Privileged License Sample Clauses

Privileged License. Lessor acknowledges that, in its capacity as a lessor, it is subject to being called forward for licensing or suitability by the Nevada Gaming Commission, the Nevada State Gaming Control Board, and all other state and local regulatory and licensing bodies with authority over liquor or gaming activities and devices in the State of Nevada (the “Gaming Authorities”). Lessor agrees to fully cooperate with the Gaming Authorities and to submit for licensing or a finding of suitability if required or requested to do so. Lessor shall bear all costs and expenses related to Lessor’s licensing or finding of suitability, including but not limited to attorneys fees of Lessor. In the event Lessor fails or refuses to submit for licensing or a finding of suitability, or if Lessor is denied a license or found unsuitable as a lessor, Lessee shall not be required to pay any amount due pursuant to this Lease until such time as the Gaming Authorities approve such payments. All amounts due pursuant to this Lease which are not paid at the time they are due, as a result of Lessor failing or refusing to submit for licensing or being denied a license or being found unsuitable as a lessor, shall accrue to Lessor’s benefit and be paid by Lessee to Lessor upon approval of the Gaming Authorities. The non-payment of Rent or other fees when due pursuant to the foregoing provisions shall not constitute an Event of Default (as defined below). If one or more of the parties constituting Lessor fails or refuses to submit for licensing or a finding of suitability or if one or more of the parties constituting Lessor is denied a license or found unsuitable, the remaining parties constituting Lessor shall have the right to acquire such party(ies)’ interest at the then current fair market value. If the remaining parties constituting Lessor do not acquire the interest(s) of the party(ies) who fail or refuse to submit for licensing or a finding of suitability or who are denied a license or found unsuitable within the time parameters set by the Gaming Authorities, Lessee shall have the right to purchase the Premises for the then current fair market value of the Real Property, excluding the value of Improvements thereon, as determined by the average of two MAI appraisals, one to be obtained by Lessor and one by Lessee. Lessor further agrees to fully cooperate with Lessee and Lessee’s sublessees with respect to any applications for licensing filed by them.
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Privileged License. CONSULTANT acknowledges that AFFINITY and its affiliates are businesses that are subject to and exist because of privileged licenses issued by governmental authorities. If requested to do so by AFFINITY, CONSULTANT shall at AFFINITY’S sole cost and expense obtain any license, qualification, clearance or the like which shall be requested or required of CONSULTANT or its members, managers or employees by any regulatory authority having jurisdiction over any parent, subsidiary or affiliate of AFFINITY. If CONSULTANT fails to satisfy such requirements or if AFFINITY or any parent, subsidiary or other affiliate of AFFINITY is directed to cease business with CONSULTANT by any such authority, or if AFFINITY shall in good faith determine, in AFFINITY’S sole and exclusive judgment, that CONSULTANT or any of its officers, directors, employees, agents, designees or representatives (a) is or might be engaged in, or about to be engaged in, any activity or activities, or (b) was in or is involved in any relationship which could or does jeopardize, AFFINITY’S business or such licenses, or those of its parent, subsidiaries or affiliates, or if any such license is threatened to be, or is, denied, curtailed, suspended or revoked, then AFFINITY shall have the right under this paragraph to terminate this Agreement by written notice to CONSULTANT without any further liability to AFFINITY.
Sample 1
Privileged License. Consultant acknowledges that the Company has been issued licenses by governmental authorities that allow for the Company to own and operate marijuana establishments in compliance with the laws of the State of Nevada (the “Privileged License”) and will be subject the regulations surrounding such Privileged Licenses. If requested to do so by the Company, Consultant shall use its best efforts to obtain any license, qualification, clearance or the like (including, without limitation, Agent Card(s)) which shall be required of Consultant by any regulatory authority having jurisdiction over the Company. In the event Consultant determines complying with the obligations imposed by the preceding sentence is not economically feasible, Consultant may terminate this Agreement by providing written notice to the Company. Moreover, if: (i) Consultant fails to obtain the requisite license, qualification, or clearance necessary to satisfy the requirements of this Section; (ii) the Company is directed to cease business with Consultant by any such regulatory authority; or (iii) the Company acting in good faith determines, in the Company’s sole and exclusive judgment, that Consultant or any of Consultant’s agents, designees or representatives (a) is engaged in any activity or activities that reasonably jeopardize, the Company’s business or such Privileged Licenses, or (b) if any such Privileged Licenses is reasonably threatened to be, or is, denied, curtailed, suspended or revoked, and (d) if Consultant refuses or fails to cure the violation of subsection(s) (a), or (b), within a reasonable period of time, then the Company shall have the right under this Section to terminate this Agreement by providing written notice to Consultant.
Sample 1
Privileged License. TSYS acknowledges that COMPANY and its Affiliates may be subject to and exist because of privileged licenses issued by governmental and quasi-governmental authorities responsible for or involved in the regulation of gaming or gaming activities (“Gaming Authorities”). If TSYS is requested by any Gaming Authority to provide any information or obtain any approval from any Gaming Authority, then TSYS shall provide all requested information and apply for and obtain all reasonably necessary approvals required or requested of TSYS by such Gaming Authority, and, if TSYS thereafter fails to provide such requested information or apply for and obtain such necessary approvals, or if COMPANY or any of COMPANY’s Affiliates are directed to cease business with TSYS by a Gaming Authority, or if COMPANY shall in good faith determine, in COMPANY’s reasonable judgment, that TSYS is or is intending to engage in any activity or relationship that will or shall reasonably jeopardize COMPANY’s or any of COMPANY’s Affiliates’ privileged licenses, then (a) TSYS shall exercise its best efforts, in good faith, to remedy such issues, which may include terminating a relationship with the person who is the source of such issue if requested by COMPANY and (b) if, following such exercise of best efforts, TSYS is unable to remedy the issues, as determined by COMPANY in its reasonable discretion, or if COMPANY is required to do so by any Gaming Authority, COMPANY may, to the extent permitted by the Gaming Authorities, terminate this Agreement and its relationship with TSYS without further obligation to TSYS. To the extent permitted by the Gaming Authorities, any right or obligation of either party hereunder existing or accrued prior to any termination of this Agreement in accordance with the foregoing shall not be affected or impaired in any manner by such termination.
Sample 1
Privileged License. This Permit constitutes only a privileged license, not a right, granted by Lakeshore which is fully revocable by Lakeshore at any time. Permittee shall not be deemed an invitee of Lakeshore nor the owner of the dock or slip, and neither this permit, nor any expenditure of monies by Permittee in reliance thereon, shall create any estate, servitude, or other possessory interest in favor of Permittee in the property subject of this Permit. The rights hereunder are not Permittee's rights and are limited solely by the terms of this Permit and as governed under the Rules. The rights of Lakeshore hereunder shall inure to the benefit of any of its successors or assigns; and the obligations of Permittee hereunder shall bind anyone using the slip under the Permit.
Sample 1
Privileged License. Tenant acknowledges that Landlord and affiliates of Landlord are businesses that are or may be subject to and exist because of privileged licenses issued by governmental authorities relating to casino gaming ("Gaming Authorities"). If a corporation, Tenant shall disclose the names of all officers and directors of Tenant, and unless a publicly traded corporation on a national stock exchange, Tenant shall disclose to Landlord all ownership interests in Tenant and all lenders or sources of financing. If requested to do so by Landlord, Tenant shall obtain any license, qualification, clearance or the like which shall be requested or required of Tenant by Landlord, Gaming Authorities or any regulatory authority having jurisdiction over Landlord or any affiliate of Landlord. If Tenant fails to satisfy such requirement or if Landlord or any affiliate of Landlord is directed to cease business with Tenant by any such authority, or if Landlord shall in good faith determine, in Landlord's sole and exclusive judgment, that Tenant, or any of its officers, directors, employees, agents, designees or representatives, or partner, owner, member, or shareholder, or any lender or financial participant (a) is or might be engaged in, or is about to be engaged in, any activity or activities, or (b) was or is involved in any relationship, either of which could or does jeopardize Landlord's business, reputation or such licenses, or those of its affiliates, or if any such license is threatened to be, or is, denied, curtailed, suspended or revoked, then Tenant
Sample 1
Privileged License. Operator recognizes that Owner and affiliates of the Owner are subject to privileged licenses issued by gaming authorities and, accordingly, Operator will, if requested, (a) disclose the name of all principals of Operator and all lenders or sources of financing of Operator, and (b) obtain any license, qualification, clearance or the like which should be requested or required of operator by any gaming authority or any regulatory authority having jurisdiction over Owner or any affiliates of Owner. If Operator fails to satisfy such requirements or if Owner or any affiliates of Owner is directed to cease business with Operator by any such authority, or if Owner shall in good faith determine, in Owner’s reasonable judgment that Operator, any of its members, or any of its affiliates (a) is or might be engaged in, or is about to be engaged in, any activity or activities, or (b) was or is involved in any relationship, either of which could or does jeopardize Owner’s business, reputation or such licenses, or those of its affiliates, then Operator shall immediately terminate any relationship with the person which is the source of the problem, or cease the activity creating the problem. If any gaming or other regulatory authority requires any business conducted by Operator in the premises to be closed, then this Agreement shall be modified accordingly without penalty to any party. If any gaming or other regulatory authority requires this Agreement to be terminated, this Agreement shall thereupon terminate without penalty to any party, however, Owner shall pay to Operator an amount equal to Operator’s initial capital contribution. Regulatory Information. Owner and Operator each to the other shall provide all information pertaining to this arrangement and the Restaurant and as to their ownership structure, corporate structure, offices and directors, stockholders and partners identity, financing, transfers of interests, etc., as shall be required by any regulatory authority with jurisdiction over the other including without limitation, Louisiana, Indiana, Colorado, Nevada, and New Jersey or with respect to any federal or state securities law requirement.
Sample 1
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Privileged License. Operator acknowledges that Owner, its parent company, subsidiaries and Affiliates, are businesses that are or may be subject to and exist because of privileged licenses issued by governmental authorities. If requested to do so by Owner, Operator, its principals, agents, employees, contractors and Affiliates (the “Operator Group”), shall obtain any license, qualification, clearance or the like which shall be requested or required of any of them by Owner or any regulatory authority having jurisdiction over Owner or any parent company, subsidiary or Affiliate of Owner. If the Operator Group fails to satisfy such requirement or if Owner or any parent company, subsidiary or Affiliate of Owner is directed to cease doing business with any member of the Operator Group, or if Owner shall determine in good faith, in Owner’s reasonable judgment, that any member of the Operator Group (a) is or might be engaged in, or is about to be engaged in, any activity or activities, or (b) was or is involved in any relationship, either of which could or does jeopardize Owner’s business or licenses, or those of a parent company, subsidiary or Affiliate, or if any such license is threatened to be, or is, denied, curtailed, subject to disciplinary measures, subject to disciplinary investigation, suspended or revoked, and Operator does not cause said objectionable item to be corrected or objectionable person to be removed from the Operator Group within fifteen (15) days from Owner’s written notice or otherwise does not resolve said issues to the satisfaction of any such regulatory authorities on or before any deadline set by such regulatory authority, then following such notice or deadline, and in addition to any other rights set forth in Section 26 of this Agreement, this Agreement may be immediately terminated by Owner and Owner shall thereafter have no liability to Operator or any member of the Operator Group for any loss, costs, expense, loss of anticipated profits, direct damages, indirect damages, consequential damages, punitive damages, or other damages or liability of any nature whatsoever whether based on contract, tort or any other theories of liability.
Sample 1
Privileged License. Both Parties acknowledge that each Party conducts a business that is subject to, and exists because of, privileged licenses issued by governmental authorities. Each Party therefore agrees that, in the event that one Party shall determine, in its reasonable judgment (i) that the other Party is, or might be, engaged in, or about to be engaged in, any activity or activities that jeopardizes, or could jeopardize, its business licenses, or (ii) that the existence of this Agreement jeopardizes or may jeopardize, its business or such licenses, such Party shall have the right, upon notice to the other Party, immediately to terminate this Agreement, at which time the Agreement shall cease and terminate and be of no further force and effect; provided, however, that the indemnity and insurance provisions of this Agreement shall survive any such termination.
Sample 1

Related to Privileged License

  • Intellectual Property Rights Infringement HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the products or services.

  • Joint Intellectual Property 9.1 University agrees to not Implement any Joint Intellectual Property for any purpose other than educational, experimental or research purposes. In consideration of University not Implementing the Joint Intellectual Property except for the limited purposes set forth in this paragraph, Company agrees to Implement any Joint Intellectual Property only in accordance with a license agreement to be entered into by Company and University with respect to the Implementation of such Joint Intellectual Property. Company shall pay to University, in connection with such Implementation, a compensatory royalty in accordance with such license agreement to be agreed by the Parties. 9.2 University agrees to not grant to any third party a license to Implement its rights in the Joint Intellectual Property without Company’s prior written consent. Notwithstanding anything contrary herein provided, University may grant to a third party a license to use the Joint Intellectual Property without Company’s prior written consent in the following cases: (i) if Company fails to execute a license agreement with University pursuant to Article 9.1 without any reasonable cause within three years from the Completion Date, or otherwise seeks to Implement any such Joint Intellectual Property other than pursuant to any such license agreement; or (ii) if Company fails to pay any compensatory royalty in accordance with the license agreement entered into pursuant to Article 9.1. 9.3 Company may grant a third party a non-exclusive license to the Joint Intellectual Property provided that Company first executes a license agreement with University setting forth, among other matters, the allocation of any license fee or royalty received from any such third party as between the Parties. 9.4 Unless otherwise provided in this Agreement, neither Party may transfer, grant a security interest in, grant a license to or otherwise dispose of its right, title or interest in or to the Joint Intellectual Property to any third party without the prior written consent of the other Party. 9.5 Each Party shall notify the other Party in writing before abandoning its right, title or interest in and to any Joint Intellectual Property.

  • Grant of License to Use Intellectual Property Without limiting the provisions of Section 3.01 hereof or any other rights of the Collateral Agent as the holder of a Security Interest in any IP Collateral, for the purpose of enabling the Collateral Agent to exercise rights and remedies under this Agreement at such time as the Collateral Agent shall be lawfully entitled to exercise such rights and remedies, each Grantor hereby grants to the Collateral Agent, for the benefit of the Secured Parties, an irrevocable, nonexclusive license (exercisable without payment of royalty or other compensation to the Grantors) to use, license or sublicense any of the IP Collateral now owned or hereafter acquired by such Grantor, and wherever the same may be located (whether or not any license agreement by and between any Grantor and any other Person relating to the use of such IP Collateral may be terminated hereafter), and including in such license reasonable access to all media in which any of the licensed items may be recorded or stored and to all computer software and programs used for the compilation or printout thereof, provided, however, that any such license granted by the Collateral Agent to a third party shall include reasonable and customary terms necessary to preserve the existence, validity and value of the affected IP Collateral, including without limitation, provisions requiring the continuing confidential handling of trade secrets, requiring the use of appropriate notices and prohibiting the use of false notices, protecting and maintaining the quality standards of the Trademarks in the manner set forth below (it being understood and agreed that, without limiting any other rights and remedies of the Collateral Agent under this Agreement, any other Loan Document or applicable Law, nothing in the foregoing license grant shall be construed as granting the Collateral Agent rights in and to such IP Collateral above and beyond (x) the rights to such IP Collateral that each Grantor has reserved for itself and (y) in the case of IP Collateral that is licensed to any such Grantor by a third party, the extent to which such Grantor has the right to grant a sublicense to such IP Collateral hereunder). The use of such license by the Collateral Agent may only be exercised, at the option of the Collateral Agent, during the continuation of an Event of Default; provided that any license, sublicense or other transaction entered into by the Collateral Agent in accordance herewith shall immediately terminate at such time as the Collateral Agent is no longer lawfully entitled to exercise its rights and remedies under this Agreement. Nothing in this Section 4.01 shall require a Grantor to grant any license that is prohibited by any rule of law, statute or regulation, or is prohibited by, or constitutes a breach or default under or results in the termination of any contract, license, agreement, instrument or other document evidencing, giving rise to or theretofore granted, with respect to such property or otherwise unreasonably prejudices the value thereof to the relevant Grantor. In the event the license set forth in this Section 4.01 is exercised with regard to any Trademarks, then the following shall apply: (i) all goodwill arising from any licensed or sublicensed use of any Trademark shall inure to the benefit of the Grantor; (ii) the licensed or sublicensed Trademarks shall only be used in association with goods or services of a quality and nature consistent with the quality and reputation with which such Trademarks were associated when used by Grantor prior to the exercise of the license rights set forth herein; and (iii) at the Grantor’s request and expense, licensees and sublicensees shall provide reasonable cooperation in any effort by the Grantor to maintain the registration or otherwise secure the ongoing validity and effectiveness of such licensed Trademarks, including, without limitation the actions and conduct described in Section 4.02 below.

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • Unauthorised Use of Intellectual Property a) The Supplier/Service Provider agrees to notify Transnet in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of Transnet of which the Supplier/Service Provider acquires knowledge and Transnet shall have the right, as its own option, to proceed against any party infringing its Intellectual Property. b) It shall be within the sole and absolute discretion of Transnet to determine what steps shall be taken against the infringer and the Supplier/Service Provider shall co-operate fully with Transnet, at Transnet’s cost, in whatever measure including legal action to bring any infringement of illegal use to an end. c) The Supplier/Service Provider shall cooperate to provide Transnet promptly with all relevant ascertainable facts. d) If proceedings are commenced by Transnet alone, Transnet shall be responsible for all expenses but shall be entitled to all damages or other awards arising out of such proceedings. If proceedings are commenced by both Parties, both Parties will be responsible for the expenses and both Parties shall be entitled to damages or other awards arising out of proceedings.

  • Intellectual Property License 20.1 Any Intellectual Property originating from or developed by a Party shall remain in the exclusive ownership of that Party. 20.2 Except at otherwise expressly provided in this Agreement, no license under patents, copyrights or any other Intellectual Property right (other than the limited license to use consistent with the terms, conditions and restrictions of this Agreement) is granted by either Party or shall be implied or arise by estoppel with respect to any transactions contemplated under this Agreement.

  • Intellectual Property Infringement If a third party makes a claim against Customer that the Licensed Software or Documentation directly infringe any patent issued as of the two years following the Effective Date or any copyright, trade secret or trademark ("IP Claim"); Siebel will defend Customer or Distributor against the IP Claim and pay all costs, damages and expenses (including reasonable legal fees) awarded against Customer or Distributor by a court of competent jurisdiction or agreed to in a written settlement agreement signed by Siebel arising out of such IP Claim; provided that: (i) Customer or Distributor promptly notifies Siebel in writing no later than sixty (60) days after Customer's or Distributor's receipt of notification of a potential claim, (ii) Siebel may assume sole control of the defense of such claim and all related settlement negotiations; and (iii) Customer or Distributor provides Siebel, at Siebel's request and expense, with the assistance, information and authority necessary to perform Siebel's obligations under this Section. Notwithstanding the foregoing, Siebel shall have no liability for any claim of infringement based on (a) the use of a superseded or altered release of Licensed Software if the infringement would have been avoided by the use of a current unaltered release of the Licensed Software, which Siebel provided to Distributor, (b) the modification of the Licensed Software, or (c) the use of the Licensed Software other than in accordance with the Documentation. If, due to an IP Claim, (i) the Licensed Software is held by a court of competent jurisdiction or are believed by Siebel to infringe, or (ii) Customer or Distributor receives a valid court order enjoining Customer or Distributor from using the Licensed Software, Siebel shall in its reasonable judgment, and at its expense, (a) replace or modify the Licensed Software to be non-infringing; (b) obtain for Distributor and/or its Customers a license to continue using the Licensed Software, or (c) if Siebel cannot reasonably obtain the remedies in (a) or (b), terminate the license for the infringing Licensed Software and refund the license fees paid to Siebel for such Licensed Software upon its return by Distributor. This Section 9 states Siebel's entire liability and Distributor's exclusive remedy for any claim of infringement.

  • Infringement of Intellectual Property Rights Seller (or its supplier) shall indemnify and hold Purchaser harmless against an award of damages and costs against Purchaser by a final judgment of a court of last resort in the country in which the Equipment is originally installed by Seller resulting from actual or alleged patent infringement relating in any way to use or sale of the Equipment, or any component thereof furnished hereunder, provided that Purchaser (i) gives Seller immediate notice in writing of any suit or claim for infringement against Purchaser, (ii) permits Seller (or its supplier) to control the defense of any suit or claim, and (iii) gives Seller (or its supplier) all available information, assistance, and authority to enable Seller (or its supplier) to assume such defense. Seller (or its supplier) shall diligently defend and prosecute all such patent infringement litigation and shall keep Purchaser fully informed of all developments in the defense or adjustments of any such claim or action. If a final injunction or judgment in any patent infringement action is rendered restraining Purchaser’s use of the Equipment, or of any component thereof, Seller shall, at its option and expense, either (i) procure for Purchaser the right to use the Equipment, or (ii) replace or modify the infringing component so that it no longer infringes, or (iii) repurchase the Equipment upon its return to Seller, less reasonable depreciation of 2% per month from date of installation, for use, damage, or obsolescence. Seller shall have no liability whatsoever to Purchaser if any such patent infringement or claim thereof is based upon or arises from (i) the use of any Equipment in combination with an apparatus or device not manufactured or supplied by Seller and such combination cause the infringement, (ii) the use of any Equipment in a manner for which it was neither designed nor contemplated, or (iii) any modification of any Equipment by Purchaser, or by Seller at Purchaser’s request, or by any third party, which causes the Equipment to become infringing.

  • Intellectual Property; Licenses, Etc The Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Borrower or any Subsidiary infringes upon any rights held by any other Person. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the Borrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

  • Third Party Intellectual Property 4.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 4.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

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