Pre-Existing Material. If Producer or the director shall select any Pre-Existing Material that cannot be licensed or otherwise acquired at a total cost not to exceed the Pre-Existing Material Budget, then Completion Guarantor may require Producer to use alternative Pre-Existing Material unless Producer or a person other than Completion Guarantor shall pay for any such excess costs. The licensing or other acquisition and cost of any Pre-Existing Material for use in the Film shall be at the sole discretion of Completion Guarantor if Completion Guarantor shall take over Production and Delivery.
Pre-Existing Material. All pre-existing software and other materials developed or otherwise obtained by or for Contractor or its affiliates independently of the Contract or applicable Purchase Orders are not part of the work product to which rights are granted State under subparagraph 3.9.1 above, and will remain the exclusive property of Contractor, provided that: (a) any derivative works of such pre-existing material or elements thereof that are created pursuant to the Contract are part of that work product; (b) any elements of derivative work of such pre-existing material that was not created pursuant to the Contract are not part of that work product; and (c) except as expressly stated otherwise, nothing in the Contract is to be construed to interfere or diminish Contractor’s or its affiliates’ ownership of such pre-existing materials.
Pre-Existing Material. In the event Hazardous Materials or contamination therefrom are found as an existing condition at the site or is brought on to the Site by Owner or a separate contractor of Owner or any contamination, spill or other condition requiring clean up, abatement or remediation caused by any act or omission of Company or its employees, agents or separate contractor (“Owner Hazardous Materials”), Owner shall be responsible for all such Owner Hazardous Materials and conditions. CM/GC may coordinate any necessary abatement efforts of Owner at Owner's request. However, Owner shall contract directly with licensed and qualified entities to perform all necessary abatement work.
Pre-Existing Material. (a) This clause 13 does not affect the ownership of the Intellectual Property Rights in any Pre-existing Material.
(b) The Grantee grants to, or will procure for, the Commonwealth a permanent, irrevocable, royalty-free, worldwide, non-exclusive licence (including a right of sub- licence) to use, reproduce, communicate, adapt and exploit the Intellectual Property Rights in Pre-existing Material in conjunction with the Project Material.
Pre-Existing Material. 12.2.1. Nothing in this Agreement affects or transfers the ownership of Intellectual Property Rights held by any Participant in material existing as at the date of this Agreement unless expressly provided otherwise.
12.2.2. Nothing in this clause 12 affects ownership of Intellectual Property Rights in any of the Licensed Software or any other third party material.
Pre-Existing Material. 50 Each party retains ownership of all Intellectual Property Rights in their respective Pre-Existing Material (even if incorporated into a Deliverable), and no such Intellectual Property Rights are assigned or transferred to the other party by way of this agreement. 51 On the creation of any Deliverable containing any Pre-Existing Material belonging to us, we grant you a non-exclusive, irrevocable, royalty-free licence to use that Pre-Existing Material to the extent incorporated as part of any Deliverable.
Pre-Existing Material. Both Parties shall retain ownership (including all intellectual property rights therein) in all material including any software, data, records, materials, symbols, inventions, reports and other foreground Intellectual Property provided to each other under this Agreement and associated SOWs, which is owned by that Party (or its licensors) prior to the other Party’s receipt. Each Party grants to the other, a non-exclusive, non-transferable, paid-up license to use any Pre-existing Materials solely as reasonably necessary to perform the services associated with an SOW. Both Party’s license to use Pre-existing Materials shall automatically expire upon the earlier of Client no longer requiring Service Provider’s Pre-existing Material to perform the applicable Statement of Work or upon the termination or expiration of this Agreement.
Pre-Existing Material. If Producer or the Director shall select any Pre-Existing Material that cannot be licensed or otherwise acquired at a total cost not to exceed the Pre-Existing Material Budget, then Completion Guarantor will have the right to require alternative Pre-Existing Material to be used unless Producer shall cause the funds needed to cover any such excess costs to be immediately deposited into the Production Account from sources other than Completion Guarantor.
Pre-Existing Material. This Agreement does not affect any Contractor right or proprietary interest existing prior to or independent of performance of Services under this Agreement (“Pre-existing Material”). If Contractor provides Pre-existing Material in connection with the Products or Services, Contractor, to enable full use and benefit of the Products/Services, grants to Company an irrevocable, unrestricted, non-exclusive, paid-up, perpetual, worldwide license to use, duplicate, modify, sublicense, distribute, or display the Pre-existing Material. Contractor must identify any Pre-existing Material at or before the time it provides Products/Services incorporating the Pre-Existing Material and any Contractor tangible protected information disclosed to Company requires a “protected” or “confidential” label.
Pre-Existing Material. This Agreement does not affect any pre-existing Intellectual Property rights owned by Content Collective Co or licensed from a third party which may be used to create the Deliverables and performance of the Services or part of the Deliverables.
