Rights and Limitations. Under this Agreement, the Customer shall not be granted any rights or license to any part of the C3 Hub other than a non-‐exclusive license to access and use the C3 Hub online as provided for here and above. Rights not expressly granted to the Customer are reserved by C3. Except for Customer Data, at no time will Customer hold title to or ownership of: a) any part of C3's proprietary technology, including but not limited to the C3 Hub software, data, source code in readable forms together with make and build files, processes, algorithms, user interfaces, know-‐how, techniques, designs and other tangible or intangible technical material or information; and/or, b) any other software, code, data, documents, reports, graphics, or other materials or resources made available to the Customer by C3 pursuant to this Agreement C3 alone (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to the C3 Hub and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the C3 Hub or its use. This Agreement does not convey to the Customer any rights of ownership in or related to the C3 Hub or the Intellectual Property Rights owned by C3. The names, trade names, trademarks, service marks, artwork, designs, or copyrighted materials of each party that may be associated with the C3 Hub are the property of each of the respective parties and no right or license is hereby granted by its owner to the other party to use them except expressly in accordance with this Agreement.
Rights and Limitations. Section 1. Unless otherwise modified by this Agreement, the following include, but are not limited to, the exclusive rights of CITY:
A. Determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the employer, standards of services, its overall budget, utilization of technology, and organizational structure;
B. Direct, supervise, evaluate or hire employees;
C. Maintain and improve the efficiency or effectiveness of governmental operations;
D. Determine the overall methods, process, means or personnel by which governmental operations are to be conducted;
E. Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees;
F. Determine the adequacy of the work force;
G. Determine the overall mission of the CITY as a unit of government;
H. Effectively manage the work force;
I. Take actions to carry out the mission of CITY as a governmental unit;
J. The right to make and enforce reasonable work rules. It is agreed that the above listing of management rights shall not be deemed to exclude other inherent rights and responsibilities which shall remain vested exclusively with CITY.
Section 2. The conduct and grading of civil service examinations for the position of Police Officer, the rating of candidates for the position of Police Officer, the establishment of eligible lists from the examinations for the position of Police Officer, and the original appointment from the eligible lists are not appropriate subjects for collective bargaining.
Rights and Limitations. It is agreed that the administration of the Municipality, the direction of its employees, including the making and enforcing of rules to assure orderly and efficient operations, the determination of employee competence, the right to hire, to transfer, to promote, to demote, to dismiss or discipline in accordance with Civil Service Rules and Regulations, to lay off for lack of work or funds, are rights vested exclusively with the Management of the City except as otherwise modified by this Agreement. Those rights are inclusive of the right:
1. to determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the City, standards of services, its overall budget, and utilization of technology;
2. to direct, supervise, schedule, evaluate, hire, discipline, suspend, demote, discharge, reprimand, layoff, transfer, promote, or retain employees except as modified by this contract;
3. to maintain and improve the efficiency and effectiveness of the City’s operations;
4. to determine the overall methods, process, means, or personnel, internal and external, by which the City’s operations are to be conducted.
5. to make, amend, and enforce work rules, regulations, standard operating policies, and procedures;
6. to determine the overall mission of the City as a unit of government including the individuals served by the City and the services provided;
7. to effectively manage the work force;
8. to take actions to carry out the mission of the City as a governmental unit. It is further agreed that the direction of the work force, the right to plan, to direct and control municipal operations, the right to introduce new or improved work methods, equipment or facilities and the amount of supervision necessary are further rights vested exclusively with Management. The above rights are not all inclusive, but are indicative of the prerogatives which belong to and are inherent with Management. Any of the rights, powers, or authority the Municipality had prior to the signing of this Agreement are retained by the Municipality except those specifically abridged or modified within this Agreement. Management and the Union recognize the responsibilities incumbent on them and the trust that has been placed in their care to assure prompt and efficient services to the citizenry. Accordingly, provisions of this Agreement which are to be changed, modified, or otherwise abridged shall be by means of neg...
Rights and Limitations. Please see specific exceptions and additional terms related to GeoMedia Viewer Software, Beta Software, Evaluation Software, and Educational Software set forth at the end of this XXXX.
Rights and Limitations. Section 1. It is agreed that the administration of the Municipality, the direction of its employees, the determination of work schedules and assignments, and the making and enforcing of reasonable rules to effect orderly and efficient operations, the evaluation of employee performance (pursuant to the procedure adopted by the parties), the right to hire, transfer, promote, demote, and discipline or dismiss for cause (as provided in Civil Service Law, the Municipality's administrative regulations and the Rules and Regulations of the Xxxxxxxx Civil Service Commission), and to lay off for lack of work are rights vested exclusively in the Management of the Municipality, except as they have been otherwise
Section 2. The Municipality will notify the Union immediately upon determining that a position is to be filled, expanded, or created within a classification represented by Local 648. All qualified members of the Union will be given equal consideration with all other applicants who may apply. The Municipality will comply with Civil Service Rules and Regulations pertaining to hiring of new employees. There will be no discrimination between Union and non-Union members.
Rights and Limitations. Voyager reserves the right to amend, modify or supplement the Product Specifications or the Manufacturing Process unilaterally and in its sole discretion for the purpose of complying with the Regulatory Approvals, GMP, other Applicable Law, or, upon ninety (90) days prior notice, for any other reasonable business purpose. Voyager shall promptly supply SBS with appropriate documentation relating to any such changes to the Product Specifications or Manufacturing Process to the extent that such changes affect SBS’s Manufacturing of the Product hereunder. In the event that SBS cannot reasonably implement or comply with such changes to Product Specifications (it being acknowledged and agreed by SBS that increase in Manufacturing Cost shall not constitute a valid justification for failure to implement or comply with such changes), then SBS shall not be required to implement or comply with such changes. SBS may not amend, modify or supplement the Product Specifications or the Manufacturing Process for the Product in any respect without the prior written consent of Voyager, which consent shall not be unreasonably withheld or delayed.
Rights and Limitations. All Sprint Data is Confidential Information and is the exclusive property of Sprint subject to the exclusions of section 5.2. Service Provider will not, except as otherwise stated in this Agreement, store, copy, analyze, monitor, or otherwise use any Sprint Data. All Service Provider Data is Confidential Information and is the exclusive property of Service Provider Sprint subject to the exclusions of section 5.
Rights and Limitations. In performing its services, Bank shall not be under any duty to handle the Program funds or any sums in its possession pursuant to this Agreement with any greater degree of care than it gives to other funds held on behalf of its customers. Bank may act in reliance on any instructions that Bank believes to be genuine, and it may assume that any person who provides such instructions on behalf of Participant or Provider has been duly authorized to do so. Bank may act upon advice of counsel with respect to any matter related to this Agreement and shall not be liable for any mistake of fact or error of judgment, or acts or omissions of any kind, unless caused by the willful misconduct of Bank. Bank is not obligated to perform any activity or service related to the Agreement except the actions that are specifically described herein. Bank shall have the right to suspend its services for Participant at any time. Neither Bank nor Provider is responsible for the misapplication of refunds that results from error, negligence or malfeasance on the part of Participant or Participant’s offices. In the event Bank or Provider has received the Customer’s tax refunds but Bank or Provider is unable to deliver the tax refund proceeds to the Customer for any reason, the funds will be returned to the IRS or the appropriate state taxing authority.
Rights and Limitations. Neither this Agreement nor any of the rights or obligations of either Party hereunder shall be transferred or assigned by such Party without the prior written consent of the other Party, executed by a duly authorized officer of such Other Party. Notwithstanding the foregoing, (a) Angiotech may assign this Agreement, without the consent of Orthovita, (i) in part or in whole to any of its Affiliates, if Angiotech remains liable for the full performance of its Affiliates’ obligations hereunder, and (ii) in connection with the transfer or sale of all or substantially all of its assets or business to which this Agreement relates, or in the event of its merger or consolidation with, acquisition by, or sale to another company (including an Affiliate of Angiotech); and (b) subject to Orthovita’s compliance with Article 7, Orthovita may assign this Agreement, without the consent of Angiotech, (i) in part or in whole to any of its Affiliates, if Orthovita remains liable for the full performance of its Affiliates’ obligations hereunder, and (ii) in connection with the transfer or sale of all or substantially all of its assets or business to which this Agreement relates, or in the event of its merger or consolidation with, acquisition by, or sale to another company (including an Affiliate of Orthovita).
Rights and Limitations. Under this Agreement, the Customer shall not be granted any rights or license to C3 Reservations other than a non-‐exclusive license to access and use C3 Reservations online as provided for here and above. Rights not expressly granted to the Customer are reserved by C3. Except for Customer Data, at no time will Customer hold title to or ownership of: a) any of C3 Reservations software, data, and source code in readable forms together with make and build files; and/or, b) any other software, code, data, graphics or other materials or resources transmitted to Customer in order to provide C3 Reservations under this Agreement. C3 alone (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to C3 Reservations and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to C3 Reservations or its use. This Agreement does not convey to the Customer any rights of ownership in or related to C3 Reservations or the Intellectual Property Rights owned by C3. The names, trade names, trademarks, service marks, artwork, designs, or copyrighted materials of each party that may be associated with C3 Reservations are the property of each of the respective parties and no right or license is hereby granted by its owner to the other party to use them except expressly in accordance with this Agreement.