this Agreement, the Buyer shall have the right to conduct a physical and technical inspection of the system and shall have the right to conduct any tests to ensure that the System is in compliance with FCC rules, regulations and orders.
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FCC and Copyright Compliance. Except as provided in Schedule 4.16, the operation of the CATV System has been and is in compliance with the Cable Act and the rules and regulations of the FCC, except for such noncompliance as has not had and would not reasonably be expected to have a Material Adverse Effect. Seller has made all material filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage orders) has paid all required fees to be paid to the FCC for the CATV System, and has provided all material notices to customers required under the Cable Act and the FCC's rules and regulations. For the past three years, Seller has been certified for purposes of compliance with the FCC's equal employment opportunity rules, and Seller is in material compliance with all signal leakage criteria prescribed by the FCC. Seller makes available to customers of the CATV System and third parties all equipment and facilities required under any applicable federal, state and local laws, rules and regulations and ordinances, and as of the date of this Agreement Seller is not a party to any leased access agreement with respect to the CATV System. Except as described in Schedule 4.16.4, none of the CATV Franchises shall expire by its terms within thirty-six (36) months of the date of this Agreement. Seller does not hold any FCC License related to the CATV Operations and none is required to operate the CATV Operations as they are operated as of the date of this Agreement.
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FCC and Copyright Compliance. (a) Except as provided in Schedule 3.15(a), each Seller’s operation of its Systems is in compliance in all material respects with the applicable provisions of the Communications Act and the Copyright Act. No Seller has received written notice claiming a violation by such Seller or the Business of any Legal Requirements applicable to the Systems or the Business as it is currently conducted. (b) Each Seller is permitted under all applicable Legal Requirements, including the Communications Act and the Copyright Act, to distribute the video programming and other information that it currently makes available to the customers of its Systems. Each Seller is permitted under all applicable Legal Requirements, including the Communications Act, to utilize all frequencies generated by the operation of its Systems, and, where required, is licensed to operate all the facilities required by applicable Legal Requirements to be licensed by the FCC. Each Seller has delivered to Buyer complete and correct copies of all written notices and requests from the FCC or the United States Copyright Office relating to such Seller’s operation of the Systems during the period of such Seller’s ownership of the Systems and any FCC-licensed or registered facility used in conjunction with Sellers’ operation of the Systems that have been received by Sellers. All reports, fees, filings, applications and other submissions of Sellers to the FCC and to the Copyright Office are true and correct in all material respects. As of the date hereof, no written requests have been received by Seller, during the period of Seller’s ownership of the Systems, from the FCC or the United States Copyright Office challenging or questioning the right of Seller’s operation of any System or any FCC-licensed or registered facility used in conjunction with Seller’s operation of any System. (c) The Sellers make no representation or warranty with respect to the effect of the cable television industry-wide dispute concerning music licensing fees. (d) Except as set forth on Schedule 3.15(d), each Seller has submitted to the FCC, all material filings with respect to the Systems and the Business, including cable television registration statements, current annual reports, aeronautical frequency usage notices, and current cumulative leakage index reports, that are required under the Communications Act. Each System is in material compliance with signal leakage criteria prescribed by the FCC, is in material compliance with the...
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Related to FCC and Copyright Compliance

  • Patents, Trademarks and Copyrights Machinery and equipment of the VESSEL, whether made or furnished by the BUILDER under this CONTRACT, may bear the patent numbers, trademarks, or trade names of the manufacturers. The BUILDER shall defend and save harmless the BUYER from all liabilities or claims for or on account of the use of any patents, copyrights or design of any nature or kind, or for the infringement thereof including any unpatented invention made or used in the performance of this CONTRACT and also for any costs and expenses of litigation, if any in connection therewith. No such liability or responsibility shall be with the BUILDER with regard to components and/or equipment and/or design supplied by the BUYER. Nothing contained herein shall be construed as transferring any patent or trademark rights or copyrights in equipment covered by this CONTRACT, and all such rights are hereby expressly reserved to the true and lawful owners thereof.

  • Patents and Copyrights ‌ All services, information, computer program elements, reports and other deliverables which might be patented or copyrighted and created under this Contract are the property of the Department and shall not be used or released by the Consultant or any other person except with the prior written approval by the Department.

  • Trademarks and Copyrights The name “Xxxxx Xxxxx” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Xxxxx Xxxxx. The Company grants Ambassadors and Influencers a limited license to use its trademarks and trade names in promotional material in accordance with these Policies for so long as the Ambassador or Influencer’s Agreement is in effect. Upon cancellation of an Ambassador or Influencers’ Agreement for any reason, the license shall expire and the Ambassador or Influencer shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Ambassador or Influencer use any of Xxxxx Xxxxx’x trademarks or trade names in any email address, website domain name, social media handle, social media name or address. Xxxxx Xxxxx commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Ambassadors, Influencers, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Ambassador or Influencer may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium. In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Ambassadors and Influencers shall not copy any such materials for their personal or business use without the Company’s prior written approval.

  • Trademarks, Patents and Copyrights (a) Section 4.14(a) of the Company Disclosure Letter sets forth a complete and accurate list of all copyright registrations, trademark registrations, and patents, and applications for registration of any of the foregoing, that are owned by the Company or its subsidiaries. The Company and its subsidiaries own or have the right to use in the manner currently used by the Company and its subsidiaries all patents, trademarks, trade names, copyrights, Internet domain names, service marks, trade secrets and other intellectual property rights (the “Intellectual Property Rights”) used in connection with the business of the Company and its subsidiaries as currently conducted (the “Company Intellectual Property Rights”), except as would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Neither the Company nor any of its subsidiaries has received, since January 1, 2011, any written charge, complaint, claim, demand or notice challenging the validity of any of the Company Intellectual Property Rights, except as would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. (b) To the Company’s knowledge, the conduct of the business of the Company and its subsidiaries does not infringe upon, misappropriate or otherwise violate any Intellectual Property Rights of any other person, except for any such infringement, misappropriation or other violation that would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Neither the Company nor any of its subsidiaries has received, since January 1, 2011, any written charge, complaint, claim, demand or notice alleging any such infringement, misappropriation or other violation that has not been settled or otherwise fully resolved, except for any such infringement, misappropriation or other violation that would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. To the Company’s knowledge, no other person has infringed, misappropriated or otherwise violated any Company Intellectual Property Rights since January 1, 2011, except for any such infringement, misappropriation or other violation as would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect.

  • Patent and Copyright Rights I agree to assist the Company, or its designee, at the Company's expense, in every proper way to secure the Company's rights in the Inventions and any copyrights, patents, trademarks, mask work rights, moral rights, or other intellectual property rights relating thereto in any and all countries, including the disclosure to the Company of all pertinent information and data with respect thereto, the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which the Company shall deem necessary in order to apply for, obtain, maintain and transfer such rights and in order to assign and convey to the Company, its successors, assigns and nominees the sole and exclusive rights, title and interest in and to such Inventions, and any copyrights, patents, mask work rights or other intellectual property rights relating thereto. I further agree that my obligation to execute or cause to be executed, when it is in my power to do so, any such instrument or papers shall continue after the termination of this Agreement until the expiration of the last such intellectual property right to expire in any country of the world. If the Company is unable because of my mental or physical incapacity or unavailability or for any other reason to secure my signature to apply for or to pursue any application for any United States or foreign patents or copyright registrations covering Inventions or original works of authorship assigned to the Company as above, then I hereby irrevocably designate and appoint the Company and its duly authorized officers and agents as my agent and attorney in fact, to act for and in my behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters patent or copyright registrations thereon with the same legal force and effect as if originally executed by me. I hereby waive and irrevocably quitclaim to the Company any and all claims, of any nature whatsoever, which I now or hereafter have for infringement of any and all proprietary rights assigned to the Company.

  • Patents, Trademarks, Copyrights, Licenses, Etc Each Loan Party and each Subsidiary of each Loan Party owns or possesses all the material patents, trademarks, service marks, trade names, copyrights, licenses, registrations, franchises, permits and rights necessary to own and operate its properties and to carry on its business as presently conducted and planned to be conducted by such Loan Party or Subsidiary, without known possible, alleged or actual conflict with the rights of others.

  • Other Patents and Copyrights 15 5.7 Remedies ................................................... 16

  • Patent and Copyright Registrations I agree to assist the Company, or its designee, at the Company’s expense, in every proper way to secure the Company’s rights in the Inventions and any copyrights, patents, mask work rights or other intellectual property rights relating thereto in any and all countries, including the disclosure to the Company of all pertinent information and data with respect thereto, the execution of all applications, specifications, oaths, assignments and all other instruments which the Company shall deem necessary in order to apply for and obtain such rights and in order to assign and convey to the Company, its successors, assigns, and nominees the sole and exclusive rights, title and interest in and to such Inventions, and any copyrights, patents, mask work rights or other intellectual property rights relating thereto. I further agree that my obligation to execute or cause to be executed, when it is in my power to do so, any such instrument or papers shall continue after the termination of this Agreement. If the Company is unable because of my mental or physical incapacity or for any other reason to secure my signature to apply for or to pursue any application for any United States or foreign patents or copyright registrations covering Inventions or original works of authorship assigned to the Company as above, then I hereby irrevocably designate and appoint the Company and its duly authorized officers and agents as my agent and attorney in fact, to act for and in my behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the prosecution and issuance of letters patent or copyright registrations thereon with the same legal force and effect as if executed by me.

  • Patent and Copyright Registration The Executive agrees to execute and deliver any instruments or documents and to do all other things reasonably requested by the Company in order to more fully vest the Company with all ownership rights in the Work Product. If any Work Product is deemed by the Company to be patentable or otherwise registrable, the Executive shall assist the Company (at the Company’s expense) in obtaining letters of patent or other applicable registration therein and shall execute all documents and do all things, including testifying (at the Company’s expense) as necessary or appropriate to apply for, prosecute, obtain, or enforce any Intellectual Property right relating to any Work Product. Should the Company be unable to secure the Executive’s signature on any document deemed necessary to accomplish the foregoing, whether due to the Executive’s disability or other reason, the Executive hereby irrevocably designates and appoints the Company and each of its duly authorized officers and agents as the Executive’s agent and attorney-in-fact to act for and on the Executive’s behalf and stead to take any of the actions required of Executive under the previous sentence, with the same effect as if executed and delivered by the Executive, such appointment being coupled with an interest. This Section 9 shall survive the termination of the Agreement for any reason. In the event the Executive breaches this Section 9, the Company shall have right to seek remedies permissible under applicable law.

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

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