Common use of Licensor Obligations Clause in Contracts

Licensor Obligations. Licensor shall (a) fully perform all obligations and discharge all liabilities under any licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology (including without limitation wherever there is a reference in this Section 4.3 to agreements “affecting” the LMT Technology, all obligations under the Apple Agreement (and all instruments or agreements entered in to by Licensor pursuant to or in connection with the Apple Agreement) as and when the same are to be performed; (b) without limiting the generality of the foregoing, pay, prior to delinquency, all insurance premiums, taxes, charges, liens and assessments against the LMT Technology and all amounts that become due and payable under any trade secrets, licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology; (c) promptly upon written request of Licensee, request and provide copies of invoices or a report from the annuity paying service with respect to payments described in the preceding clause (b) and notice of any payments made pursuant to this Section 4.3, and provide copies of documents as may be reasonably necessary or advisable to confirm that Licensor has performed the obligations set forth in this Section 4.3; (d) promptly following receipt thereof, deliver copies of all notices alleging any breach or default under or asserting any adverse claim in respect of any trade secrets, licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology; and (e) upon written request from Licensee, provide Licensee with reasonably detailed reports and copies of documents as may be reasonably necessary or advisable to confirm that Licensor has performed the foregoing obligations. Licensor hereby irrevocably appoints Licensee as its true attorney in fact to perform (at Licensor’s expense) any of the following powers, which are coupled with an interest, and may be exercised from time to time by Licensee’s officers and employees, or any of them, to perform any obligations of Licensor under this Section 4.3, in Licensor’s name or otherwise, including without limitation obligations under the Apple Agreement and all instruments or agreements entered into by Licensor pursuant to or in connection with the Apple Agreement. For avoidance of doubt, Licensee shall have no obligation hereunder to exercise the rights granted pursuant to the preceding sentence.

Licensor Obligations. Licensor shall (a) fully perform all obligations and discharge all liabilities under any licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology (including without limitation wherever there is a reference in this Section 4.3 to agreements “affecting” the LMT Technology, all obligations under the Apple Agreement (and all instruments or agreements entered in to by Licensor pursuant to or in connection with the Apple Agreement) as and when the same are to be performed; (b) without limiting the generality of the foregoing, pay, prior to delinquency, all insurance premiums, taxes, charges, liens and assessments against the LMT Technology and all amounts that become due and payable under any trade secrets, licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology; (c) promptly upon written request of Licensee, request and provide Licensee with copies of all invoices or a report from the annuity paying service received with respect to payments described in the preceding clause (b) and notice of any payments made pursuant to this Section 4.34.3 upon making such payment, and upon request of Licensee, provide copies of documents as may be reasonably necessary or advisable to confirm that Licensor has performed the obligations set forth in this Section 4.3; (d) promptly following receipt thereof, deliver copies of all notices alleging any breach or default under or asserting any adverse claim in respect of any trade secrets, licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology; and (e) upon written request from Licensee, provide Licensee with reasonably detailed reports and copies of documents as may be reasonably necessary or advisable to confirm that Licensor has performed the foregoing obligations. Licensor hereby irrevocably appoints appoint Licensee as its true attorney in fact to perform (at Licensor’s expense) any of the following powers, which are coupled with an interest, and may be exercised from time to time by Licensee’s officers and employees, or any of them, to perform any obligations obligation of Licensor under this Section 4.3, in Licensor’s name or otherwise, including without limitation obligations under the Apple Agreement and all instruments or agreements entered into by Licensor pursuant to or in connection with the Apple Agreement. For avoidance of doubt, Licensee shall have no obligation hereunder to exercise the rights granted pursuant to the preceding sentence.

Licensor Obligations. It is noted that only extension loggers that are rented, not purchased, are subject to the licensor obligations as specified in 5 below. Extension loggers that are purchased are subject only to standard carry-in warranty conditions offered by the licensor, who reserves the right to charge for labour, travel and equipment, should there be a necessity. The Licensor therefore undertakes that - 5.1 The Licensor shall (a) fully perform use reasonable endeavors to support the Ecko package during the term of this agreement by providing telephonic and e-mail support during working hours; 5.2 The Licensor shall only be responsible to provide support for the Ecko package on the current versions of the Ecko package and the most recent version of the Ecko package in existence prior to the current version of the Ecko package; 5.3 The Licensor, at its sole discretion, reserves the right to issue new versions of the Ecko package and documentation; 5.4 The Licensor shall endeavour to provide corrections, updates and releases to the Ecko package at such times as it in its sole discretion shall determine. The Licensee shall be responsible for the installation of corrections, updates and releases to the Ecko package and for ensuring that its staff has the capability of carrying out such installations. Should the Licensee fail to install such systems correctly or at all obligations and discharge all liabilities under any licensesin accordance with the Licensor's instructions, sublicenses and other agreements included in the Licensor or otherwise affecting Ecko Approved Partner shall have the LMT Technology (including without limitation wherever there is a reference right to charge for services rendered in this Section 4.3 regard. Corrections, updates and releases to agreements “affecting” the LMT TechnologyEcko package arising as a result of a change in database used by the Ecko package are specifically excluded from this agreement; 5.5 If the Licensor cannot effect any correction telephonically, all obligations under the Apple Agreement (Licensor or an Ecko Approved Partner upon receipt of authorization from the Licensee, may in its sole discretion attend at the Licensee's premises to effect the correction, in which event such attendance together with traveling time and all instruments expenses shall be charged to the Licensee by the Licensor or agreements entered an Ecko Approved Partner; 5.6 The Licensor shall not be responsible for and shall not be obliged to correct errors which result – 5.6.1 From failure of computer or telephony equipment or other equipment, including, but not limited to machine/s operating the Ecko package, Switchboard P(A)BX’s, telephone hand units, sound card failures or incompatibilities, wires that have been removed accidentally or purposefully by licensee personnel or any other tampering by licensee personnel or other related parties; as well as failure of third party applications not developed by the Licensor and which are not covered by this agreement including faults in electrical supply and operator error from whatever cause or caused by cable or connector malfunction or breaks; 5.6.2 From environmental conditions including, but not limited to, conditions associated with humidity and air-conditioning; 5.6.3 From accident, negligence, misuse or default by the Licensee or any third party or due to by Licensor pursuant to a force majeure; 5.6.4 From failure of fixed or in connection with the Apple Agreement) as and when the same are to be performed; (b) without limiting the generality removable storage media; 5.6.5 From any version of the foregoing, pay, prior to delinquency, all insurance premiums, taxes, charges, liens and assessments against Ecko packages other than the LMT Technology and all amounts that become due and payable under any trade secrets, licenses, sublicenses and current version of the Ecko package; 5.6.6 From incompatibilities with handheld phone units or P(A)BX’s. 5.6.7 From direct or indirect damage as a result of lightning or other agreements included in or otherwise affecting severe climatic conditions. 5.7 Any time spent by the LMT Technology; (c) promptly upon written request of Licensee, request and provide copies of invoices or a report from the annuity paying service with respect to payments described in the preceding clause (b) and notice of any payments made pursuant to this Section 4.3, and provide copies of documents as may be reasonably necessary or advisable to confirm that Licensor has performed the obligations set forth in this Section 4.3; (d) promptly following receipt thereof, deliver copies of all notices alleging any breach or default under or asserting any adverse claim in respect of any trade secrets, licenses, sublicenses and other agreements included in or otherwise affecting the LMT Technology; and (e) upon written request from Licensee, provide Licensee with reasonably detailed reports and copies of documents as may be reasonably necessary or advisable to confirm that Licensor has performed the foregoing obligations. Licensor hereby irrevocably appoints Licensee as its true attorney in fact to perform (at Licensor’s expense) investigating an error caused by any of the following powers, which are coupled with above shall be charged at an interest, additional cost at the Licensor's then current rates of service and may be exercised from traveling on a time to time by Licensee’s officers and employees, or any of them, to perform any obligations of Licensor under this Section 4.3, in Licensor’s name or otherwise, including without limitation obligations under the Apple Agreement and all instruments or agreements entered into by Licensor pursuant to or in connection with the Apple Agreement. For avoidance of doubt, Licensee shall have no obligation hereunder to exercise the rights granted pursuant to the preceding sentencematerial basis.