Pre-existing Rights. In no case shall Sections 6.01 and 6.02 apply to, or prevent the Contractor from asserting or protecting its rights in any discovery, invention, report, document, data, photograph, deliverable, or other material in connection with or produced pursuant to this Agreement that existed prior to or was developed or discovered independently from the activities directly related to this Agreement.
Pre-existing Rights. Except to the limited extent required to perform a party’s obligations under this Agreement, neither party receives any right, title, or interest in or to any Research Materials provided to it by the other party or any technology, works or inventions of the other party that are not Research Program Inventions, or any patent, copyright, trade secret or other proprietary rights in any of the foregoing.
Pre-existing Rights. It is acknowledged and understood by the parties hereto that any and all Intellectual Property and research materials, which are in the possession of TU and COMPANY respectively prior to the execution of this Agreement, are independent sole property of the respective parties and in no way affected by this Agreement.
Pre-existing Rights. Xxxxxxx's rights hereunder shall not cover, shall be subject to and shall not supersede any existing valid oil and gas lease(s) or other agreement(s) for oil and gas development on the Property, such as an operating agreement or other exclusive geophysical agreement (Prior Agreements), whose effective date predates the Effective Date of this Agreement. Grantee must deal with said prior lessees or contractees separately and independently from this Agreement. Should any Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term or the Option Term, if activated, Grantee shall have the right to conduct 3D or other more advanced forms of geological or geophysical surveys or operations on the acreage of the terminated Prior Agreements subject to the following:
Pre-existing Rights. Each Party acknowledges that any and all Intellectual Property of the other Party existing as of the Effective Date is and shall continue to be owned by such other Party subject only to the licenses granted herein. Notwithstanding any other provision of this Agreement to the contrary, nothing shall be construed herein as transferring any Party’s ownership interest in such intellectual property to the other Party.
Pre-existing Rights. Grantee's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA ("Prior Agreements"). Grantee must conduct business with said prior lessees or contractees separately and apart from this EGA. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.
Pre-existing Rights. If, and to the extent that, any pre-existing rights are embodied or reflected in the Work Product, Supplier grants to the Commonwealth or the Authorized User the irrevocable, perpetual, non- exclusive, worldwide, royalty-free right and license to (i) use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such pre-existing rights and any derivative works thereof; and (ii) authorize others to do any or all of the foregoing. Supplier will retain all ownership rights in any pre-existing works.
Pre-existing Rights. (a) DFS shall ensure that any assignee, transferee or successor (including the acquiring or surviving entity in connection with any Change of Control or similar corporate transaction involving DFS) of any of the Assigned Patents from DFS, or any other Person that is granted any exclusive license or any enforcement rights with respect thereto (each such assignee, transferee, successor or other such Person, a “Transferee”) agrees in writing, prior to or as part of such assignment, transfer, grant or other transaction, (i) that it acknowledges and confirms that the Assigned Patents are and shall remain subject to the Pre-Existing Rights, (ii) to be bound by Section 2.2 of this Agreement, (iii) to bind all subsequent or future Transferees of any of the Assigned Patents to Section 2.2 of this Agreement, and (iv) that RRD shall be an express intended third-party beneficiary of any such agreement, with a direct independent right to enforce such agreement against such Transferee.
Pre-existing Rights. The rights set forth in this Agreement are subject to any pre-existing rights, licenses and easements over the Facility and any reserved rights set forth in this Agreement.
Pre-existing Rights. In the event that Employee uses or incorporates into any Inventions, Works of Authorship or other work product of Employee created in the course of Employee’s employment with Company any (i) ideas, inventions, discoveries, computer hardware and software, algorithms, improvements and devices relating thereto conceived, developed or made by Employee prior to, or outside the scope of, Employee’s employment with Company, or (ii) any graphic designs, narrative works, business plans, financial analyses, lab notes, designs, specifications, programming, source code, object code, flow charts, data, compilations of data and other information compiled, authored, developed or otherwise created by Employee prior to, or outside the scope of, Employee’s employment with Company (collectively, the “Pre-existing Inventions and Works”), then Employee shall be deemed to have granted to Company a perpetual, irrevocable, fully-paid, royalty-free, non-exclusive, transferable, assignable, sublicenseable right, under any and all trademarks, trade secrets, copyrights, patents and other intellectual and industrial property rights of whatever nature throughout the world covering or embodied by the Pre-existing Inventions and Works, to make, have made, use, copy, distribute, display, perform, modify, translate, offer to sell, sell, and otherwise transfer or dispose of the Preexisting Inventions and Works and any products and services embodying or covered by such trademarks, trade secrets, copyrights, patents and other intellectual and industrial property rights. Employee covenants and agrees that it shall notify Company in writing of all Pre-existing Inventions and Works prior to incorporating the same into any Inventions, Works of Authorship or other work product created in the course of Employee’s employment with Company.
