Internet Facilities and Services Sample Clauses

Internet Facilities and Services. UPN agrees to lease the Internet Facilities to District, and to provide the Internet Services to District, in accordance with the terms of this Agreement. The Internet Facilities and Internet Services are more fully described in Schedule A attached hereto. For clarity, the Internet Facilities are owned by UPN, the Internet Facilities will continue to be owned by UPN following the expiration or termination of this Agreement, and the District has no option or other right to purchase or otherwise acquire the Internet Facilities from UPN. The Parties intend that this Agreement shall operate as a “lease”, as defined by Missouri law. Nothing in this Agreement shall be construed to result in the transfer of title to any part of the Internet Facilities to District or in the creation of a “security interest” within the meaning of Missouri law. District disclaims any interest it may claim in the materials, equipment, fiber optic cable and all personal property installed by UPN as a fixture on to the real property of the District. District shall keep UPN’s Internet Facilities free from all liens, including but not limited to mechanics liens, and encumbrances by reason of the use of the Internet Facilities by District. District’s use of the Internet shall be limited to District. District may not assign, lease, or allow any other party the right to use the Internet Facilities without UPN’s express consent. Any other use shall constitute a refusal to perform a material obligation under Paragraph 11(a) and shall be grounds for UPN to terminate for cause.
Sample 1
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Internet Facilities and Services. UPN agrees to lease Internet Facilities and provide the Internet Services to the Customer, as described in further detail within Schedule A attached hereto. The Internet Facilities are owned by UPN and will continue to be owned by UPN following the expiration or termination of this Agreement. This Agreement shall operate as a “lease” as defined by applicable law. Nothing in this Agreement shall be construed as a transfer of title to any part of the Internet Facilities to the Customer or the creation of a security interest. The Customer disclaims any interest it may claim in the materials, equipment, fiber optic cable, and all personal property installed by UPN on the real property of the Customer. The Customer shall keep UPN’s Internet Facilities free from all liens and encumbrances. The Customer’s use of the Internet Facilities and Internet Services shall be limited to the Customer. The Customer may not assign, lease, or allow any other party the right to use the Internet Facilities without UPN’s express consent. Any other use shall be considered default under Section 11(a).
Sample 1

Related to Internet Facilities and Services

  • INTELLECTUAL PROPERTY The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Independent Contractor The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:

  • GRIEVANCE PROCEDURE 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Authority Each party represents that it is authorized to bind to the terms of this DPA, including confidentiality and destruction of Student Data and any portion thereof contained therein, all related or associated institutions, individuals, employees or contractors who may have access to the Student Data and/or any portion thereof.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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