Common use of Owner’s Limited License Upon Design-Builder’s Default Clause in Contracts

Owner’s Limited License Upon Design-Builder’s Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 15.2 and (i) it is adjudged that Design-Builder was in default, and (ii) Owner has fully satisfied all of its obligations under the Contract Documents through the time of Design-Builder's default, then Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion and occupancy and repair of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party; provided, however, that any "pass through" warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms. This limited license grants Owner the ability to repair the Project at Owner's discretion.

Appears in 2 contracts

Samples: License Agreement (Red Trail Energy, LLC), License Agreement (Red Trail Energy, LLC)

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Owner’s Limited License Upon Design-Builder’s Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 15.2 11.2 of the General Conditions of Contract and (i) it is adjudged determined that Design-Builder was in default, default and (ii) Owner has fully satisfied all of its obligations under the Contract Documents through the time of Design-Builder's default, then Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion and occupancy occupancy, [*] and repair of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party; provided, however, that any "pass through" warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms. This limited license grants would grant Owner the ability to repair the Project at Owner's discretion.

Appears in 1 contract

Samples: License Agreement (Aventine Renewable Energy Holdings Inc)

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Owner’s Limited License Upon Design-Builder’s Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 15.2 11.2 of the General Conditions of Contract and (i) it is adjudged determined that Design-Builder was in default, default and (ii) Owner has fully satisfied all of its obligations under the Contract Documents through the time of Design-Builder's default, then Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion and occupancy occupancy, operation, maintenance and repair of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party; provided, however, that any "pass through" warranties regarding equipment or express warranties regarding equipment provided by this Agreement shall remain in effect according to their terms. This limited license grants would grant Owner the ability to repair the Project at Owner's discretion.

Appears in 1 contract

Samples: License Agreement (Aventine Renewable Energy Holdings Inc)

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