INCONSISTENT USE Sample Clauses

INCONSISTENT USE. 15 6.3. No Patent or Software License............................... 18 6.4. Confidentiality............................................. 18
Sample 1Sample 2
AutoNDA by SimpleDocs
INCONSISTENT USE. (a) If AT&T finds that CUSTOMER (or any Intermediate Reseller), is using AT&T's corporate or trade names, logos, trademarks, service marks, trade dress or other symbols that serve to distinguish AT&T from its competitors in a manner inconsistent with Section 6.1. of this Agreement (an "Inconsistent Use"), AT&T shall provide notice of such Inconsistent Use to CUSTOMER. The exclusive means and remedy for settling any dispute between the parties as to whether a particular use constitutes an Inconsistent Use shall be an arbitration conducted under the Non-Administered Arbitration Rules (the "Rules") of the CPR Institute for Dispute Resolution (the "CPR Institute"), except as otherwise provided in this Agreement. In the case of a conflict between this Agreement and the Rules, this Agreement will govern. (b) If AT&T provides notice to CUSTOMER of an Inconsistent Use, and, within 30 days after the receipt of such notice, CUSTOMER either (1) cures the Inconsistent Use or takes appropriate commercially reasonable efforts to prevent an Intermediate Reseller from continuing such use (which efforts shall include ceasing to provide service to the Intermediate Reseller, if necessary), (2) demonstrates that no Inconsistent Use occurred, or (3) demonstrates that no person responsible for the Inconsistent Use was either CUSTOMER, an Affiliate of CUSTOMER, an Intermediate Reseller, or an employee, agent or independently contracted sales representative of any of them, then there shall be no loss of discount arising out of the use that gave rise to the notice. If CUSTOMER thereafter seeks to contest AT&T's determination that the use was an Inconsistent Use, CUSTOMER must institute an arbitration under the Section. If CUSTOMER does not obtain a ruling in such arbitration that the use was not an Inconsistent Use, CUSTOMER shall be precluded from repeating such use (and shall take appropriate, commercially reasonable measures to ensure that no Intermediate Reseller repeats such use). (c) If AT&T provides notice to CUSTOMER of an Inconsistent Use, and CUSTOMER does not avoid the withholding of discount by accomplishing one of the steps described in (1) through (3) of Section 6.2(b) within the specified period, the discounts and credits set forth in Attachment A will not apply beginning as of the date AT&T's notice is given and ending as of the date that CUSTOMER accomplishes one of the steps described in (a) through (c) of Section 6.2(b). Any such suspension of discounts shall no...
Sample 1Sample 2
INCONSISTENT USE. ((Section)8.2.) No Patent or Software License. ((Section)8.3.) Taxes to be Billed by AT&T. ((Section)9.1.) Taxes Not To be Billed by AT&T. ((Section)9.2.)
Sample 1
INCONSISTENT USE. ChemTrak shall promptly cease any use of the Licensed Marks not consistent with the terms of this Agreement upon Parent's Alert's reasonable request.
Sample 1
INCONSISTENT USE. Grantor agrees and covenants that it shall not grant or exercise any rights in the property inconsistent with, or which interfere with, the rights herein accorded to Grantee. Grantor shall be free to make any use of the property which is consistent with Xxxxxxx’s intended use.
Sample 1

Related to INCONSISTENT USE

  • Inconsistent Terms In the event of any inconsistency between the terms of this Operating Plan and those of either the Investment Advisory Agreement or the Fund Administration Agreement, the terms of the Investment Advisory Agreement or Fund Administration Agreement shall control, but only to the extent of such inconsistency.

  • Inconsistent Provisions Each Service may be governed by separate terms and conditions in addition to this Schedule and the Related Agreement(s). Except where specifically provided to the contrary in this Schedule, in the event that such separate terms and conditions conflict with this Schedule and the Related Agreement(s), the provisions of this Schedule shall prevail to the extent this Schedule applies to the transaction in question.

  • Inconsistent Agreements Not, and not permit any other Loan Party to, enter into any agreement containing any provision which would (a) be violated or breached by any borrowing by the Company hereunder or by the performance by any Loan Party of any of its Obligations hereunder or under any other Loan Document, (b) prohibit any Loan Party from granting to the Administrative Agent and the Lenders, a Lien on any of its assets or (c) create or permit to exist or become effective any encumbrance or restriction on the ability of any Subsidiary to (i) pay dividends or make other distributions to the Company or any other Subsidiary, or pay any Debt owed to the Company or any other Subsidiary, (ii) make loans or advances to any Loan Party or (iii) transfer any of its assets or properties to any Loan Party, other than (A) customary restrictions and conditions contained in agreements relating to the sale of all or a substantial part of the assets of any Subsidiary pending such sale, provided that such restrictions and conditions apply only to the Subsidiary to be sold and such sale is permitted hereunder (B) restrictions or conditions imposed by any agreement relating to purchase money Debt, Capital Leases and other secured Debt permitted by this Agreement if such restrictions or conditions apply only to the property or assets securing such Debt and (C) customary provisions in leases and other contracts restricting the assignment thereof.

  • Inconsistencies In the event of any inconsistency between any provision of this Agreement and any provision of any Company arrangement, the provisions of this Agreement shall control, unless Executive and the Company otherwise agree in a writing that expressly refers to the provision of this Agreement that is being waived.

  • No Inconsistent Action Seller shall not take any action that is inconsistent with its obligations under this Agreement or that could hinder or delay the consummation of the transactions contemplated by this Agreement.

  • No Inconsistent Agreement Each Sponsor hereby represents and covenants that such Sponsor has not entered into, and shall not enter into, any agreement that would restrict, limit or interfere with the performance of such Sponsor’s obligations hereunder.

  • No Inconsistent Actions The parties hereto shall not voluntarily undertake or fail to undertake any action or course of action inconsistent with the provisions or essential intent of this Agreement. Furthermore, it is the intent of the parties hereto to act in a fair and reasonable manner with respect to the interpretation and application of the provisions of this Agreement.

  • Avoidance of Inconsistent Position In connection with purchases or sales of portfolio securities for the account of the Fund, neither the Manager nor any of the Manager's directors, officers or employees will act as a principal or agent or receive any commission.

  • No Inconsistent Agreements Neither the Company nor any of its Subsidiaries has entered, as of the date hereof, nor shall the Company or any of its Subsidiaries, on or after the date of this Agreement, enter into any agreement with respect to its securities, that would have the effect of impairing the rights granted to the Holders in this Agreement or otherwise conflicts with the provisions hereof. Except as set forth on Schedule 6(i), neither the Company nor any of its Subsidiaries has previously entered into any agreement granting any registration rights with respect to any of its securities to any Person that have not been satisfied in full.

  • Inconsistency In the event of any inconsistency between the provisions of the Schedule and the other provisions of this Master Agreement, the Schedule will prevail. In the event of any inconsistency between the provisions of any Confirmation and this Master Agreement (including the Schedule), such Confirmation will prevail for the purpose of the relevant Transaction.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!