Reservation of Rights NYISO and Connecting Transmission Owner shall have the right to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Developer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein.
RESERVATION OF MANAGEMENT RIGHTS 5.01 The Union acknowledges that it is the exclusive function of the Company to:
RESERVATION OF RIGHTS AND OWNERSHIP Arctic Wolf owns, or has the right to license, the Solutions, any associated Documentation (“Arctic Wolf Technology”). Customer acknowledges and agrees that (a) the Arctic Wolf Technology is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) Arctic Wolf retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Arctic Wolf Technology, excluding any rights, title, and interest in any Third Party Products (as defined in Section 12.3 below) which shall be retained by its third party licensor(s), any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, any Feedback, (c) there are no implied licenses and any rights not expressly granted to Customer hereunder are reserved by Arctic Wolf, (d) the Solution, excluding Professional Services, is licensed on a subscription basis, not sold, and Customer acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Arctic Wolf Technology, and
Preservation of Rights No delay or omission of the Lenders or the Administrative Agent to exercise any right under the Loan Documents shall impair such right or be construed to be a waiver of any Default or an acquiescence therein, and the making of a Loan notwithstanding the existence of a Default or the inability of the Borrower to satisfy the conditions precedent to such Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Loan Documents whatsoever shall be valid unless in writing signed by the Lenders required pursuant to Section 8.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Lenders until the Obligations have been paid in full.
Government’s Reservation of Rights The defendant understands that the United States expressly reserves the right in this case to:
Rights Reserved The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.
Ownership and Reservation of Rights Other than as expressly set forth in the Transaction Documents, no license or other rights in the Modernizing Medicine IP Rights are granted to Medical Practice or its Users, and all such rights are hereby expressly reserved by Modernizing Medicine. Additionally, and for avoidance of doubt, as between Modernizing Medicine and Medical Practice, Modernizing Medicine shall at all times retain sole and exclusive ownership of, or, as applicable, sole and exclusive rights as a licensee or sublicensee of, all of its copyrights, trademarks, trade names, trade dress, patents, software, source code, object code and other intellectual property rights with respect to the Modernizing Medicine IP, including, without limitation, all of the proprietary material provided and/or displayed by Modernizing Medicine at the Software, affiliated web sites, extranet, marketing materials or otherwise. Medical Practice acknowledges and agrees that the Modernizing Medicine IP may contain certain licensed materials and Modernizing Medicine’s licensors may independently protect their rights in the event of any violation of the Transaction Documents.
MANAGEMENT RIGHTS CLAUSE SECTION 1. The Employer retains full and exclusive authority for the management of its operation subject to the provisions of this Agreement. The Employer shall direct his working forces at his sole prerogative including, but not limited to, hiring, promotion, transfer, layoff or discharge for just cause as traditionally practiced within the Construction Industry. The Employer shall utilize the most efficient methods or techniques of construction, tools or labor saving devices. There shall be no limitations upon the choice of materials or design except those imposed by safety and health considerations.
Effect of Settlement/Reservation of Rights The following shall apply: