General Reservation of Rights. Except for the rights and licenses expressly granted in the Agreement, each party retains all right, title, and interest in and to its information and technology and all related intellectual property rights. The parties agree that no license may arise by implication, estoppel, or course of conduct.
General Reservation of Rights. This Article is not intended to negate other specific provisions of the Agreement. Where the management right is limited or altered by another specific provision of the Agreement, that provision governs insofar as it limits or alters a right retained by management. Article 53, Term of Agreement, includes within its coverage this Article 8, Management Rights, such that neither party is obligated to bargain with respect to any rights exercised under this Article 8.
General Reservation of Rights. The filing of this Proof of Claim is not intended to: (a) waive the right to seek withdrawal of the reference with respect to the subject matter of the Proof of Claim, any objection or other proceedings commenced with respect thereto, or any other proceedings commenced in this proceeding against or otherwise involving the United States; or (b) constitute an election of remedies that waives or otherwise affects any other remedy.
General Reservation of Rights. Respondent reserves, and this Settlement is without prejudice to, all rights against the State or its contractors or employees with respect to all matters not expressly included within Respondent’s covenants. Notwithstanding any other provision of this Settlement, Respondent reserves all rights against the State with respect to:
a. liability for failure by the Division to meet a requirement of this Settlement or the Framework Agreement; and
b. claims against the State, subject to the immunity the State has retained or enjoys under NRS Chapter 41, any other state law, and federal law, for money damages, other than those provided for under CERCLA, RCRA, the Clean Water Act, or the Clean Air Act, for injury or loss of property or personal injury or death caused by any employee, agent, contractor, or representative of the State while acting within the scope of his office or employment or agency. However, the foregoing shall not include any claim based on the Division’s selection of response actions, or the oversight or approval of Respondent’s deliverables or activities.
General Reservation of Rights. Notwithstanding anything to the contrary contained herein, Guarantor shall have all defenses to payment or performance of the Obligations that the Black Creek Holdings has or would have pursuant to the terms and conditions of the Asset Purchase Agreement and the Note.
General Reservation of Rights. Except as expressly provided herein, no property, license, permission or other interest of any kind in or to the use of any trademark, trade name, color combination, insignia, logo, device, design, work, or other Intellectual Property owned or controlled by a party is or is intended to be given, assigned to, or transferred to, or acquired by the other party or any other person or entity by reason of this Agreement or otherwise. Neither party will use the Intellectual Property of another party in a manner that: (i) impairs the validity or enforceability of such Intellectual Property; (ii) in any way disparages or dilutes such Intellectual Property; (iii) reflects poorly upon the good name of the other party or upon the goodwill and reputation associated with such Intellectual Property; or
General Reservation of Rights. The Parties mutually acknowledge that it is the intention of XPF to operate the Competition in a way that both starts a new era of lunar exploration and inspires a new generation of scientists and engineers. The Parties mutually acknowledge that as such, XPF intends to tell the story of the Competition to the broadest possible audience, and that XPF requires and herein asserts such rights as are required to do so, as detailed below. Additionally, the Parties mutually acknowledge that XPF has no intention of building or operating lunar explorers or other associated systems or components, or interfering with Team’s ability to do so. Except as expressly provided herein, no property, license, permission or other interest of any kind in or to the use of any trademark, trade name, color combination, insignia, logo, device, design, work, or other Intellectual Property owned or controlled by a party is or is intended to be given, assigned to, or transferred to, or acquired by the other party or any other person or entity by reason of this Agreement or otherwise. Neither party will use the Intellectual Property of another party in a manner that: (i) impairs the validity or enforceability of such Intellectual Property; (ii) in any way disparages or dilutes such Intellectual Property; (iii) reflects poorly upon the good name of the other party or upon the goodwill and reputation associated with such Intellectual Property; or
General Reservation of Rights. Atlantic Richfield reserves, and this Agreement is without prejudice to, all rights it has against the State Parties, and the State Parties each reserve, and this Agreement is without prejudice to, all rights they have against Atlantic Richfield, with respect to all matters not expressly included within the releases and covenants not to xxx set forth in Section II.A and II.B of this Agreement. Notwithstanding any other provision of this Agreement, Atlantic Richfield reserves all rights against the State Parties, and the State Parties reserve all rights against Atlantic Richfield, with respect to: (1) Claims for failure by the State Parties or Atlantic Richfield, as the case may be, to comply with or meet a requirement of this Agreement; (2) Claims arising from or in connection with any Claims brought or asserted by any non-Party (except for non-Party Claims for Natural Resource Damages and costs of Natural Resource Damage Assessment released under Section II.B of this Agreement, and Claims brought or asserted by the United States, a state, or the Washoe Tribe of California and Nevada for Response Costs or Response Actions addressed by this Agreement), including non-Party Claims for bodily injury, death, property (real or personal) damage (including injury to water rights), CERCLA cost recovery, or CERCLA contribution regarding, arising from, or relating to any Party’s or any Party’s predecessor’s respective status as a past, present, or future owner, lessor, lessee, operator, generator, transporter, or any other status involving the handling, treatment, storage, transport, disposal, investigation, removal, remediation, cleanup, or management of Waste Material(s) of, at, to, or from the Leviathan Mine Site; (3) Claims arising from or in connection with any Claims brought or asserted by any non-Party that are based on any rights reserved by any plaintiff under the Consent Decree; (4) Claims based on the ownership or operation of any portion of the Site when such ownership or operation commences after the Effective Date and there is a new Release of Waste Material on or related to such property; (5) Claims based on the new transportation, treatment, storage, or disposal, or new arrangement for the transportation, treatment, storage, or disposal of a Waste Material, at or in connection with the Site that commences and occurs wholly after the Effective Date; (6) Claims arising from a new Release, threat of Release, or disposal of a Waste Material either within ...
General Reservation of Rights. Xxxxx expressly reserves all rights not specifically granted to Kideo under this Agreement. Xxxxx may use or license to any other party all rights not expressly and explicitly granted to Kideo as Xxxxx, in its sole discretion, deems appropriate.
General Reservation of Rights. Except as set forth in this Agreement, the Parties reserve and do not waive any and all other legal rights and remedies. WHEREFORE, after having reviewed the terms and conditions of this Agreement, Petitioners and the United States on behalf of EPA hereby consent and agree to the terms and conditions of this Agreement. So agreed, Xxxx X. Xxxxxx Assistant Attorney General /s/ Xxxxxxxxx X. Xxxxxx Environmental Defense Section Environment & Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 (202) 514-8293
1. Information differentiating PRDs that serve as miscellaneous process vents in routine service from PRDs in emergency shutdown systems designed to open automatically in the event of a process upset
2. Number and types of PRDs that are actuated by a pressure of more than 2.5 pounds per square inch gauge (including low-emitting, vented to wastewater drains, on vacuum lines, on containers, those used in vapor service, gas or light liquid service, heavy liquid service, etc.)
3. Identification of practices used in the industry to limit or control releases from PRDs, including practices used to prevent conditions that could cause a release, and the characterization of those controls to determine their effectiveness, and practices that result in mitigation of releases
4. Information on applicable state or local requirements on PRDs –including information on requirements to monitor, report or control releases
5. Best practices in the industry to monitor and detect PRD releases
6. Best practices in the industry to prevent PRD atmospheric releases
7. Availability, capacity (particularly during high flow emergency events) and operational characteristics of on-site controls to accept additional flow from PRDs and cost and feasibility information regarding constructing controls in the industry
8. Availability of backup power to run controls during a force majeure type event (e.g., hurricane, external loss of power, etc.)
9. For the calendar years 2013-2015, information about PRDs including set pressure, capacity, how frequently PRDs are inspected, when and how often the PRD releases , the duration of PRD releases, the pressure when the PRD released, the amount of the release, and how the facility knows a release has occurred 10. Information on ownership, operation and other regulations applicable to PRDs, particularly PRDs on mobile containers such as railcars and over-the-road tanker vehicles, including, but not li...
