Rights of Non-Exclusive Use Sample Clauses

Rights of Non-Exclusive Use. At and after the Closing, Buyer shall, to the extent it has the authority and to the extent it does not unreasonably interfere with Buyer’s operations, grant to Seller (and, if requested by Seller, to its Affiliates and/or its or their respective contractors and/or successors and assigns), from time to time, as requested by Seller a non-exclusive cost-free right-of-way, servitude and/or surface use or other right on, over, under and through the Properties (including pipeline, utility and surface usage rights, facilities sharing arrangements and all reasonable rights of use and ingress and egress) as reasonably appropriate or convenient to allow Seller Group and their successors and assigns to continue (i) to conduct operations on, over, under and across the Properties in connection with properties and assets not being conveyed from Seller to Buyer under the terms of this Agreement and (ii) to exercise Seller’s retained rights and retained obligations under this Agreement, including to correct Alleged Adverse Conditions pursuant to the terms of Section 5.2, to repair or restore any Properties affected by a Casualty Loss pursuant to the terms of Section 7.2 or to engage in remediation and activities on Excluded Properties or the Xxxxxxx Plant site, with the further understanding that, Seller shall have sole access to and control over the Xxxxxxx Plant site until the Xxxxxxx Plant Adverse Conditions Period begins. Buyer shall, at the request of Seller, execute instruments in recordable form deemed appropriate by Seller to further delineate or evidence the rights granted herein.
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Rights of Non-Exclusive Use. At and after the Closing, Buyer shall, to the extent it has the authority to do so, and to the extent it does not unreasonably interfere with Buyer’s operations, grant to Seller (and, if requested by Seller, to its Affiliates and/or its or their respective contractors and/or successors and assigns), from time to time, as requested by Seller rights of use and ingress and egress as reasonably appropriate or convenient to allow Seller Group and their successors and assigns (i) to correct Alleged Adverse Conditions pursuant to the terms of Article 5.2, or (ii) to repair or restore any Properties affected by a Casualty Loss pursuant to the terms of Article 7.2. In addition to the above rights of use and ingress and egress, Seller Group and their successors and assigns shall be permitted from time to time to engage in operations and activities pursuant to a Production Handling Agreement described in Section
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Rights of Non-Exclusive Use. At and after the Closing, Purchaser shall, to the extent it has the authority to do so and to the extent it does not unreasonably interfere with Purchaser’s operations, grant to Seller (and, if requested by Seller, to its Affiliates and/or its or their respective contractors and/or successors and assigns), from time to time, as requested by Seller a non-exclusive cost-free right-of-way, servitude and/or surface use or other right on, over, under and through the Purchased Assets (including pipeline, utility and surface usage rights, facilities sharing arrangements and all reasonable rights of use and ingress and egress) as reasonably appropriate or convenient to allow Seller Group and their successors and assigns to (i) conduct operations on, over, under and across the Purchased Assets in connection with properties and assets not being conveyed from Seller to Purchaser under the terms of this Agreement, and (ii) exercise Seller’s retained rights and retained obligations under this Agreement, including to correct Alleged Adverse Conditions pursuant to the terms of Section 5.2, to repair or restore any Purchased Assets affected by a Casualty Loss pursuant to the terms of Section 7.2 or to engage in remediation and activities on Excluded Assets. Purchaser shall, at the request of Seller, execute instruments in recordable form deemed appropriate by Seller to further delineate or evidence the rights granted herein. At and after the Closing, to the extent Seller has the right to do so on the Closing Date under the applicable oil and gas lease without the consent of any Person (provided that, if consent is required, Seller shall use Commercially Reasonable Efforts to obtain such consent) and at no cost to Seller, Seller shall assign to Purchaser a non-exclusive, cost-free right-of-way, servitude and/or surface use or other right on, Specific terms in this Exhibit have been redacted because confidential treatment for those terms has been requested. The redacted material has been separately filed with the Securities and Exchange Commission, and the terms have been marked at the appropriate place with three asterisks [***]. over, under and through the property on which any part of the Gathering System is located (including pipeline, utility and surface usage rights, facilities sharing arrangements and all reasonable rights of use and ingress and egress) which is subject to an oil and gas lease in favor of Seller or its Affiliates as reasonably appropriate or convenie...
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Rights of Non-Exclusive Use. (a) At Closing, Buyer shall execute and deliver to Seller recordable instruments, in form and substance reasonably acceptable to Seller and Buyer, granting Seller (and, if requested by Seller, Seller's Affiliates) certain non-exclusive rights-of-way on, over and through the Properties and certain rights to use facilities (including pipeline usage rights, production handling arrangements, and other reasonable rights to use improvements) as appropriate for Seller and its Affiliates to continue to conduct operations on, over and across such Properties, as specified on Schedule 12.2, in connection with properties owned by Seller or its Affiliates at Closing and not being conveyed from Seller to Buyer in the transactions contemplated by this Agreement, provided that where an existing Contract governs such use, the terms of such Contract shall continue to govern such use following Closing.
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Rights of Non-Exclusive Use. At and after the Closing, Purchaser shall, to the extent it has the authority to do so, and to the extent it does not unreasonably interfere with Purchaser’s operations, grant to Seller (and, if requested by Seller, to its Affiliates and/or its or their respective contractors and/or successors and assigns), from time to time, as requested by Seller a non-exclusive cost-free right-of-way, servitude and/or surface use or other right on, over, under and through the Properties as reasonably appropriate or convenient to allow Seller Group and their successors and assigns to fulfill Seller’s retained obligations under this Agreement, in each case, to correct Adverse Conditions or to repair or restore any Properties affected by a Casualty Loss. Seller (on behalf of Seller Group and their successors and assigns) releases Purchaser Group from, and shall fully protect, defend, indemnify, and hold harmless Purchaser Group from and against, any and all Claims relating to, arising out of, or connected with, directly or indirectly, the Seller Group’s use of any such right-of-way, servitude and/or surface use right on, over, under or through the Properties. These indemnity and defense obligations apply regardless of cause or of any negligent acts or omissions (including active or passive, sole, concurrent or comparative negligence or gross negligence), strict liability, breach of duty (statutory or otherwise), violation of Law or other fault of Purchaser Group, or any pre-existing defect.
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Related to Rights of Non-Exclusive Use

  • Non-Exclusive Rights Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Agreement are non-exclusive and Authority herein reserves the right to grant similar privileges to another lessee or other tenants on other parts of the Airport.

  • Remedies Non-Exclusive The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law.

  • Non-Exclusive Right In the event this Agreement is terminated or upon written notice from Western at any time, the Corporation hereby agrees that it will eliminate from the Fund's name any reference to the name of "Western." The Corporation, on behalf of the Fund, shall have the non-exclusive use of the name "Western" in whole or in part only so long as this Agreement is effective or until such notice is given.

  • Non-Exclusive Agreement The services of the Adviser to the Fund under this Agreement are not to be deemed exclusive, and the Adviser shall be free to render similar services or other services to others so long as its services hereunder are not impaired thereby.

  • Non-Exclusive The services of the Administrator rendered to the Trust are not deemed to be exclusive. The Administrator is free to render such services to others. The Administrator shall not be deemed to be affected by notice of, or to be under any duty to disclose to the Trust or Person acting on the Trust’s behalf, information which has come into its possession or the possession of an Interested Party in the course of or in connection with providing administrative or other services to any other person or in any manner whatsoever other than in the course of carrying out its duties pursuant to this Agreement.

  • Non-exclusivity of Rights Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

  • Non-Exclusive License Sponsor grants Institution and Principal Investigator a royalty free non-exclusive license, with no right to sublicense, to use Trial Data for internal research or educational purposes. c.

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • Non-Exclusive License Grant In the event that either: (i) the making, have made or use by Merck or its Related Parties of any Cue Biologics during the term of this Agreement; or (ii) the making, having made, use, import, offer for sale and/or sale by Merck or its Related Parties of Compound or Product in the Territory would infringe a claim of an issued letters patent that Company (or its Affiliate) Controls and which patents are not covered by the grant in Section 3.1, Company hereby grants to Merck, to the extent Company is legally able to do so, a non-exclusive, sublicensable, royalty-free license in the Territory under such issued letters patent for Merck and its Related Parties to conduct such activities with respect to the Cue Biologics, Compounds and Products for all activities in the Field.

  • Waiver and Non-Exclusion of Remedies Any term or condition of this Agreement may be waived at any time by the Party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition. The waiver by either Party hereto of any right hereunder or of the failure to perform or of a breach by the other Party shall not be deemed a waiver of any other right hereunder or of any other breach or failure by such other Party whether of a similar nature or otherwise. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by Applicable Law or otherwise available except as expressly set forth herein.

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