Prior Use. Subject to Section 2.4(a), for purposes of this Agreement, (i) any materials supplied by or on behalf of Marcas Modelo to Constellation Beers bearing any of the Trademarks for use in connection with the performance of this Agreement and Importer Agreement or the Original Agreement, (ii) any materials previously used by Crown or Xxxxxx with the knowledge of Grupo Modelo, including pursuant to the West Coast Importer Agreement, the Modelo Sub-license Agreement, and/or the Pacifico Sub-license Agreement by and between Procermex, Inc. and Xxxxxx dated November 22, 1996, and (iii) any materials previously used by Crown with the knowledge of Grupo Modelo pursuant to the Original Agreement and Importer Agreement, shall be deemed to comply with the terms and conditions of this Agreement for ordinary use in the performance of this Agreement.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.
Prior Use. Notwithstanding the foregoing, if you used the Software prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Software and will remain in full force and effect while you use the Software, unless earlier terminated in accordance with this Agreement.
Prior Use. (1) [Phasing Out of Prior Use]
(a) Where a denomination constituting a registered appellation of origin, or an indication constituting a registered geographical indication, was, prior to the date of the international registration, in use in a Contracting Party by a third party and is not safeguarded under Article 13, that Contracting Party may, when it does not refuse the protection of the appellation of origin or geographical indication, grant to the third party a defined period, as specified in the Regulations, to terminate such use.
(b) Where a Contracting Party has refused the effects of an international registration under Article 15 on the ground of prior use as referred to in subparagraph (a), it may similarly grant to the third party a defined period to terminate such use in case it decides to withdraw the refusal under Article 16 or notify a grant of protection under Article 18.
(c) The Contracting Party shall notify the International Bureau of any such period, in accordance with the procedures specified in the Regulations.
(2) [Coexistence] Where a Contracting Party that has refused the effects of an international registration under Article 15 on the ground of use under a prior right, as referred to in Article 13, notifies the withdrawal of that refusal under Article 16 or a grant of protection under Article 18, the resulting protection of the appellation of origin or geographical indication shall not prejudice the prior right or its use, unless the protection was granted following the cancellation, non-renewal, revocation or invalidation of the prior right7.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Company Properties or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Company Properties, unless earlier terminated in accordance with the Agreement.
Prior Use. Notwithstanding the foregoing, if you used Company Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Company Properties (whichever is earlier) and will remain in full force and effect while you use Company Properties, unless earlier terminated in accordance with the Terms.
Prior Use a) If damage to the Equipment or other property or injury to persons is caused by use or operation of the Equipment prior to being placed in initial operation (“start-up”) by the Company where start up, is included in the purchase price, then Buyer shall indemnify and hold the Company harmless form all liability, costs and expenses for all such damage or injury.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Axiom Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Axiom Properties, unless earlier terminated in accordance with the Agreement. •
Prior Use. 3.2.1 SAFFRON TECH acknowledges and agrees that certain GROWIN Systems that were sold and installed at one of GROWIN’s customers in France (“Prior User”) may exploit the current GROWIN Technology and may be used for independent research and/or growing of Saffron and that subject to GROWIN’s undertaking hereinafter, such prior use will not constitute an infringement or breach of GROWIN’s obligations under this Agreement.
3.2.2 GROWIN undertakes not to disclose to the Prior User any further information related to the GROWIN Technology and/or the Product and/or the Cultivating Protocols and the Data (as defined below) associated with the Cultivating Protocols and not to share with the Prior User any developments to the GROWIN Technology. GROWIN acknowledges that this Section 2.3.2 is substantial and agrees that its breach shall constitute substantial breach of this Agreement.
Prior Use. Notwithstanding the foregoing, if you used CircleIn Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used CircleIn Properties (whichever is earlier) and will remain in full force and effect while you use CircleIn Properties, unless earlier terminated in accordance with the Terms.
