Uninterrupted Access Clause Samples

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Uninterrupted Access. The School Jurisdiction covenants to the Province that the Province’s non-exclusive license of access to and use of the School Sites and the Schools pursuant to Section 4.1 shall be: (a) uninterrupted for the term of this Agreement; and (b) without any disturbance or interference from the School Jurisdiction, its trustees, employees, agents, contractors, tenants, licensees, students, invitees or any other person claiming from or under the School Jurisdiction, in each case subject only to the Identified Encumbrances and the provisions of the DBFM Agreement. The School Jurisdiction, to the extent of its ownership interest, agrees with the Province that it shall defend title to the School Sites against any person claiming any interest adverse to the School Jurisdiction, except where such adverse interest arises as a result of a negligent or wrongful act or omission of the Province or the Contractor or those for whom they are legally responsible, including but not limited to any liens or other encumbrances registered as a result of the acts or omissions of the Contractor or its subcontractors.
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Uninterrupted Access. The School Board covenants to the Province that the Province’s non-exclusive license of access to and use of the School Sites and the Schools shall be: (a) uninterrupted for the term of this Agreement, and (b) without any disturbance or interference from the School Board, its trustees, employees, agents, contractors, tenants, licensees, students, invitees or any other person claiming from or under the School Board, in each case subject only to the Identified Encumbrances and the provisions of the DBFM Agreement. The School Board, to the extent of its ownership interest, agrees with the Province that it shall defend title to the School Sites against any person (including, without limiting the generality of the foregoing, any person claiming aboriginal title or treaty rights) claiming any interest adverse to the School Board, except where such adverse interest arises as a result of a negligent or wrongful act or omission of the Province or the Contractor or those for whom they are legally responsible, including but not limited to any liens or other encumbrances registered as a result of the acts or omissions of the Contractor or its subcontractors.
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Uninterrupted Access. The Province covenants that the Contractor’s access to the Lands pursuant to Section 4.1 shall be uninterrupted during the duration of this Agreement, shall be without any disturbance or interference from the Province or any person claiming from or under the Province, and shall be adequate to enable the Contractor to carry out the Project throughout the Construction Period and to carry out the O&M throughout the Operating Period, in each case subject to the following: (a) the Identified Encumbrances and the Future Utilities as defined in Section 4.8 (but subject in each case to the obligations of the Province under Section 15.4); (b) the exercise by the Province of any express right under and in accordance with this Agreement, including without limitation the Province’s right under Section 5.10 to direct the Contractor to cease construction, the Province’s rights under Sections 7.3 and 7.4 to undertake additional improvements or expansion, the Province’s right under Section 14.4 to access the Lands for inspection purposes, and the Province’s step-in rights under Section 16.6; (c) any interference, including without limitation an injunction issued by a Court or action by protesters, that is attributable to a negligent or wrongful act or omission by the Contractor or those for whom the Contractor is legally responsible. The Province shall defend its title to the Lands against any person (including, without limiting the generality of the foregoing, any person claiming aboriginal title or treaty rights) claiming any interest adverse to the Province in the Lands, except where such adverse interest arises as a result of a negligent or wrongful act or omission of the Contractor or those for whom it is legally responsible. Unless expressly otherwise stated by the Province, any entry upon the Lands by the Province in accordance with the provisions of this Agreement or by any third party through written consent of the Province’s Minister of Infrastructure and Transportation pursuant to the Calgary Restricted Development Area Regulations (AR 212/76, as amended) shall not constitute a breach of this covenant of uninterrupted access to the Lands, provided that such entry does not (having regard to and subject to the provisions of Sections 4.8 and 13.2(n) regarding “Future Utilities”) materially adversely interfere with or disturb the Contractor’s carrying out of the Project or the O&M.
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Related to Uninterrupted Access

  • Restricted Access (a) Buyer agrees that the Facilities themselves contain Seller’s valuable trade secrets. Buyer agrees (i) to restrict the use of such information to matters relating to the Facilities, and (ii) to restrict access to such information as provided in Section 10.3(b). (b) Seller’s Confidential Information will not be reproduced without Seller’s prior written consent, and following termination of this Agreement all copies of such written information will be returned to Seller upon written request (not to be made while materials are still of use to the operation of a Facility and no Buyer Default has occurred and is continuing), unless otherwise agreed by the Parties. Buyer’s Confidential Information will not be reproduced by Seller without Buyer’s prior written consent, and following termination of this Agreement all copies of such written information will be returned to Buyer upon written request or shall be certified by Seller as having been destroyed. (c) Subject to ARTICLE XI and Section 10.2(a) and (b) hereof, the Facilities are offered for sale and are sold by Seller subject to the condition that such sale does not convey any license, expressly or by implication, to manufacture, reverse engineer, duplicate or otherwise copy or reproduce any part of the Facilities, documentation or Software without Seller’s express advance written permission. Subject to ARTICLE XI hereof, Buyer agrees not to remove the covering, not to access the interior or to reverse engineer, or cause or knowingly allow any third party to open, access the interior or reverse engineer any Facility or Software provided by Seller. Subject to ARTICLE XI hereof, and anything contemplated pursuant to this Agreement, only Seller or its authorized representatives may open or access the interior of a Facility. Notwithstanding the foregoing or anything else herein to the contrary, and without limitation of the rights set forth in ARTICLE XI hereof, if any Facility is no longer covered by this Agreement or another agreement between Buyer and Seller (or any Affiliate of Seller) regarding the operation and maintenance of such Facility, Buyer shall be entitled to maintain, or cause a third party to maintain, such Facility, including replacing parts or components as needed or desired; provided that Buyer shall use commercially reasonable efforts to engage a third party to provide such maintenance that is not a competitor of Seller or its Affiliates and is not in litigation or other material dispute with Seller.

  • Unauthorized Access Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.

  • Limited Access If necessary for the fulfillment of the Agreement, NBU may provide the Professional with non-exclusive, limited access to NBU’s information technology infrastructure. The Professional understands and agrees to abide by NBU policies, standards, regulations and restrictions regarding access and usage of NBU’s information technology infrastructure. The Professional shall reasonably enforce such policies, standards, regulations and restrictions with all the Professional’s employees, agents or any tier of subcontractor granted access in the performance of this Agreement, and shall be granted and authorize only such access as may be necessary for the purpose of fulfilling the requirements of the Agreement. The Professional’s employees, agents and subcontractors must receive prior, written approval from NBU before being granted access to NBU’s information technology infrastructure and data and NBU, in its sole determination, shall determine accessibility and limitations thereto. The Professional agrees that the requirements of this Section shall be incorporated into all subcontractor agreements entered into by the Professional. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.

  • Service Access Access to the clinical parts of our Site is restricted to Users. Users of our Site are provided with unique User IDs by the Clinic with which they are associated and must choose a password of their choice to sign on to our Site. Users must provide personal contact information, and you must ensure that your information is kept up to date at all times. User IDs and passwords constitute an electronic signature and will be used by us to authenticate access to our Site. If a User opts to sign onto ▇▇▇▇▇▇.▇▇▇, the User will be able to take advantage of the non- public sections of our Site. If a User opts not to sign onto our Site, their access to our Site will be restricted to the public sections of our Site only. If you are provided with a User ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any User ID at any time, if in our opinion, you have failed to comply with any of the provisions of this Agreement. You may only use our Site as set out in this Agreement. Any illegal or unauthorized use of our Site shall constitute a violation of this Agreement. You do not have permission to access our Site in any way that violates this Agreement or breaches any applicable law. You agree to keep your and your Patients’ Data accurate, current and complete. You may print off or download extracts of page(s) from our Site for your use in Patient care or insertion into a Patient’s electronic health records only.

  • Service Activation For new customers - the services are activated immediately after successful processing of payment and our fraud detection software approves the order. The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled. Free Trials - All free trial orders are manually processed. If we deem your order to be suspicious or high risk, we will notify you and request additional information before process the order. Failure to comply with our request for more information will result in cancellation of the order. For existing customers - the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.