Common use of Right to Use Clause in Contracts

Right to Use. At the direction of the Collateral Agent, solely upon the occurrence and during the continuance of an Event of Default, each Grantor hereby grants to the Collateral Agent, solely for the purpose of enabling the Collateral Agent to exercise rights and remedies under this Security Agreement, and solely to the extent such grant does not constitute or result in the abandonment, termination, acceleration, invalidation of or rendering unenforceable any right, title or interest therein or result in a breach of the terms of, or constitute a breach or default under such Intellectual Property, a non-exclusive, fully paid-up, royalty-free, worldwide license to use, license or sublicense (on a non-exclusive basis) any of such Grantor’s Intellectual Property, including, without limitation, any such Intellectual Property now owned or hereafter acquired by such Grantor (subject to the rights of any person or entity under any pre-existing license or other agreement); provided, however, that (i) no such license to a third party’s Intellectual Property shall be deemed granted to the extent granting such license is prohibited according to the terms of any license agreement to which such Grantor is a party or otherwise bound, and (ii) nothing in this Section 6.7 shall require such Grantor to grant any license that is prohibited by any rule of law, statute or regulation or is prohibited by, or constitutes a breach of default under or results in the termination of or gives rise to any right of acceleration, modification or cancellation under any contract, license, agreement, instrument or other document evidencing, giving rise to a right to use or theretofore granted with respect to such property, provided, further, that such licenses to be granted hereunder shall incorporate commercially reasonable terms reasonably necessary to preserve and maintain the Intellectual Property interests licensed, including, without limitation (i) with respect to trade-marks, reasonable quality control standards applicable to each such trade-xxxx as in effect as of the date such licenses hereunder are granted, terms transferring and inuring goodwill arising from use back to such Grantor, terms prohibiting the mutilation, misuse, or alteration of trade-marks, and other reasonable terms consistent with such Grantor’s historical practices; and (ii) with respect to private data, trade secrets and confidential information, commercially reasonable terms maintaining the private, secret and confidential status of such information through the imposition of reasonable obligations of confidentiality and restrictions on use at least meeting minimum legal requirements. Any license granted pursuant to this Section 6.7 shall be exercisable solely during the continuance of an Event of Default.

Right to Use. At Subject to the direction reasonable satisfaction of all of the Collateral Agentconditions set forth in this Section 27, solely upon Tenant shall have the occurrence right to install in, on or around Building 2 and during Building 1, and use throughout the continuance of an Event of DefaultLease Term (including any extensions thereof) two (2) generators, one (1) for each Grantor hereby grants Building, and a fuel storage system and infrastructure associated therewith and additional transformer(s) for back-up and enhanced power supply to the Collateral AgentPremises (collectively, solely the "Generators") for use in connection with Tenant's business in the purpose Premises. In no event will the Generators be installed on the roof of enabling a Building. Notwithstanding anything in this Section 27 to the Collateral Agent contrary, Tenant shall not be permitted to exercise rights install the Generators unless (i) Tenant's Generators shall not interfere with any other equipment of any other current tenant(s) in the Buildings installed as of the date of this Lease, (ii) . such Generators conform to the specifications and remedies under this Security Agreementrequirements set forth in the drawings and specifications prepared by a licensed professional (the "Generator Drawings"), which Generator Drawings shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, ·conditioned or delayed, (iii) Landlord approves, which approval shall not be unreasonably conditioned, withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Generators, and solely (iv) Tenant obtains, at its sole cost and expense, and provides copies to the extent such grant does not constitute or result in the abandonment, termination, acceleration, invalidation Landlord of or rendering unenforceable any right, title or interest therein or result in a breach of the terms of, or constitute a breach or default under such Intellectual Property, a non-exclusive, fully paid-up, royalty-free, worldwide license to use, license or sublicense (on a non-exclusive basis) any of such Grantor’s Intellectual Propertyall necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Generators (and any applicable fuel source). In addition, Tenant shall not be permitted to install the Generators unless (x) Landlord approves, in writing, any effect on the Buildings' Structure or Buildings' Systems or any such Intellectual Property now owned structural alteration, which approval shall not be unreasonably withheld, conditioned or hereafter acquired by such Grantor (subject to the rights of any person or entity under any pre-existing license or other agreement); provided, however, that (i) no such license to a third party’s Intellectual Property shall be deemed granted to the extent granting such license is prohibited according to the terms of any license agreement to which such Grantor is a party or otherwise bounddelayed, and (iiy) nothing Tenant pays the cost of any structural support or alterations necessary to secure the Generators in, on or around the Buildings. The Generators shall be installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, all at Tenant's sole expense. On or prior to the expiration or earlier termination of the Lease Term, the Generators (and any applicable fuel source) shall be removed from the Buildings at Tenant's sole cost and expense and that portion of each of the Buildings that has been affected by the Generators shall be returned to substantially the condition it was in this Section 6.7 shall require such Grantor prior to grant the installation of the Generators. In addition, if at any license that time Tenant is prohibited by any rule of lawnot leasing space in one (1) Building, statute or regulation or but is prohibited byleasing space in another Building, or constitutes a breach of default under or results then prior to Tenant not leasing space in the termination applicable Building, the Generator (and any applicable fuel source) shall be removed from such Building at Tenant's sole cost and expense and that portion of or gives rise each of the Buildings that has been affected by the Generator shall be returned to any right the condition it was in prior to the installation of accelerationthe Generator. Tenant shall pay all subscription fees, modification or cancellation under any contract, license, agreement, instrument or other document evidencing, giving rise to a right to usage charges and hookup and disconnection fees associated with Tenant's use or theretofore granted with respect to such property, provided, further, that such licenses to be granted hereunder of the Generators and Landlord shall incorporate commercially reasonable terms reasonably necessary to preserve and maintain have no liability therefor. All of the Intellectual Property interests licensedprovisions of this Lease, including, without limitation (i) with respect to trade-markslimitation, reasonable quality control standards the insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to each such trade-xxxx as in effect as Tenant's installation, operation, maintenance and removal of the date such licenses hereunder are granted, terms transferring and inuring goodwill arising from use back to such Grantor, terms prohibiting the mutilation, misuse, or alteration of trade-marks, and other reasonable terms consistent with such Grantor’s historical practices; and (ii) with respect to private data, trade secrets and confidential information, commercially reasonable terms maintaining the private, secret and confidential status of such information through the imposition of reasonable obligations of confidentiality and restrictions on use at least meeting minimum legal requirements. Any license granted pursuant to this Section 6.7 shall be exercisable solely during the continuance of an Event of DefaultGenerators.

Right to Use. At the direction of the Collateral Agent, solely upon the occurrence and during the continuance of an Event of Default, each Grantor hereby grants to the Collateral Agent, solely for For the purpose of enabling the Collateral Agent to exercise rights the Collateral Agent’s Rights and remedies Remedies under this Security AgreementSection 6 (including, without limitation, in order to take possession of, hold, preserve, process, assemble, prepare for sale, market for sale, sell or otherwise dispose of the Collateral) at such time as the Collateral Agent shall be lawfully entitled to exercise the Collateral Agent’s Rights and solely Remedies under Section 6, each Grantor hereby (i) grants to the extent such grant does not constitute or result in Collateral Agent, for the abandonment, termination, acceleration, invalidation of or rendering unenforceable any right, title or interest therein or result in a breach benefit of the terms of, or constitute a breach or default under such Intellectual PropertyCollateral Agent and the other Secured Parties, a royalty free, non-exclusive, fully paid-upirrevocable license, royalty-freesuch license being with respect to the Collateral Agent’s exercise of the Collateral Agent’s Rights and Remedies under Section 6 including, worldwide license without limitation, in connection with any completion of the manufacture of Inventory or any sale or other disposition of Inventory (a) to use, apply, and affix any Trademark, trade name, logo or the like in which such Grantor now or hereafter has rights, (b) to use, license or sublicense (on a non-exclusive basis) any of such Grantor’s Intellectual Property, includingcomputer software now owned, without limitation, any such Intellectual Property now owned held or hereafter acquired by such Grantor (subject to the rights of any person or entity under any pre-existing license or other agreement); providedGrantor, however, that (i) no including in such license access to a third party’s Intellectual Property shall be deemed granted all media and to the extent granting to which any of the licensed items may be recorded or stored and to all such license is prohibited according computer software programs and to the terms extent used for the compilation or print out thereof, provided that the Collateral Agent’s use of the property described in subclauses (a) and (b) above will comply with all applicable law, and (c) to use any license agreement to which such and all furniture, fixtures and equipment contained in any premises owned or occupied by any Grantor is a party or otherwise boundin connection with the exercise of the Collateral Agent’s Rights and Remedies under Section 6, and (ii) nothing in this without limiting the provisions of Section 6.7 shall require 6.1, above, agrees to provide the Collateral Agent and/or its agents with access to, and the right to use, any such Grantor to grant any license that is prohibited premises owned or occupied by any rule of law, statute or regulation or is prohibited by, or constitutes a breach of default under or results in the termination of or gives rise to any right of acceleration, modification or cancellation under any contract, license, agreement, instrument or other document evidencing, giving rise to a right to use or theretofore granted with respect to such property, provided, further, that such licenses to be granted hereunder shall incorporate commercially reasonable terms reasonably necessary to preserve and maintain the Intellectual Property interests licensed, including, without limitation (i) with respect to trade-marks, reasonable quality control standards applicable to each such trade-xxxx as in effect as of the date such licenses hereunder are granted, terms transferring and inuring goodwill arising from use back to such Grantor, terms prohibiting the mutilation, misuse, or alteration of trade-marks, and other reasonable terms consistent with such Grantor’s historical practices; and (ii) with respect to private data, trade secrets and confidential information, commercially reasonable terms maintaining the private, secret and confidential status of such information through the imposition of reasonable obligations of confidentiality and restrictions on use at least meeting minimum legal requirements. Any license granted pursuant to this Section 6.7 shall be exercisable solely during the continuance of an Event of Default.

Right to Use. At Licensee shall have the direction right under this Agreement to use the Licensed Program, with the hardware equipment included in the System or other replacement, compatible hardware supplied by others, as indicated in Exhibit “A” for Licensee’s internal business use. If Licensee wishes to use the Licensed Program on additional computers or work stations, Licensee agrees to obtain a separate license from Telvent for each. Use of the Collateral Agent, solely upon the occurrence and during the continuance of an Event of Default, each Grantor hereby grants to the Collateral Agent, solely for the purpose of enabling the Collateral Agent to exercise rights and remedies under this Security Agreement, and Licensed Program shall be limited solely to the extent existing service territory for the City of Burbank. Should Licensee wish to utilize the licensed program for additional service territory for the City of Burbank, itself, an Affiliate, or any newly acquired Affiliate, additional terms and license fees shall apply. Licensee shall have the right to transfer, with Telvent’s prior written consent (such grant does consent not constitute or result to be unreasonably withheld), use of the Licensed Program to a location other than the Site by sending prior written notice of the new location. Once such transfer has been made, the new location shall become included in the abandonment, termination, acceleration, invalidation definition of or rendering unenforceable any right, title or interest therein or result in a breach of “Site(s)”. Licensee shall have the terms of, or constitute a breach or default under such Intellectual Property, a non-exclusive, fully paid-up, royalty-free, worldwide license to use, license or sublicense (on a non-exclusive basis) any of such Grantor’s Intellectual Property, including, without limitation, any such Intellectual Property now owned or hereafter acquired by such Grantor (subject to the rights of any person or entity under any pre-existing license or other agreement); provided, however, that (i) no such license to a third party’s Intellectual Property shall be deemed granted to the extent granting such license is prohibited according to the terms of any license agreement to which such Grantor is a party or otherwise bound, and (ii) nothing in this Section 6.7 shall require such Grantor to grant any license that is prohibited by any rule of law, statute or regulation or is prohibited by, or constitutes a breach of default under or results in the termination of or gives rise to any right of acceleration, modification or cancellation under any contract, license, agreement, instrument or other document evidencing, giving rise to a right to use the Licensed Program without charge or theretofore granted with respect prior consent at another location on a temporary basis if computer equipment at any Site becomes inoperative. Once the equipment at the original Site becomes operational, then Licensee shall promptly return the Licensed Program to such propertythe original Site and shall discontinue use elsewhere. Licensee shall not reverse engineer, provideddecompile or disassemble the Licensed Program or create any derivative products based on the Licensed Program. Licensee shall not transfer, furthersub-license, that such licenses lend, lease or make the Licensed Program available to be granted hereunder shall incorporate commercially reasonable terms reasonably necessary to preserve and maintain any third party (except as otherwise provided for in the Intellectual Property interests licensed, including, Agreement) or use the Licensed Program for acquisition or processing of data on behalf of any third party outside permitted business use without limitation (i) with respect to trade-marks, reasonable quality control standards applicable to each such trade-xxxx as in effect as the consent of the date such licenses hereunder are granted, terms transferring and inuring goodwill arising from use back to such Grantor, terms prohibiting the mutilation, misuse, or alteration of trade-marks, and other reasonable terms consistent with such Grantor’s historical practices; and (ii) with respect to private data, trade secrets and confidential information, commercially reasonable terms maintaining the private, secret and confidential status of such information through the imposition of reasonable obligations of confidentiality and restrictions on use at least meeting minimum legal requirements. Any license granted pursuant to this Section 6.7 shall be exercisable solely during the continuance of an Event of DefaultTelvent.