Property of Owner. (a) Manufacturer recognizes the great value of the goodwill associated with the Trademarks and the identification of the Products with the Trademarks and acknowledges that the Trademarks and all rights therein and goodwill pertaining thereto belong exclusively to THLI Manufacturer further recognizes and acknowledges that a breach by Manufacturer of any of its covenants, agreements or other undertakings hereunder will cause THLI irreparable damage, which cannot be adequately remedied in damages in an action at law, and may, in addition thereto, constitute an infringement of THLI's rights in the Trademarks, thereby entitling THLI to equitable remedies, costs and reasonable attorney's fees.
(b) To the extent any rights in and to the Trademarks are deemed to accrue to Manufacturer, Manufacturer hereby assigns any and all such rights, at such time as they may be deemed to accrue, including the related goodwill, to THLI.
(c) Manufacturer shall (i) never challenge the validity of THLI's ownership in and to the Trademarks or any application for registration thereof, or any trademark registration thereof and (ii) never contest the fact that Manufacturer's rights under this Agreement are solely those of a manufacturer and terminate upon expiration of this Agreement. Manufacturer shall, at any time, whether during or after the term of the Agreement, execute any documents reasonably requested by THLI to confirm THLI's ownership rights. All rights in the Trademarks other than those specifically granted herein are reserved by THLI for its own use and benefit.
(d) Without limiting the generality of any other provision of this Agreement, Manufacturer shall not (i) use the Trademarks, in whole or in part, as a corporate or trade name or (ii) join any name or names with the Trademarks so as to form a new trademark. Manufacturer agrees not to register, or attempt to register, the Trademarks in its own name or any other name, anywhere in the world.
(e) All provisions of this paragraph shall survive the expiration or termination of this Agreement.
Property of Owner. 1 Drawings, Specifications, and other documents prepared by, or with the cooperation of, the A/E or any Consultant pursuant to this Agreement, including the Electronic Files used to create them, are, from the moment of creation, the property of the Owner, whether or not the Project for which they are prepared is commenced or completed, and the Owner alone owns every right, title, and interest therein.
Property of Owner. The Domain Names shall remain the property of Owner and Licensee shall have no rights therein and shall take no action inconsistent with Owner's ownership or challenge the validity thereof.
Property of Owner. Subject to clause 3.3, you acknowledge that the Goods are and will remain the Lender's sole property.
Property of Owner. Any and all patents, copyrights, mask works, trade secrets, trademarks and other proprietary rights in or related to any product, software, programs, hardware or deliverable provided by Owner or made accessible by Owner to Contractor in connection with this Contract are and will remain the exclusive property of the Owner. Any modification or improvement to Owner’s product, software, programs, hardware, or deliverable that is based on this Contract shall be the exclusive property of the Owner. Contractor shall not take any action that jeopardizes Owner’s proprietary rights nor shall Contractor acquire any right in any such product, software, program, hardware or deliverable or the Owner’s other confidential information.
Property of Owner. All Confidential Information disclosed under this Agreement, the relevant SPA, or a purchase order entered into hereunder (including information in computer software or held in electronic storage media) shall be and remain the property of the Disclosing Party All such information in tangible form shall be returned to the Disclosing Party promptly upon written request or the termination or expiration of this Agreement or the relevant SPA and shall not thereafter be retained in any form by the Receiving Party, its Affiliates, or any employees or independent contractors of the Receiving Party or its Affiliates. Notwithstanding the return, erasure, or destruction of Confidential Information or the termination, through completion or otherwise, of this Agreement, the rights and obligations with respect to the disclosure and use of Confidential Information shall survive until one of the exceptions of Section 25.4 applies.
Property of Owner. Except Confidential Information developed by an Owner in connection with the Project, the costs of which were included as Project Costs for which the Owner was reimbursed in accordance with this Agreement, all Confidential Information will remain the Property of the Owner providing it. Notwithstanding any provision in this Article 17 to the contrary, if such Owner’s Ownership Percentage is at any time reduced to zero, such Owner will have no right to demand that such Confidential Information be returned to such Owner or be destroyed.
Property of Owner. All work compensated for under a project contract, including partial payments, shall become the property of Owner without limitations or restrictions. Work under a project contract shall include, but not be limited to, sketches, tracings, drawings, computations, details, design calculations, plans, electronic files, and other related documents. Architect/Engineer shall not be held liable for any reuse of the work and shall not be liable for any modifications made to the work by others.
Property of Owner. Drawings, Specifications and other documents prepared by, or with the cooperation of, the Associate or any Consultant pursuant to this Agreement are the property of the Owner whether or not the Project for which they are prepared is commenced or completed. The Associate or Consultant, as applicable, may retain copies, including reproducible copies of such Drawings, Specifications and other documents for information and reference. Such Drawings, Specifications or other documents may be used by the Owner or others employed by the Owner for reference in any completion, correction, remodeling, renovation, reconstruction, alteration, modification of or addition to the Project, without compensation to the Associate or Consultant. Unless the Project is a prototype, such Drawings, Specifications or other documents shall not be used by the Owner, or be given or sold by the Owner to be used by others, on other projects except by agreement in writing and with agreed upon appropriate compensation to the Associate or Consultant, as applicable. If an event occurs for which the Associate or Consultant may be liable, the Owner shall notify the Associate or Consultant of such event as soon as practical after such event and shall provide access to the Project to the Associate or Consultant and their representatives. This Subparagraph shall survive termination of this Agreement.
Property of Owner. All such records shall be and remain the property of Owner, and, upon the expiration or earlier termination of this Agreement, shall be turned over to Owner as provided in Article 10 hereof. Such records shall thereafter be available to Project Manager at all reasonable times for inspection, examination and transcription for a period of three
