Pre-existing Rights Sample Clauses
The "Pre-existing rights" clause defines and preserves the rights, intellectual property, or interests that each party held before entering into the agreement. In practice, this clause ensures that any inventions, trademarks, copyrights, or other assets owned by a party prior to the contract remain their property and are not transferred or affected by the new agreement. Its core function is to prevent disputes over ownership by clearly distinguishing between what is newly created under the contract and what each party already owned, thereby protecting existing assets and rights.
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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. No party claims by virtue of this Agreement any right, title, or interest in or to any issued patents or pending patent applications owned or controlled by any other party as of the date of this Agreement. Nothing in this Agreement will be construed as granting any license or obligation to license any intellectual property to the other party other than as expressly set forth herein, including (a) the Option granted under Section 12.4, (b) the limited right to use Study Product and to manufacture and use Study Product in accordance with the terms of this Agreement and the applicable Study Agreement.
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. 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. If and to the extent that any pre-existing rights are embodied or reflected in the Work Product, Supplier hereby 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.
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. 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. 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. (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.
(b) If DFS intends to initiate or participate, directly or indirectly, in any Action, under any Assigned Patents against any Person, then DFS shall first inform RRD in writing of the identity of such Person and provide other information reasonably requested by RRD in connection therewith, and RRD shall, subject to any confidentiality obligations of RRD, reasonably cooperate with DFS to confirm the scope of any licenses, covenants or other rights granted by RRD or its Group Companies to such Person.
(c) DFS agrees not to, directly or indirectly, initiate, maintain, authorize, participate in or facilitate any Action (including the grant of an exclusive license or right to enforce to any other Person that, to DFS’s knowledge, intends to initiate, authorize, participate in or facilitate any Action), under any Assigned Patents, against any Person that it knows to be a licensee or other beneficiary of Pre-Existing Rights under such Assigned Patent(s), in each case, within the scope of the licenses or other rights of such licensee or other beneficiary.
(d) Without limiting Sections 2.2(a) through 2.2(c), with respect to the Assigned Patents, DFS agrees to comply with all commitments made by RRD or any of its Group Companies to any standard-setting or similar organizations to the same extent as such commitments are binding upon RRD or the applicable Group Company.
Pre-existing Rights. Notwithstanding the foregoing provisions of this Article 28, the Renewal Option shall be subject and subordinate to any pre- existing rights or options of other tenants in the Building or other third parties to lease the Premises. Landlord hereby represents to Tenant that a single tenant holds rights to lease the Premises which are superior to the rights of Tenant hereunder.