Third Party Land Sample Clauses

Third Party Land. The Access Holder acknowledges that: (a) the land specified in item 4 of Schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; and (b) entry onto that Third Party Land is not included within the definition of Access, and agrees that in respect of that Third Party Land: (c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time; (d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; and (e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.
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Third Party Land. It is acknowledged that a Developer may wish to extend their
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Third Party Land. 20.1 Collaborative approach to securing any third-party land to the extent required for the proposed development
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Third Party Land. [Insert diagram(s)/table(s) (if applicable)] 5 Weighbridges and Overload Detectors
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Third Party Land. 8.5.1 Where as a condition of any planning permission, road construction consent or other statutory consent issued in respect of any of the Project Sites, the Contractor is required to carry out works on land lying outwith any of the Project Sites, then the Council will be obliged to use all reasonable endeavours to procure for the benefit of the Contractor all necessary rights which may be required in order to implement any such planning permission/road construction consent. 8.5.2 Where implementation of the Project requires access to any land owned by the Council and such rights are not granted in the Lease in favour of the Contractor then the Council will be obliged to allow the Contractor all necessary rights which may be required subject always to obtaining the Council's approval (such approval not to be unreasonably withheld or delayed and to be deemed granted where provided for in the Building Works Specification. 8.5.3 Where any Building Works require to be carried out on land outwith the Project Sites and the Contractor is prevented from carrying out the works in question by the lawful action of the relevant land owner then (without prejudice to the Contractor's obligation to use all reasonable endeavours (other than instigating litigation) to carry out the works in question) the non-completion of such works shall be disregarded in determining whether the Service Commencement Requirements have been met.
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Third Party Land. 16.11.1 Without prejudice to the Contractor's rights in respect of Relief Events and Force Majeure Events and subject to Clause 16.12 and to Section 16 of Schedule 1.1a (Statement of Requirements: Transmission Service), if the Contractor is unable to obtain access to Third Party Land due to an Emergency, the Contractor shall not be entitled to any relief and/or claim compensation under this Agreement. 16.11.2 Save as specified in Clause 16.11.1, where the Contractor is unable to obtain access to Legacy Assets (or any New Asset which replaces a Legacy Asset) despite using its best endeavours (subject to reasonable commercial cost constraints) to obtain such access and: (A) during the period up to the Base Service Charge Date, such access was for the development of the Base Network necessary to undertake the capabilities defined in the Link Table; (B) at any time, the Contractor is in compliance with the CRP Process and the Contractor has used and continues to use all reasonable endeavours to mitigate the effects of any delay; and (C) at any time, the prevention of access is not due to the breach or default of the Contractor or any Contractor Party, 16.11.3 The relief to which the Contractor shall be entitled pursuant to Clause 16.11.2 shall be as follows: (A) During the period up to the Base Service Charge Date, the Contractor shall be entitled to the payment of amounts equivalent to (and paid at the same time as) the Base Service Charge which would have been paid by the Authority to the Contractor if the access had not been prevented as described in Clause 16.11.2. (B) During the period up to the Base Service Charge Date, the Longstop Date shall be postponed by such period as is reasonable taking account of the likely effect of the prevention of access as described in Clause 16.11.2. (C) At any time, the Authority shall not be entitled to terminate this Agreement pursuant to Clause 51 (Termination for Contractor Default) by reason of the prevention of access as described in Clause 16.11.2. (D) At any time, subject to paragraph 6.3 of Part 2 of Schedule 27 (Service Credit Regime), the Authority shall not, for the duration of the prevention of access, as described in Clause 16.11.2, be entitled to make deductions or award Service Credits under Clause 30 (Service Credit Regime) which would not have been deducted or awarded had the access not been prevented, as described in Clause 16.11. 16.11.4 If the Contractor is unable to obtain access to Third Party Land ...
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Related to Third Party Land

  • Third Party Use You may allow your agents, contractors and outsourcing service providers (each a “Permitted Third Party”) to use the Product(s) licensed to you hereunder solely for your benefit in accordance with the terms of this XXXX and you are responsible for any such Permitted Third Party’s compliance with this XXXX in such use. Any breach by any Permitted Third Party of the terms of this XXXX will be considered your breach.

  • Third Party IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency’s benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency’s internal business or governmental purposes only, to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency’s advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee’s compliance with this Section 6.3, including without limitation documentation indicating a third party’s written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product.

  • Third Party Sites The Platform may provide links to third-party web sites. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than the Company are solely between you and that third party. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service xxxx, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.

  • Third Party Licenses If (a) in the opinion of outside patent counsel to Licensee, Licensee, or any of its Affiliates or Sublicensees, cannot Exploit a Licensed Product in a country in the Territory without infringing one or more Patents that have issued to a Third Party in such country, or (b) as a result of any claim made against a Party, or any of its Affiliates or Sublicensees, alleging that the Exploitation of a Licensed Product infringes or misappropriates any Patent or any other intellectual property right of a Third Party in a country in the Territory, a judgment is entered by a court of competent jurisdiction from which no appeal is taken within the time permitted for appeal, such that Licensee cannot Exploit such Licensed Product in such country without infringing the Patent or other proprietary rights of such Third Party, then, in either case, Licensee shall have the first right, but not the obligation to negotiate and to obtain a license from such Third Party as necessary for the Exploitation of any Licensed Product hereunder in such country; provided, however, that NovaDel shall have the sole right to seek any such license with respect to the Licensed Process and shall use commercially reasonable efforts to obtain such a license in its own name from such Third Party in such country, under which NovaDel shall, to the extent permissible under such license, grant a sublicense to Licensee as necessary for Licensee, and any of its Affiliates and Sublicensees, to Exploit the Licensed Product as provided hereunder in such country. Licensee shall be solely responsible for one hundred percent (100%) of all royalty and other obligations with respect to the Exploitation of the Licensed Product; provided, however, that Licensee shall have the right to credit fifty percent (50%) any royalties paid by Licensee, its Affiliates or Sublicensees under such license with respect to such country against the royalty payments to be paid by Licensee to NovaDel with respect to the sale of the Licensed Product(s) under Section 4.1; provided, however, that no royalty payment when due, regardless of the amount or number of credits available to Licensee in accordance with this Agreement, shall be reduced by more than fifty percent (50%) of the amounts otherwise owed pursuant to Section 4.1 in any calendar quarter. Credits not exhausted in any calendar quarter may be carried into future calendar quarters.

  • Third Party Users If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use the Connecting Transmission Owner’s Attachment Facilities, or any part thereof, Developer will be entitled to compensation for the capital expenses it incurred in connection with the Attachment Facilities based upon the pro rata use of the Attachment Facilities by Connecting Transmission Owner, all third party users, and Developer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Attachment Facilities, will be allocated between Developer and any third party users based upon the pro rata use of the Attachment Facilities by Connecting Transmission Owner, all third party users, and Developer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. If the issue of such compensation or allocation cannot be resolved through such negotiations, it shall be submitted to FERC for resolution.

  • Third Party Links Certain content, products, and services available through this Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating any third party content or its accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party.

  • Third Party Contracts From the Effective Date through and including the Closing Date, Seller agrees to enter into only those third-party contracts which are necessary to carry out its obligations under Section 5.2, which shall be on market terms and cancellable on thirty (30) days written notice or less, without payment of any fee or penalty. Copies of all such contracts so entered into by Seller shall be promptly provided by Seller to Purchaser.

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Third Party Patent Rights No Party makes any warranty with respect to the validity, perfection or dominance of any Patent or other proprietary right or with respect to the absence of rights in Third Parties which may be infringed by the manufacture or sale of the Licensed Product. Each Party agrees to bring to the attention of the other Party any patent or patent application it discovers, or has discovered, and which relates to the subject matter of this Agreement.

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