Pass Through Rights. To the extent Supplier or its Affiliates have, or during the term of this Agreement obtain, rights or benefits from any ODMs and Original Suppliers that are more favorable than those provided for in this Agreement, Supplier or the applicable Affiliate will pass on such rights to Customer.
Pass Through Rights. The License may be passed through to Licensee’s and Licensee’s Affiliates’ purchasers, sellers, importers, distributors or users of the Licensed Products, as applicable, and as incorporated into an integrated system (a “Licensed Combo Product”), but only as required to the extent that the manufacture, sale, offering to sell, import, use or other disposal of the Licensed Product within the Licensed Combo Product would infringe (including without limitation any forms of indirect infringement) one or more of the Licensed Patents as a result solely of the Licensed Product in the Licensed Combo Product; provided that if the Licensed Product is not cited as an essential element of the infringement contention with respect to the Licensed Combo Product, the Licensed Combo Product will not be deemed to be licensed hereunder.
Pass Through Rights. During the License Period, Licensee shall have the right to extend the rights granted herein with respect to the Licensed Properties to select and approved Licensee product retailers at which Licensee sells its products in the Business Category located in the Territory (“Licensee Retail Partners”) in order to develop custom marketing programs, in all cases subject to Licensor’s prior written approval (such approval not to be unreasonably withheld, conditioned or delayed); provided, however, that Licensor shall withhold approval (and it shall be deemed reasonable to do so) in the event that such Licensee Retail Partner sells [***] Indicates material that has been excluded from this Exhibit 10.31 because it is not material.
Pass Through Rights. Without limiting any of the direct warranties, representations, service agreements or indemnities hereunder, Allegiance hereby assigns to Genuity, and Genuity shall have the benefit of, any and all warranties, representations, service agreements and indemnities provided by Allegiance's subcontractors and suppliers with respect to equipment, software and other materials provided to Genuity hereunder, including particularly, the Ports. To the extent that such warranties, representations, service agreements and indemnities are not assignable by Allegiance, Allegiance agrees that Genuity may assert or enforce any right Allegiance may have to enforce such warranties, representations, service agreements and indemnities, or if such can only be enforced by Allegiance under its own name, upon written request by Genuity and at Genuity's expense, Allegiance shall take all reasonable action requested by Genuity to enforce such warranties, representations, service agreements and indemnities.
Pass Through Rights. As the Exclusive Marketing Partner, WPTE has the exclusive right to repackage, resell and otherwise monetize or generate profits from selling and/or marketing related rights to third parties seeking to be affiliated with the Tour; to designate Persons seeking to be affiliated with the Tour as third party sponsors of the Tour (“Third Party Sponsors”) and to license any and all of the rights noted in Section 2.1 above to the Third Party Sponsors for use within the Territory (the “Pass Through Rights”). The Pass Through Rights shall include the following exclusive rights:
Pass Through Rights. Without limiting Section 9(d), each party hereby assigns and passes through to the other party, and each party shall have the benefit of, all rights that either party obtains under representations, warranties, service agreements and indemnities given by its third party subcontractors or suppliers in connection with any Third Party Products provided by a party pursuant to this Agreement to the extent permitted by the applicable subcontractors or suppliers. To the extent that such representations, warranties, service agreements and indemnities are not assignable by a supplier, each party agrees that the other party may assert or enforce any right that either party may have to enforce such warranties, representations, service agreements, and indemnities, or if such can only be enforced by a party under its own name, upon written request by the other party, such party shall take all reasonable action requested by the other party to enforce such warranties, representations, service agreements, and indemnities.
Pass Through Rights. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, the License may be passed through to Seller’s and Seller’s Affiliates’ purchasers, sellers, importers, distributors or users of the Licensed Products, as applicable, and extends to an integrated system (a “Combined Licensed Product”) only as required to the extent that the manufacture, sale, offering to sell, import, use or other disposal of the Combined Licensed Product would not infringe (including without limitation any forms of indirect infringement) one or more claims or any of the Acquisition Patents but for the inclusion of a Licensed Product within the Combined Licensed Product;
Pass Through Rights. The ICG Transition Services shall be provided by ICG to Level 3 in substantially the same manner and on substantially the same basis (including as to policies, procedures, practices and timeliness) as the goods and services provided to ICG under existing contractual arrangements relating to the Business. Without limiting the generality of the foregoing, ICG agrees to perform the ICG Services to the standards and service levels set forth in the respective Assumed Customer Contracts (“SLA Standards”). If and to the extent that ICG is or becomes entitled to exercise any rights or remedies from underlying carriers or subcontractors used to deliver the ICG Transition Services, and if and to the extent ICG does not promptly enforce such rights and remedies, ICG hereby assigns such right and remedies to Level 3 with respect to the ICG Transition Services. ICG agrees to enforce and prosecute such rights and remedies upon consultation with Level 3 with respect thereto.
Pass Through Rights. Provided that such use does not conflict with another sponsor and/or sponsor’s pass-through partner of AA Sponsor Group and Drivers, and subject to prior approval by AA, Sponsor shall have the right to permit its strategic partners, distributors, vendors and customers within its exclusive category and designation as set forth in the Agreement to use AA, Entries’ and Drivers’ promotional rights and other benefits contained herein and as outlined in Exhibit C for the Races, which approval shall not be unreasonably withheld, conditioned or delayed. Any Sponsor pass-through partner shall be subject to AA’s reasonable approval and shall not conflict with AA Sponsor Group’s and Drivers’ then-existing team sponsors, prospective sponsor and/or sponsors’ pass-through partners. AA understands, acknowledges, and agrees that the logos, trademarks, corporate names, pictures, and descriptions of the products and/or services of Sponsor’s customers may be featured prominently in such branding; provided, however: i) such materials shall not be utilized in any promotional materials or Team related materials without the use of Sponsor’s logo, trademarks, corporate name and/or Sponsor’s products, and ii) such materials shall not be more prominent than Sponsor’s logo, trademarks, corporate name and/or Sponsor’s products. A pass-through entity to which Sponsor passes through any of its AA, Entries and Drivers promotional rights which involve any display of such entity’s name, logo, trademark, trade name or other intellectual property must provide to AA Sponsor Group and Drivers in writing, a license for use thereof, and give the same representations, warranties, indemnities, and insurance coverage to AA Sponsor Group and Drivers as Sponsor has given in this Agreement with respect to use of Sponsor’s name, logo, trademark, trade name, and other intellectual property and be subject to the approval requirements as stated in paragraph 6 or elsewhere in this Agreement.
Pass Through Rights. Subject to mandatory law, the Parties agree and acknowledge that any pass-through rights under any NOKIA Licensed Patents that may under applicable law be enjoyed by any direct or indirect recipients of Licensed Products Sold by SONIM or its Affiliate (such as distributors, resellers, retailers, customers or other downstream vendees), shall exclude (i) any subsequent modifications made by or for any third party to such Licensed Products (ii) any combination of such Licensed Products with any other product or item not licensed hereunder, where the relevant patent claim applies to such combination and not solely to the Licensed Product itself, (iii) any method or process unless all steps of the method or process are entirely implemented by the inherent use of Licensed Product in the form first used or sold by SONIM; and (iv) any method or a process involving the use of a Licensed Product to manufacture (including associated testing of) any other product. Patent License Agreement dated 23rd September 2008 between NOKIA and SONIM TECHNOLOGIES CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE SONIM TECHNOLOGIES, INC. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO SONIM TECHNOLOGIES, INC. IF PUBLICLY DISCLOSED.
