Modification Right Sample Clauses

Modification Right a. HiveMQ may make changes to this Subscription Terms from time to time subject to the following conditions: i. Unless noted otherwise, material changes to the Agreement will become effective 30 days after they are communicated to Customer. ii. If the changes will apply to new features or functionalities or the changes are required by a court order or applicable law, they will be effective immediately. b. HiveMQ shall have the following objection right in connection to changes to the Subscription Terms as set forth in Section “Modification Rights”: i. If a change to the Subscription Terms (other than as described in Section “Modification Rights”, point 2) has a material adverse impact on Customer, then Customer may object to the change by notifying HiveMQ within 30 days after HiveMQ provides notice. ii. If Customer so notifies HiveMQ, then Customer, in case a Subscription Period was agreed between the Parties, will remain governed by the Subscription Terms in effect immediately before the change until the earlier of: (a) the end of the then-current Subscription Period; or (b) 12 months after the notice was given.
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Modification Right a. HiveMQ may make changes to this Agreement from time to time subject to the following conditions: i. Unless noted otherwise, material changes to the Agreement will become effective 30 days after they are communicated to Customer. ii. If the changes will apply to new features or functionalities or the changes are required by a court order or applicable law, they will be effective immediately. b. HiveMQ shall have the following objection right in connection to changes to the Agreement as set forth in Section “Modification Rights”: i. If a change to the Agreement (other than as described in Section “Modification Rights”, point 2) has a material adverse impact on Customer, then Customer may object to the change by notifying HiveMQ within 30 days after HiveMQ provides notice. ii. If Customer so notifies HiveMQ, then Customer, in case a Subscription Period was agreed between the Parties, will remain governed by the Agreement in effect immediately before the change until the earlier of: (a) the end of the then-current Subscription Period; or (b) 12 months after the notice was given.
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Modification Right. The development, provision and operation of the Service is work in progress. In order to maintain a uniform product and allocate resources commercially reasonable and in favor of a progressive and modern product experience and/or in order to keep up with good industry standards regarding security, reliability or regulatory compliance of the Service, only with respect to certain features, functions or parts of HiveMQ Platform, HiveMQ reserves the right from time to time to modify HiveMQ Platform and correspondingly amend the product definition as set forth in the Documentation, if (i) HiveMQ determines that an unusual low level of use across its customers of the respective function, feature or part, (ii) such unusual low level of use is disproportionate to the costs and efforts occurring from the provision of the respective function, feature or part to Customer and (iii) such function, feature or part does not form an essential part of the product for the performance of the fundamental contractual obligations.
Sample 1
Modification Right. At any time during the Term, [*] may ------------------ [*] to the [*] of the [*] of [*] to Inktomi as set forth in [*] (but not the [*] set forth therein) and/or the [*] of [*] as set forth in Section [*] above. [*] may [*] such [*] by giving notice to Inktomi, whereupon the parties will [*] to discuss such [*]. If the parties are [*] to [*] with respect to the [*] within [*] ([*]) days, then [*] shall have the [*] to [*] this Agreement by giving [*] ([*]) [*] written notice to Inktomi.
Sample 1
Modification Right. Supplier grants the Customer the non-exclusive and non-transferable right to modify the Software source code ( “Modifications”), and to reassemble the Software in whole or in part, solely in order to: (i) pursue urgent maintenance work that would otherwise be performed by the Supplier in the form of Maintenance Services or (ii) achieve interoperability between the Software and other software used by the Customer. In the case of a timely limited Developer License the modification right pursuant to this Section is limited to the Subscription Period. If the Customer exercises the modification right, the Supplier will no longer maintain and provide warranty for the Software (including the Modifications) or defend and indemnify the Customer in case of infringement claims. Customer shall indemnify, defend and hold harmless the Supplier from all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with any claim brought against Supplier by a third party for an infringement of such third party’s intellectual property rights relating to the Modifications in accordance with the procedures and conditions set forth in Section 18. Customer shall pursue reasonable efforts to provide all necessary information about such Modifications to Supplier, such that remedies can be applied to new Releases. Maintenance Services and warranties will be re- established under the terms of this Agreement as soon as the Supplier has released a new Release including the necessary remedies.
Sample 1
Modification Right. Supplier grants the Customer the non-exclusive and non-transferable right WR PRGLI\ WKH 6RIWZDUH VRXUFH FRGH Ȋ0R the Software in whole or in part, solely in order to: (i) pursue urgent maintenance work that would otherwise be performed by the Supplier in the form of Maintenance Services or (ii) achieve interoperability between the Software and other software used by the Customer. In the case of a timely limited Developer License the modification right pursuant to this Section is limited to the Subscription Period. If the Customer exercises the modification right, the Supplier will no longer maintain and provide warranty for the Software (including the Modifications) or defend and indemnify the Customer in case of infringement claims. Customer shall indemnify, defend and hold harmless the Supplier from all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with any claim brought against Supplier by a third party for an LQIULQJHPHQW RI VXFK WKLUG SDreUlaWtin\g ȇtoVth e LQWHOO Modifications in accordance with the procedures and conditions set forth in Section 18. Customer shall pursue reasonable efforts to provide all necessary information about such Modifications to Supplier, such that remedies can be applied to new Releases. Maintenance Services and warranties will be re- established under the terms of this Agreement as soon as the Supplier has released a new Release including the necessary remedies.
Sample 1

Related to Modification Right

  • Modification; Waiver No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

  • Modification, Extension and Renewal of Options The Board or a duly appointed committee thereof, may modify, extend or renew this Option or accept the surrender thereof (to the extent not theretofore exercised) and authorize the granting of a new option in substitution therefore (to the extent not theretofore exercised), subject at all times to the Code and applicable securities laws. Notwithstanding the foregoing provisions of this Section 12, no modification shall, without the consent of the Recipient, alter to the Recipient’s detriment or impair any rights of Recipient hereunder.

  • MODIFICATION; NO WAIVER This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement will be deemed to have been waived, nor will there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument by the party charged with such waiver or estoppel. No such written waiver will be deemed a continuing waiver unless specifically stated therein, and each such waiver will operate only as to the specific term or condition waived and will not constitute a waiver of such term or condition for the future or as to any other term or condition.

  • Modification, Waiver in Writing No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

  • Modifications; Amendment This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Noteholder. Additionally, for as long as any Note is contained in a Securitization Trust, the Noteholders shall not amend or modify this Agreement without first receiving a Rating Agency Confirmation; provided that no such confirmation from the Rating Agencies shall be required in connection with a modification or amendment (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Servicing Agreement, (ii) entered into pursuant to Section 32 of this Agreement or (iii) to correct or supplement any provision herein that may be defective or inconsistent with any other provisions of this Agreement.

  • MODIFICATIONS TO LEASE Notwithstanding any other provisions in the Lease, during the term of this Contract Owner and Tenant mutually agree that:

  • Modification of Rights The rights of the Optionee are subject to modification and termination in certain events as provided in this Option Agreement and the Plan.

  • MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the Couple only by an instrument in writing signed by both of them, an oral agreement to the extent that the Couple executes it, or an in-court oral agreement made into an order by a court of competent jurisdiction.

  • Modification; Waivers No modification, termination or attempted waiver of this Agreement will be valid unless in writing, signed by the party against whom such modification, termination or waiver is sought to be enforced.

  • Modifications to this Agreement This Agreement constitutes the entire understanding of the parties on the subjects covered. Employee expressly warrants that he or she is not accepting this Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company.

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