Subject to Section 5. 1.1, the Agreement shall become binding and effective upon execution by the University, A/E, and Ohio Attorney General.
5.1.3.1 If the A/E is a joint venture, (1) each individual joint venture shall (a) sign the Agreement in its own name and (b) be a party to the Contract, and (2) the Contract shall be binding on and apply to all joint venturers jointly and severally.
5.1.3.2 If the A/E is a limited liability company, which the Contracting Authority reasonably believes to be a special purpose or similar entity, the Contracting Authority may in its discretion require the limited liability company and each member of the limited liability company to (1) sign the Agreement in its own name and (2) be a party to the Contract. In that case, the Contract shall be binding on and apply to the limited liability company and to all its members jointly and severally.
Subject to Section 5. 5.2, Revlon may sublicense its rights under the Agreement to (a) any Subsidiary of Revlon in the ordinary course of the Business or (b) subject to the terms of this Section 2.2.1, any third party on an arms-length basis. Notwithstanding the foregoing, Revlon (i) assumes liability for the acts/omissions of its sublicensees with respect to their operations pursuant to this Agreement; and (ii) guarantees payment of the Royalty owed to BrandCo pursuant to this Agreement. Any sublicense granted to a third party pursuant to and in accordance with Section 2.2.1 must: (x) include a written agreement by the applicable sublicensee to assume and otherwise comply with all of the obligations of Revlon hereunder with regard to the Licensed IP and (y) other than sublicenses granted to third parties for use of the Licensed IP in connection with Other Goods and Services, be approved in writing by BrandCo (such approval not to be unreasonably withheld or delayed).
Subject to Section 5. 7.11.1, the GMP Amendment shall become binding and effective upon execution by the Contracting Authority and DB, with concurrence of the Owner. Thereafter, the GMP Amendment, and the Work will be subject to Modifications as provided in the Contract Documents.
5.7.11.1 It is expressly understood by the DB that none of the rights, duties, and obligations described in the GMP Amendment shall be valid and enforceable unless the Director of the Office of Budget and Management first certifies that there is a balance in the Owner’s appropriation not already encumbered to pay existing obligations.
5.7.11.2 If the Project is administered using the State’s web-based project management software, the Contracting Authority, Owner, and DB shall execute and distribute the GMP Amendment using the “Change Order” or “Contract Modification” business process with the “GMP Amendment” workflow.
Subject to Section 5. 1.3 of this Agreement, Confidential Information which is obtained by any party to this Agreement from a third party without obligation of confidence (provided, however, that such third party has no obligation of confidence to one of the parties hereto) or which becomes public knowledge otherwise than through the fault of a party to this Agreement or any of such party's directors, officers, agents, consultants, servants or employees, shall be deemed to be in the public domain and accordingly Section 5.1.1 of this Agreement shall not apply to such portion of the Confidential Information which has been so obtained or which has become public knowledge.
Subject to Section 5. 1.1, the Contract shall become binding and effective upon execution by the Contracting Authority, the Owner, and the Contractor, and Ohio Attorney General approval.
Subject to Section 5. 1.1, the Agreement shall become binding and effective upon execution by the Contracting Authority, Owner, and CM.
5.1.3.1 If the CM is a joint venture, (1) each individual joint venturer shall (a) sign the Agreement in its own name and (b) be a party to the Contract, and (2) the Contract shall be binding on and apply to all joint venturers jointly and severally.
5.1.3.2 If the CM is a limited liability company, which the Contracting Authority reasonably believes to be a special purpose or similar entity, the Contracting Authority may in its discretion require the limited liability company and each member of the limited liability company to (1) sign the Agreement in its own name and (2) be a party to the Contract. In that case, the Contract shall be binding on and apply to the limited liability company and to all of its members jointly and severally.
Subject to Section 5. 2.1 above, as between Microsoft and Inktomi, Microsoft will own all rights in and to Microsoft Technology.
Subject to Section 5. 3.6.5, if, after the cessation of the impact of the event of Force Majeure, MSG directs Contractor to remobilize, MSG shall pay [*****] of the reasonable and actual costs of remobilization of Contractor and its Subcontractors. Contractor shall be responsible for the other [*****] of such costs.
Subject to Section 5. The outstanding principal balance of this Debenture and all accrued and unpaid interest thereon shall be due and payable on the Maturity Date.
Subject to Section 5. 06, Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its and its Affiliates’ directors, officers, employees and agents, including accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent requested by any Governmental Authority (including any self-regulatory authority), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, (d) to any other party to this Agreement, (e) in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to this Agreement or any other Collar Loan Documentation or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (ii) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction (including any hedging transactions referenced in Section 8.04(d)) relating to the Collateral, Borrower or the Obligations, (g) with the consent of Borrower or (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to Lender on a non-confidential basis from a source other than Borrower. For the purposes of this Section, “Information” means all information received from Borrower relating to Borrower or its business hereunder or pursuant hereto, other than any such information that is available to Lender on a non-confidential basis prior to disclosure by Borrower and other than information pertaining to this Agreement routinely provided by arrangers to data service providers, including league table providers, that serve the lending industry; provided that, in the case of information received from Borrower after the date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the co...
