Rights in Case of Defects in Title Sample Clauses

Rights in Case of Defects in Title. (1) The Software delivered or provided by PTW shall be free from third party rights, which prevent the use in accordance with the contract. Excepted from this are customary retentions of title. The absence of defects of title shall not be deemed guaranteed unless separately agreed in writing. (2) If third parties are entitled to such rights and they pursue these, then PTW shall do everything in its power, in order to defend the Software at its own expense against the third party rights claimed. Licensee shall inform PTW in writing without delay of the claiming of such rights by third parties and shall give Licensor all powers of attorney and authorisations which are necessary in order to defend the Software against the third party rights claimed. (3) To the extent that there are defects in title, PTW is (a) entitled at its option to either (i) take legitimate measures to remove the third party rights, which impair the contractual use of the Software, or (ii) remedy the enforcement of such claims, or (iii) change or replace the Software in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the warranted functionality of the Software, and (b) under an obligation to reimburse Licensee for its necessary refundable costs incurred in the enforcement of legal claims, insofar as these are not based on the Licensee´s conduct in breach of duty. (4) If a release under para. (3) within a reasonable time limit set by Licensee, then Licensee may subject to the statutory prerequisites at its option withdraw from this Agreement or reduce of the price and claim damages. (5) In all other respects § 6 para. (4), (6), (8) and (11) apply accordingly.
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Rights in Case of Defects in Title. The Software delivered or provided by PTW shall be free from third party rights, which prevent the use in accordance with the contract. Excepted from this are customary retentions of title.
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Rights in Case of Defects in Title. 9.1 The Program shall be free from third party rights, which prevent the use in accordance with this License Agreement. IT-QBase GmbH Telefon +00 (0)00 000 000 00 Bankverbindung: Geschäftsführer: Xxxxxx Xxxxxxxxxxx Xxxxxxx Landstr. 135 Fax +00 (0)00 000 000 00 Sparkasse Oberhessen Sitz der Gesellschaft, Bad Nauheim 9.2 If third parties are entitled to such rights and they pursue these, then IT-QBase shall do everything in its power, in order to defend the Program at its own expense against the third party rights claimed. You shall inform IT-QBase in writing without delay of the claiming of such rights by third parties and shall give IT-QBase all powers of attorney and authorizations which are necessary in order to defend the Program against the third party rights claimed. 9.3 To the extent that there are defects in title, IT-QBase is (a) entitled at its option to either (i) take legitimate measures to remove the third party rights, which impair the contractual use of the Program, or (ii) remedy the enforcement of such claims, or (iii) change or replace the Program in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the warranted functionality of the Program, and (b) under an obligation to reimburse You for necessary refundable costs incurred in the enforcement of legal claims. 9.4 If a release under para. (3) within a reasonable time limit set by You fails, You are entitled to assert Your rights to withdraw or reduce payment as set out under statutory law or claim damages within the scope of the liability provisions of this License Agreement (see Section 10 below).
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Rights in Case of Defects in Title. (1) The Software delivered or provided by PTW shall be free from third party rights, which prevent the use in accordance with the contract. Excepted from this are customary retentions of title. The absence of defects of title shall not be deemed guaranteed unless separately agreed in writing. (2) If third parties are entitled to such rights and they pursue these, then PTW shall do everything in its power, in order to defend the Software at its own expense against the third party rights claimed. Licensee shall inform PTW in writing without delay of the claiming of such rights by third parties and shall give Licensor all powers of attorney and authorisations which are necessary in order to defend the Software against the third party rights claimed. (3) To the extent that there are defects in title, PTW is (a) entitled at its option to either (i) take legitimate measures to remove the third party rights, which impair the contractual use of the Software, or (ii) remedy the enforcement of such claims, or (iii) change or replace the Software in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the warranted functionality of the Software, and
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Related to Rights in Case of Defects in Title

  • Rights in Data If, in connection with the services performed under this Contract, Contractor or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code, specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machine (Deliverable Materials), all rights of Contractor or its subcontractors in the Deliverable Materials, including, but not limited to publication, and registration of copyrights, and trademarks in the Deliverable Materials, are the sole property of City. Contractor, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to Contractor’s work on behalf of the City without prior written consent of City. Contractor may not publish or reproduce any Deliverable Materials, for purposes unrelated to Contractor’s work on behalf of the City, without the prior written consent of the City.

  • Rights in Properties; Liens The Borrower and each Subsidiary have good and indefeasible title to or valid leasehold interests in their respective properties and assets, real and personal, including the properties, assets, and leasehold interests reflected in the financial statements described in Section 7.2, and none of the properties, assets, or leasehold interests of the Borrower or any Subsidiary is subject to any Lien, except as permitted by Section 9.2.

  • Our Rights You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.

  • Rights in Work Product (a) I agree that all Work Product (as hereinafter defined) will be the sole property of SOHU. I agree that all Work Product that constitutes original works of authorship protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act and, therefore, the property of SOHU. I agree to waive, and hereby waive and irrevocably and exclusively assign to SOHU, all right, title and interest I may have in or to any other Work Product and, to the extent that such rights may not be waived or assigned, I agree not to assert such rights against SOHU or its licensees (and sublicensees), successors or assigns. (b) I agree to promptly disclose all Work Product to the appropriate individuals in SOHU as such Work Product is created in accordance with the requirements of my job and as directed by SOHU.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing. (b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD. (c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUYER's nominated port. The BUILDER reserves the option to retrieve, at the BUILDER's cost, any of the replaced equipment/parts in case defects are remedied in accordance with the provisions in this Article. (d) Any dispute under this Article shall be referred to arbitration in accordance with the provisions of Article XIII hereof.

  • Data Rights User retains all rights over any data and other information that User may provide, upload, transfer or make available in relation to, or which is collected from User’s devices or equipment by, the Software, including, without limitation, information pertaining to how the Software obtains, uses, and respond to inputs, location, ambient conditions, and other information related to use and operation of the Software with Honeywell or third-party products, software or websites (“Usage Data”). Honeywell has the right to retain, transfer, disclose, duplicate, analyze, modify, and otherwise use Usage Data to protect, improve, or develop its products, services, and related offerings. All information, analysis, insights, inventions, and algorithms derived from Usage Data by Honeywell (but excluding the Usage Data itself) and any intellectual property rights obtained related thereto, are owned exclusively and solely by Xxxxxxxxx.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • User Rights Under the Creative Commons Attribution-NonCommercial-NoDerivs license, the author(s) and users are free to share (copy, distribute and transmit the contribution) under the following conditions: 1. they must attribute the contribution in the manner specified by the author or licensor, 2. they may not use this contribution for commercial purposes, 3. they may not alter, transform, or build upon this work.

  • Contract (Rights of Third Parties) Xxx 0000 22.1 No person who is not a party to this Grant Agreement shall have the right to enforce any of its terms.

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