Ownership of the System. Licensee acknowledges and will not contest, either directly or indirectly, Licensor's (or its affiliates', as the case may be) unrestricted and exclusive ownership of the System and any element(s) or component(s) thereof, and acknowledges that Licensor has the sole right to grant licenses to use all or any element(s) or component(s) of the System. Licensee specifically agrees and acknowledges that Licensor (or its affiliates) is the owner of all right, title and interest in and to the service xxxx "Homewood Suites", its distinguishing characteristics, trade names, service marks, trademarks, logos, copyrights, slogans, etc., and all other marks associated with the System ("MARKS") together with the goodwill symbolized thereby and that Licensee will not contest directly or indirectly the validity or ownership of the Marks either during the term of this Agreement or at any time thereafter. All improvements and additions whenever made to or associated with the System by the parties to this Agreement or anyone else, and all service marks, trademarks, copyrights, and service xxxx and trademark registrations at any time used, applied for or granted in connection with the System, and all goodwill arising from Licensee's use of the Marks shall inure to the benefit of and become the property of Licensor (or its applicable affiliate). Upon expiration or termination of this Agreement, no monetary amount shall be assigned as attributable to any goodwill associated with Licensee's use of the System or any element(s) or component(s) of the System including the name or Marks.
Ownership of the System. Landlord acknowledges, understands and agrees that Tenant is the exclusive owner and operator of the System, and that all components, equipment and other tangible personal property comprising the System shall remain the sole and exclusive personal property of Tenant and shall not become fixtures, notwithstanding the manner in which the System is or may be attached to the Premises and the realty constituting same. Landlord shall have no right, title or interest in the System or any components, equipment and other tangible personal property comprising the System notwithstanding that all or portions of the System may be physically mounted or adhered to the Premises or buildings, fixtures or structures on the Premises.
Ownership of the System. Franchisee agrees that:
1. Franchisor and its Affiliates are the owners or licensees of all right, title and interest in and to the System (except certain Electronic Systems provided by third parties), and all goodwill arising from Franchisee’s use of the System, including the Proprietary Marks, will inure solely and exclusively to the benefit of Franchisor and its Affiliates. On the expiration or termination of this Agreement, no monetary amount will be attributable to any goodwill associated with Franchisee’s use of the System;
2. the Proprietary Marks are valid and serve to identify the System and System Hotels, and any infringement of the Proprietary Marks will result in irreparable injury to Franchisor;
3. the Proprietary Marks may be deleted, replaced or modified by Franchisor or its Affiliates in their sole discretion. Franchisor may require Franchisee, at Franchisee’s expense, to discontinue or modify Franchisee’s use of any of the Proprietary Marks or to use one or more additional or substitute marks;
4. Franchisee will not directly or indirectly: (i) attack the ownership, title or rights of Franchisor or its Affiliates in the System; (ii) contest the validity of the System or Franchisor’s right to grant to Franchisee the right to use the System in accordance with this Agreement; (iii) take any action that could impair, jeopardize, violate or infringe any part of the System; (iv) claim any right, title, or interest in the System except rights granted under this Agreement; or (v) misuse or harm or bring into disrepute the System;
5. Franchisee has no, and will not obtain any, Ownership Interest in any part of the System (including any modifications made by or on behalf of Franchisee or its Affiliates). Franchisee assigns, and will cause each of its employees or independent contractors who contributed to System modifications to assign, to Franchisor, in perpetuity throughout the world, all rights, title and interest (including the entire copyright and all renewals, reversions and extensions of such copyright) in and to such System modifications. Except to the extent prohibited by Applicable Law, Franchisee waives, and will cause each of its employees or independent contractors who contributed to System modifications to waive, all “moral rights of authors” or any similar rights in such System modifications. For the purposes of this Section 11.2.B.5, “modifications” includes any derivatives and additions; and
6. Franchisee will execute, or cause to be...
Ownership of the System. 15.1 No provision of this Agreement, including the use of the cash basis for rate studies, shall be construed to create any Customer ownership or equity in the System. Customer payments (whether past, present, or future) shall not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity in the System.
15.2 This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the parties. Each party shall be an independent contractor and shall be responsible at all times for directing its employees in the course of their duties.
Ownership of the System. Nothing in this Agreement shall have the effect of passing to the Customer or any other Person any right, title or interest in or to the System or any electric energy, mandatory or voluntary federal, state or local renewable energy rebates, subsidies, incentive payments, tax credits, grants or other monetary benefits or incentives related to the System, all of which shall be the sole property of the System Owner and its affiliates and assigns, as applicable.
Ownership of the System. As of the date hereof, MBI is the sole owner of the System and all elements, characteristics and property thereof, and all goodwill associated therewith. Except for rights specifically granted pursuant to this Agreement, the CI License Agreement, the CWI License Agreements, the Florida License Agreement and the Joint Venture License Agreement, none of the Carrabba Entities or the Principals have any right, title, interest or claim in or to the System or any element, characteristic or property thereof, nor any goodwill associated therewith. Upon execution and delivery hereof, CIGI shall be the sole owner of the System and Proprietary Marks and all elements, characteristics and properties thereof, and all goodwill associated therewith, and no other person or entity shall have any right or claim thereto except pursuant to and as provided in the CI License Agreement, the CWI License Agreement, the Florida License Agreement and the Joint Venture License Agreements.
Ownership of the System. 21.1. The Hardware and complementary equipment to be supplied pursuant to the Contract and being part/segment of any Part of the System shall become the property of the Purchaser at whichever is the latter of the following times:
(a) when Supply of the respective Part of the System is dully finalised and the respective Taking Over Certificate is issued by the Purchaser according to the Contract, or
(b) when by virtue of Section 22 the Contractor has received the payment of the respective part of the Contract Price.
21.2. The risk of accidental loss or damage to the System shall pass to the Purchaser in accordance with respective Section 25.
Ownership of the System. The Seller shall be the sole and exclusive owner of the System. The Seller shall, at its sole cost and expense, maintain the System in good condition and repair in accordance with the terms and conditions of all applicable licenses, permits, certificates, approvals, and laws including, but not limited to, the Manitoba Electrical Code. The Seller shall not make any repairs to the System which could adversely affect the operation and maintenance of the Electrical System without MH’s prior written consent.
Ownership of the System. The "CUSTOMER" expressly accepts and acknowledges that "INTERCAM BANCO" is the owner or holder of the rights of the means of access and the programs that allow him/her to make use of the services identified above, therefore, without the consent of the latter, the "CUSTOMER" may not transfer, disclose or make any other use, in whole or in part, of said means of access and programs, disclose or give a different use totally or partially to such means of access and programs, otherwise, he/she will be responsible for the damages caused to "INTERCAM BANCO" and/or third parties, the foregoing regardless of the judicial, administrative or any other type of actions that "INTERCAM BANCO" may be entitled to. The "CUSTOMER" accepts that it is his/her responsibility the administration of the information generated through the use of these services and that is stored in his/her computer or in any other media, in the elements of information storage integrated to the same or backed up in flexible disk and any other media that exists or may exist, and may be modified by persons who have access to the mentioned media.
