Incidental Use. (1) The Recipient agrees that any incidental use of Project property will not exceed what is permitted under applicable federal requirements and federal guidance.
(2) As provided in 49 U.S.C. § 5323(p), it may permit nontransit public entities and private entities to have incidental use of its federally assisted alternative fueling facilities and equipment, only if:
(i) The incidental use does not interfere with public transportation operations or violate the provisions of the Underlying Agreement and any Amendments thereto;
(ii) It fully recaptures all the costs related to the incidental use from any nontransit public entity or private entity that uses the alternative fueling facilities or equipment;
(iii) It uses revenues it receives from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and
(iv) Private entities pay all applicable excise taxes on fuel.
Incidental Use. The Recipient agrees that:
Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks.
2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the Licensed Territory. Licensee shall not adopt.promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory.
3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under Section VI.D. below, notwithstanding this ...
Incidental Use. Any incidental use of Project property will not exceed that permitted under applicable Federal laws, regulations, and directives.
Incidental Use. The Indian Tribe agrees that:
Incidental Use. As incidental to this Agreement, the Recipient acknowledges that FII may use, copy, modify or distribute the Material produced, received or acquired by the Recipient in connection with the Work and the Project Proposal, and may make the information contained in such Material (other than software) available to the public for the benefit of the forestry sector generally (collectively, the “Incidental Use”). The Recipient hereby consents to any such Incidental Use by FII, and releases and waives any claims that the Recipient may have against FII, now or in the future, in respect of any such Incidental Use.
Incidental Use. An employee who does not drive an automobile as a 7 condition of employment shall be reimbursed at the maximum rate per mile approved 8 by the IRS as a nontaxable expense reimbursement without documentation (which will 9 hereinafter be referred to as "the IRS rate") for miles driven at the requirement of the 10 County.
Incidental Use. (i) Prior to dissolution of GDC, all requests for incidental use of the HTP (e.g., fiber optic line, power line, or other third-party resource not directly needed for rail or tunnel operations that will not limit rail capacity) (“Incidental Use”) shall be subject to review and approval by GDC. If an Incidental Use is approved by GDC, GDC shall submit such Incidental Use request to the FTA as may be required by FTA. If the FTA approves the Incidental Use, Amtrak shall install or otherwise proceed with such Incidental Use, and any profits derived therefrom, after accounting for the reimbursement of costs to secure and support such Incidental Use, shall be shared equally among New York, New Jersey, and Amtrak.
(ii) After dissolution of GDC, Amtrak shall submit any requests for approval of an Incidental Use to the FTA as may be required by FTA. Amtrak shall not install or proceed with any Incidental Use unless such Incidental Use has been approved by the FTA as may be required by FTA. Proceeds attributable to any such Incidental Use shall be applied to offset Amtrak’s operations and maintenance costs in accordance with its obligations under the PRIIA, other applicable laws, and all applicable agreements between Amtrak and any user of the HTP.
Incidental Use. The operation of the Aircraft by Lessee is incidental to a business purpose of Lessee (other than the business of transportation by air).
Incidental Use. A specific Transmission Line Land Right shall be classified as "Incidental Use" if, as of the Closing Date and assuming the completion of construction of all Intended Distribution Facilities, the Circuit of which the Transmission Line Land Right is a component is used for Distribution on 25% or less of the length of the Circuit; provided, however, that the Contributor may request that ATCLLC treat a specific Circuit (and the component Transmission Line Land Rights) as "Joint Use," based on facts and circumstances specific to such Circuit, notwithstanding its objective classification as "Incidental Use."
