Required Rights Sample Clauses

Required Rights. 6.01 Grantor agrees to obtain and maintain in full force and effect for and during the Term of each Segment all rights, licenses, permits, authorizations, rights-of-way, easements and other agreements which are necessary for Grantor to obtain in order to permit Grantor to construct, install and keep installed, and maintain the Grantee Fibers within such Segment in accordance with this Agreement and to convey the license in the Grantee Fibers to Grantee and all other rights under this Agreement (collectively, the "Required Rights"). Grantee shall obtain, prior to the commencement of the Term, and maintain in full force and effect for and during the Term of each Segment all rights, licenses, permits, authorizations, franchises and other approvals which are necessary for Grantee to obtain in order to permit Grantor to grant the license to Grantee and for Grantee to use the Grantee Fibers. 6.02 In the event Grantor shall receive notice from any grantor or provider of a Required Right that Grantor has failed to observe or perform its obligations under such Required Right, and Grantor is not contesting in good faith the validity of such claimed or alleged failure, Grantor shall give written notice to Grantee and Grantee may, at its option (subject to the terms and provisions of the Required Right and the ability of third parties to cure defaults of Grantor thereunder), cure or correct such failure and Grantor shall reimburse Grantee for the costs and expenses incurred by Grantee in connection therewith. 6.03 If, after the Acceptance Date with respect to a Segment, Grantor is required (i) by any Governmental Authority under the power of eminent domain or otherwise, (ii) by the grantor or provider of any Required Right, (iii) by any other Person having the authority to so require (each a "Relocating Authority"), or (iv) by the occurrence of any Force Majeure Event, to relocate the Grantor System within such Segment or any portion thereof, Grantor shall have the right to either proceed with such relocation, including, but not limited to, the right, in good faith, to reasonably determine the extent and timing of, and methods to be used for, such relocation, or to pay such amounts to the Relocating Authority as are necessary to avoid the need for such relocation. Grantee shall be kept fully informed of all determinations made by Grantor in connection with such relocation, and any such relocation shall be constructed substantially in accordance with the construction s...

Required Rights. Prior to commencing any work, or as promptly as possible once identified if so identified after work has commenced, Developer shall describe in writing: • Any intellectual property rights owned or licensed by Developer which may cover all or part of the work, including a list and description of all U.S. and foreign patents and patent applications; • To the extent known by Developer, any intellectual property owned or licensed by third parties which is required to utilize all or part of the work in the manner contemplated by the Agreement; and • To the extent known by Developer, any claims or disputes relating to the intellectual property embodied, or claimed to be embodied, in all or part of the work. Intellectual property and claims described in the bullets above are termed “Required Rights”. In addition to the descriptions required above, Developer shall provide to IETF a description of the cost and other terms of any license required to use and operate under any Required Rights in the manner contemplated by this Agreement. Developer shall not be authorized to commence any work as to which any Required Rights exist unless and until IETF has affirmed in writing that it understands the nature of such Required Rights and the Parties have mutually agreed upon a license arrangement (including allocation of its costs) that will enable the full use of any Required Rights in the manner contemplated hereby. If Developer fails to notify IETF of any Required Rights owned or licensed by Developer in the manner required by this section, then Developer shall be deemed to have granted the IETF Trust a perpetual, irrevocable, royalty-free, paid-up, worldwide, non-exclusive, freely sub-licensable right and license to exploit such owned Required Rights (and to the extent permitted under any such license of any such Required Rights, such licensed Required Rights) in any manner in connection with the Work and any modifications or derivatives thereof.

Required Rights. Commencing as of the Acceptance Date with respect to each IRU and continuing until the end of the respective IRU Terms, Seller shall obtain all conduits, leases, fee interests, licenses, authorizations, permits (including permits for highway, railroad and waterway crossings and any necessary permits or authorizations such as environmental permits) and/or other agreements or rights necessary for and requisite to (i) the granting of the IRUs to Purchaser and (ii) the maintenance of the ▇▇▇▇▇▇▇▇’ Network (collectively, the “Required Rights”). Seller shall cause the Required Rights to remain effective through the respective IRU Terms.

Required Rights. 23.1 SUNESYS covenants that it will, to the best of its knowledge, have obtained by the time the LICENSEE's Fiber Optic Facilities are made available to LICENSEE (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable SUNESYS to grant the License to LICENSEE ("Required Rights"). Subject to the foregoing obligations of SUNESYS, LICENSEE is accepting the License on an "AS IS, WHERE IS" basis and receiving its interests in LICENSEE's Fiber Optic Facilities only to the extent such interests are held by SUNESYS. SUNESYS will provide evidence of such Required Rights upon request. 23.2 If SUNESYS fails to obtain and/or cause to remain effective throughout the term of this Agreement all Required Rights for the route, either party may terminate this Agreement upon written notice. In event of termination, any periodic license and/or maintenance fee shall ▇▇▇▇▇ from the date of termination and any previously paid maintenance fee and/or license fee attributable for any period beyond such date shall be returned to LICENSEE. SUNESYS’ failure to obtain or cause to remain effective Required Rights does not constitute a breach of any warranty, representation or covenant of SUNESYS.

Required Rights. Provider represents that it currently owns, has obtained or will obtain all licenses, authorizations, franchises, rights of way and other licenses or permits necessary for furnishing the Service to MCI (hereinafter referred to as "Required Rights"). Provider shall utilize its best efforts to cause such Required Rights to remain in effect throughout the term of this Agreement. Notwithstanding the termination provisions of paragraph 2.3 herein, if Provider does not obtain and maintain such Required Rights, MCI may terminate this Agreement and/or any affected ASR or Service Agreement immediately upon notice to Provider, without incurring any termination liability, and the indemnification provisions of Article IX shall apply to any claims, demands, suits or judgments for damages arising therefrom.

Required Rights. SUNESYS covenants that it will, to the best of its knowledge, have obtained by the time the Licensee’s Fiber Optic Facilities are made available to Licensee (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable SUNESYS to grant the License to Licensee (“Required Rights”). Subject to the foregoing obligations of SUNESYS, Licensee is accepting the License on an “AS IS, WHERE IS” basis and receiving its interests in Licensee’s Fiber Optic Facilities only to the extent such interests are held by SUNESYS.

Required Rights. Each Affiliate providing Capacity in any territory represents that it currently owns, has obtained or will obtain all licenses, authorizations, franchises, rights of way and other licenses or permits necessary for furnishing the Capacity to MCI (hereinafter referred to as "Required Rights"). Such Affiliate shall utilize its best efforts to cause such Required Rights to remain in effect throughout the term of this Agreement. Notwithstanding the termination provisions of paragraph 2.3 of this Agreement, if such Affiliate does not obtain and maintain such Required Rights, MCI may terminate this Agreement and/or any affected ASR or Service Agreement immediately upon notice to Provider, without incurring any termination liability, in addition to exercising any other rights or remedies under this Agreement.

Required Rights. (A) Level 3 agrees to obtain and maintain in full force and effect for and during the Lease Term of each Segment all rights, licenses, permits, authorizations, franchises, rights-of-way, easements and other approvals (collectively, the "Required Rights") that are necessary for Level 3 to obtain in order to permit Level 3 to construct, install and keep installed, and maintain the Customer Fibers within such Segment in accordance with this Service Schedule and to convey the Lease in the Customer Fibers to Customer and all other rights under this Service Schedule pursuant to the Lease. Customer shall obtain and maintain in full force and effect for and during the Lease Term of each Segment all Required Rights that are necessary for Customer to obtain in order to use and operate the Customer Fibers. (B) To the extent Level 3 is required under the terms and provisions of any Required Right to indemnify the grantor or provider thereof from and against any and all claims, suits, judgments, liabilities, losses and expenses arising out of service interruption, cessation, unreliability of or damage to the Level 3 System, regardless of whether such claims, suits, judgments, liabilities, losses or expenses arise from the sole or partial negligence, willful misconduct or other action or inaction of such grantor or provider and its employees, servants, agents, contractors, subcontractors or other Persons using the property covered by such Required Right, Customer hereby releases such grantor or provider from, and hereby waives, all claims, suits, judgments, liabilities, losses and expenses arising out of service interruption, cessation, unreliability of or damage to the Level 3 System regardless of whether such claims, suits, judgments, liabilities, losses or expenses arise from the sole or partial negligence, willful misconduct or other action or inaction, of such grantor or provider or its employees, servants, agents, contractors, subcontractors or other Persons using the property covered by such Required Right.

Required Rights. The Supplier shall ensure, at the Supplier’s cost, that, at all relevant times, it has the licences, permissions, authorisations, consents and permits that it needs to carry out its contractual obligations.