Limitations to Exclusivity Sample Clauses

Limitations to Exclusivity. The award of this Agreement shall not preclude the materials listed 51 below from being delivered to and Collected and Transported by others provided that nothing in 52 this Agreement is intended to or shall be construed to excuse any Person from obtaining any 53 authorization from the County which is otherwise required by law: 54 1. Recyclable Materials. Recyclable Materials that are either donated or sold, by the generator 55 of the materials, to a party other than Contractor. A mere discount or reduction in price of 56 Contractor’s charges for the handling of such materials is not a sale or donation within the 57 meaning of this Agreement. The materials shall be deemed “solid waste” within the 58 meaning of California Public Resources Code Section 40191, and for purposes of this 59 Agreement shall be regulated as such, whether or not they may be potentially recyclable, in 60 either of the following instances: (a) the material is mixed or commingled with other types 61 of solid waste, or (b) the payment of a fee, charge, or other consideration, in any form or 62 amount, is directly or indirectly solicited or received from the generator by any person or 63 combination of persons in exchange for collection, removal, transportation, storage, 64 processing, handling, consulting, container rental or disposal services (“fee for service” 65 recycling), whether or not arranged by or through a subcontractor, broker, agent, 66 consultant, or affiliate of the provider of such service;
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Limitations to Exclusivity. The Parties agree that nothing in this Article 2.7, or this Agreement may be interpreted to in any way grant Company any rights in or access to Intellectual Property owned by or licensed to, the PE Biosystems Division, or any other Division, Subsidiary, or Affiliate of The Xxxxxx-Xxxxx Corporation (collectively, "P-E") now existing or that may exist in the future, other than that Intellectual Property which are, or may, in the future, be available by purchase of products from P-E or accessed through services contracted with XX XxXxx.
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Limitations to Exclusivity. The award of this Agreement shall not preclude the materials listed 51 below from being delivered to and Collected and Transported by others provided that nothing in 52 this Agreement is intended to or shall be construed to excuse any Person from obtaining any 53 authorization from the County which is otherwise required by law: 54 1. Recyclable Materials. Recyclable Materials that are either donated or sold, by the generator 55 of the materials, to a party other than Contractor. A mere discount or reduction in price of 56 Contractor’s charges for the handling of such materials is not a sale or donation within the 57 meaning of this Agreement. The materials shall be deemed “solid waste” within the 58 meaning of California Public Resources Code Section 40191, and for purposes of this 59 Agreement shall be regulated as such, whether or not they may be potentially recyclable, in 60 either of the following instances: (a) the material is mixed or commingled with other types 61 of solid waste, or (b) the payment of a fee, charge, or other consideration, in any form or 62 amount, is directly or indirectly solicited or received from the generator by any person or 63 combination of persons in exchange for collection, removal, transportation, storage, 64 processing, handling, consulting, container rental or disposal services (“fee for service” 65 recycling), whether or not arranged by or through a subcontractor, broker, agent, 66 consultant, or affiliate of the provider of such service; 67 2. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of materials 68 generated in or on their own Premises using their own vehicles and equipment, and, with 69 respect to a commercial business, it own employees; 70 3. Donated Materials. Any items which are donated by the Generator to youth, civic, or 71 charitable organizations; 72 4. Beverage Containers. Containers delivered for Recycling under the California Beverage 73 Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public 74 Resources Code; 75 5. Materials Removed by Customer’s Contractor as Incidental Part of Services. Solid Waste 76 and/or Recyclable Materials removed from a Premises by a contractor (e.g., gardener, 77 landscaper, tree-trimming service, construction contractor, Residential clean-out service), 78 using its own employees, vehicles and equipment as an incidental part of the service being 79 performed and such contractor is providing a service which is not ...
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Limitations to Exclusivity. Licensee’s exclusive rights set forth in Section 2 are subject to Licensee’s annual revenue from sales of the LPER Product increasing 15% over the previous year (“Minimum Annual Increase”). If Licensee’s yearly revenue for the LPER Product fails to achieve the Minimum Increase, then the exclusive rights in Section 2.1 shall convert to non-exclusive rights. Furthermore, such exclusive rights shall convert to non-exclusive rights if Licensee’s annual revenue for any year is less than US$1,000,000. Licensee shall make best efforts to market and license the LPER Product in the Territory.
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Limitations to Exclusivity 
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Related to Limitations to Exclusivity

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • No Exclusivity It is expressly understood and agreed by the parties that this is not an exclusive agreement. Nothing in this Agreement shall be construed as creating any exclusive arrangement with Contractor or as prohibit City from either acquiring similar, equal, or like goods and/or services or from executing additional contracts with other entities or sources.

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Additional Exclusions The Insurer shall not be liable for: (i) expenses for “clean-up” away from or beyond the “premises” resulting from any spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants” even if the “pollutants” emanated from the “premises”; (ii) expenses for “clean-up” of any spill discharge, emission, dispersal, seepage, leakage, migration or escape of “pollutants” that began before the effective date of this Policy; (iii) fines, penalties, punitive or exemplary damages; (iv) expenses incurred for the “clean-up” of “pollutants” at or from any “premises”, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste.

  • Limitations of Use The Services and Atlantic Broadband Equipment, including any firmware or software embedded in Atlantic Broadband Equipment or used to provide the Services, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions. You are granted a limited, non-sublicensable, non- transferable, revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with the Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in Atlantic Broadband Equipment or used to provide the Services. You expressly agree that you will use Atlantic Broadband Equipment exclusively in connection with the Services. You shall not reverse, compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. If you decide to use the Services through an interface device not provided by Atlantic Broadband, which Atlantic Broadband reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights to use that interface device with the Services, including all software and firmware licenses. You will indemnify and hold harmless Atlantic Broadband against any and all liability arising out of your use of such interface device with the Services.

  • Exceptions to Limitations These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.

  • Usage Limitations You shall use best efforts to ensure that only Authorized Customer Support Users are provided access to the Service Desk Infrastructure and Student Support Services, including not causing or permitting third parties to access such infrastructure or services.

  • Xxxxx of License; Limitations The Engineer is granted a limited revocable non-exclusive license to use the registered TxDOT trademark logo (TxDOT Flying “T”) on any deliverables prepared under this contract that are the property of the State. The Engineer may not make any use of the registered TxDOT trademark logo on any other materials or documents unless it first submits that request in writing to the State and receives approval for the proposed use. The Engineer agrees that it shall not alter, modify, dilute, or otherwise misuse the registered TxDOT trademark logo or bring it into disrepute.

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