Common use of No Agency; Right to Subcontract Clause in Contracts

No Agency; Right to Subcontract. (a) Nothing in this Agreement or in any other document related to this transaction, and no action of or inaction by either of the Parties hereto shall be deemed or construed to constitute an agency relationship between the Parties hereto. Each Party is acting independently of the other and neither Party has the authority to act on behalf of or bind the other. (b) Notwithstanding anything to the contrary contained herein, Publisher shall be permitted, at any time and from time to time, to carry out or otherwise fulfill its obligations set forth in Section 3.1(a) through one or more agents, subcontractors or other representatives, each engaged with due care and required to be experienced, capable and of similar quality as Publisher, provided that in any event Publisher shall remain liable for such obligations. Notwithstanding the foregoing, Publisher shall not have the right to sublicense any marks or other intellectual property granted under this Agreement, unless otherwise agreed in writing by the Parties.

Appears in 5 contracts

Samples: Publishing Agreement (Fairpoint Communications Inc), Distribution Agreement (Fairpoint Communications Inc), Publishing Agreement (Idearc Inc.)

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No Agency; Right to Subcontract. (a) Nothing in this Agreement or in any other document related to this transaction, and no action of or inaction by either of the Parties hereto shall will be deemed or construed to constitute an agency relationship between the Parties hereto. Each Party is acting independently of the other and neither Party has the authority to act on behalf of or bind the other. (b) Notwithstanding anything to the contrary contained herein, Publisher shall will be permitted, at any time and from time to time, to carry out or otherwise fulfill its obligations set forth in Section 3.1(a) Publishing Obligations hereunder through one or more agents, subcontractors or other representatives, each engaged with due care and required to be experienced, capable and of similar quality as Publisher, provided that in any event Publisher shall will remain liable for such obligationsobligations hereunder. Notwithstanding the foregoing, Publisher shall will not have the right to sublicense any marks or other intellectual property granted under this Agreement, unless otherwise agreed in writing by the Parties.

Appears in 4 contracts

Samples: Publishing Agreement (Dex Media Inc), Publishing Agreement (Qwest Communications International Inc), Publishing Agreement (Dex Media International Inc)

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No Agency; Right to Subcontract. (a) Nothing in this Agreement or in any other document related to this transaction, and no action of or inaction by either of the Parties hereto shall will be deemed or construed to constitute an agency relationship between the Parties hereto. Each Party is acting independently of the other and neither no Party has the authority to act on behalf of or bind the otherany other Party. (b) Notwithstanding anything to the contrary contained herein, Publisher shall will be permitted, at any time and from time to time, to carry out or otherwise fulfill its obligations set forth in Section 3.1(a) Publishing Obligations hereunder through one (1) or more agents, subcontractors or other representatives, each engaged with due care and required to be experienced, capable and of similar quality as Publisher, ; provided that in any event Publisher shall will remain liable for such obligationsobligations hereunder. Notwithstanding the foregoing, Publisher shall will not have the right to sublicense any marks Licensed Marks, Domain Names or other intellectual property rights granted under this Agreement, unless otherwise agreed in writing by the Parties.

Appears in 1 contract

Samples: Publishing Agreement (Local Insight Yellow Pages, Inc.)

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