Third Party Works. (a) The Access Holder acknowledges that:
(i) third parties (some of whom have statutory rights) may carry out or require to be carried out Third Party Works on the Network during the Term; and
(ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works if that party has a legal right to undertake those Third Party Works, including as arising from legislation or the NSW Lease.
(b) If ARTC expects that planned Third Party Works are reasonably likely to have a material effect on a Train Path or Path Usage, ARTC will, as soon as reasonably practicable, and in any case, prior to the commencement of the works (except in the case of emergency):
(i) notify the Access Holder and the relevant Operator of the Third Party Works; and
(ii) use its reasonable endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such Third Party Works.
(c) Subject to ARTC complying with clause 11.3
Third Party Works. (a) The Operator acknowledges that:
(i) third parties (some of whom have statutory rights) may wish to carry out or require to be carried out Third Party Works on the Network during the Term; and
(ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works if that party has a legal right to undertake those Third Party Works, including as arising from legislation or the NSW Lease.
(b) Notwithstanding any other provision of this agreement, the Operator agrees that ARTC has no liability to the Operator nor will the Operator make a Claim against ARTC for any costs, expenses, losses or damages incurred by the Operator in relation to or as a consequence of Third Party Works.
Third Party Works. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the Agency’s behalf and in the name of the Agency, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to authorize others to do the same on Agency’s behalf.
Third Party Works. (a) The Access Holder acknowledges that:
(i) third parties (some of whom have statutory rights)may carry out or require to be carried out Third Party Works on the Network during the Term; and
(ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works if that party has a legal right to undertake those Third Party Works, including as arising from legislation or the NSW Lease.
(b) If ARTC expects that planned Third Party Works are reasonably likely to have a material effect on a Train Path or Path Usage, ARTC will, as soon as reasonably practicable, and in any case, prior to the commencement of the works (except in the case of emergency):
(i) notify the Access Holder and the relevant Operator of the Third Party Works; and
(ii) use its reasonable endeavours to provide an alternative Train Path or Path Usage,
(iii) but need not obtain the Access Holder or Operator’s consent to such Third Party Works.
(c) Subject to ARTC complying with clause 11.3(b) but notwithstanding any other provision of this agreement, the Access Holder agrees that ARTC has no Liability to the Access Holder nor will the Access Holder make a Claim against ARTC for any costs, expenses, losses or damages incurred by the Access Holder in relation to or as a consequence of Third Party Works.
Third Party Works. In the event that Work Product is Third Party Intellectual Property, Provider must secure on the City's behalf and in the City’s name, an irrevocable, nonexclusive, perpetual, royalty free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to authorize others to do the same on City's behalf.
Third Party Works. (a) The Operator acknowledges that:
(i) third parties (some of whom have statutory rights) may wish to carry out or require to be carried out Third Party Works on the Network during the Term; and
(ii) Notwithstanding any other provision of this Agreement, ARTC reserves the right to permit third parties to carry out Third Party Works.
(b) Notwithstanding any other provision of this Agreement, the Operator agrees that ARTC has no liability to the Operator nor will the Operator make a claim against ARTC for any costs, expenses, losses or damages incurred by the Operator in relation to or as a consequence of Third Party Works.
Third Party Works. The User shall be responsible for carrying out or procuring that the Third Party Works are carried out and shall carry them out or procure that they are carried out in accordance with the timescales specified in the Construction Programme. The User shall confirm to The Company or, where requested to do so by The Company, provide confirmation from the third party that the Third Party Works have been completed.
Third Party Works. (a) The Access Holder acknowledges that:
(i) third parties (some of whom have statutory rights) may wish to carry out or require to be carried out Third Party Works on the Network during the Term; and
(ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works.
(b) Notwithstanding any other provision of this agreement, the Access Xxxxxx agrees that ARTC has no liability to the Access Holder nor will the Access Holder make a claim against ARTC for any costs, expenses, losses or damages incurred by the Access Holder in relation to or as a consequence of Third Party Works.
Third Party Works. 6.1 Third Party Works will be licensed to the Customer under the relevant licensor’s standard terms and conditions for online use, or on licence terms notified by the Company to the Customer.
6.2 Any licence fees for Third Party Works are included in the Charges (unless the parties agree otherwise).
Third Party Works. RMTi shall at all times assure that the RMTi Products, in executable form, is free from Third-Party Works, except for the Proper Exceptions.
