Uninterrupted Access and Use Sample Clauses

Uninterrupted Access and Use. The Province covenants that the Contractor’s access to and use of 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, as applicable, throughout the Construction Period and 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 to and use of 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, to the extent 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 pursuant to the Edmonton Restricted Development Area Regulations (AR 287/74, as amended) or the Sherwood Park West Restricted Development Area Regulations (AR 45/74, as amended) shall not constitute a breach of this covenant of uninterrupted access to and use of 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 ...
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Uninterrupted Access and Use. The City covenants that Project Co’s access to and use of the City Lands and the Infrastructure pursuant to Section 4.1 [Access and Use] shall be without any material disturbance or material undue interference from the City or any City Person, and shall be available throughout the Term as is necessary to enable Project Co to carry out the Design and Construction, subject to the following: (a) the Permitted Encumbrances (but subject in each case to the obligations of the City under Section 6.2 [Other Work] and pursuant to Schedule 28 [Project Approvals and Utility Matters]); (b) the exercise by the City of any express right under and in accordance with this Agreement, including the City’s right under Section 5.5 [Stop Work Order] to direct Project Co to cease any Project Work; the City’s rights under Section 6.2 [Other Work] and to undertake additional improvements or expansion; the City’s right under Section
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Uninterrupted Access and Use. The Province covenants that the Contractor’s access to and use of the School Sites and the Schools pursuant to Section 4.1 shall be uninterrupted during the duration of this Agreement, shall be without any disturbance or interference from the Province, the School Boards or the Municipalities or any person claiming from or under the Province, the School Boards or the Municipalities, and shall be adequate to enable the Contractor to carry out the Project throughout the Construction Period and to carry out the M&R throughout the School M&R Period and the M&R Period, in each case subject to the following: (a) the Identified Encumbrances; (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 Section 7.3 to undertake Modifications, the Province’s right under Section
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Uninterrupted Access and Use. ‌ The Province covenants that the Contractor’s access to and use of the Lands, the Infrastructure, and the Existing Facilities 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 a right of access to or use of the Lands, the Infrastructure and the Existing Facilities from or under the Province, and shall be adequate to enable the Contractor to carry out the Project and the Existing Facilities O&M 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 4.6 (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 Section 7.3 to undertake additional improvements or to accommodate additional utilities, the Province’s right under Section 14.4 to access to and use of 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, to the extent 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 or the Department of Tourism, Parks and Recreation shall not constitute a breach of this covenant of uninterrupted access to and use of the Lands, provided that such entry does not (having regard to and subject to the provisions of Sections 4.6 and 13.2(k) regarding Future Utilities) materially adversely interfere with or dist...
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Uninterrupted Access and Use. ‌ The Province covenants that the Contractor’s access to and use of the School Sites and the Schools pursuant to Section 4.1 shall be uninterrupted during the duration of this Agreement, shall be without any disturbance or interference from the Province, the School Boards or the Municipalities or any person claiming a right of access to or use of the School Sites from or under the Province, the School Boards or the Municipalities, and shall be adequate to enable the Contractor to carry out the Project throughout the Construction Period and to carry out the M&R throughout the School M&R Period and the M&R Period, in each case subject to the following: (a) the Identified Encumbrances; (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 Section 7.3 to undertake Modifications, the Province’s right under Section
Sample 1

Related to Uninterrupted Access and Use

  • Access and Use 1. Each Party shall ensure that any service supplier of the other Party is accorded access to and use of public telecommunications transport networks and services in a timely fashion, on transparent, reasonable and nondiscriminatory terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 6. 2. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications transport network or service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to the provisions of paragraphs 5 and 6, that such suppliers are permitted: (a) to purchase or lease and attach terminal or other equipment which interfaces with the network and which is necessary to supply their services; (b) to interconnect private leased or owned circuits with public telecommunications transport networks and services or with circuits leased or owned by other service suppliers; (c) to use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications transport networks and services to the public generally; and (d) to perform switching, signaling and processing functions. 3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications transport networks and services for the movement of information 4. Notwithstanding the provisions of paragraph 3, a Party may take such measures as are necessary: (a) to ensure the security and confidentiality of messages; or (b) to protect the personal data of users of public telecommunications transport networks or services, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks and services other than as necessary: (a) to safeguard the public service responsibilities of suppliers of public telecommunications transport networks and services, in particular their ability to make their networks or services available to the public generally; or (b) to protect the technical integrity of public telecommunications transport networks or services.

  • 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.

  • Zone File Access Agreement Registry Operator will enter into an agreement with any Internet user, which will allow such user to access an Internet host server or servers designated by Registry Operator and download zone file data. The agreement will be standardized, facilitated and administered by a Centralized Zone Data Access Provider, which may be ICANN or an ICANN designee (the “CZDA Provider”). Registry Operator (optionally through the CZDA Provider) will provide access to zone file data per Section 2.1.3 of this Specification and do so using the file format described in Section 2.1.4 of this Specification. Notwithstanding the foregoing, (a) the CZDA Provider may reject the request for access of any user that does not satisfy the credentialing requirements in Section 2.1.2 below; (b) Registry Operator may reject the request for access of any user that does not provide correct or legitimate credentials under Section 2.1.2 below or where Registry Operator reasonably believes will violate the terms of Section 2.1.5. below; and, (c) Registry Operator may revoke access of any user if Registry Operator has evidence to support that the user has violated the terms of Section 2.1.5 below.

  • Additional Access Rights For the avoidance of doubt any grant of Access Rights not covered by the Grant Agreement or this Consortium Agreement shall be at the absolute discretion of the owning Party and subject to such terms and conditions as may be agreed between the owning and receiving Parties.

  • Facility Access Notwithstanding any other provision of the Agreement, the Customer shall provide the Authority with such access to the Facility, and such documentation, as the Authority deems necessary to determine the Customer’s compliance with the Customer’s Supplemental Commitments specified in this Schedule B.

  • 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.

  • User Access Transfer Agent shall have a process to promptly disable access to Fund Data by any Transfer Agent personnel who no longer requires such access. Transfer Agent will also promptly remove access of Fund personnel upon receipt of notification from Fund.

  • Unauthorized Access Notification XXX shall notify Provider promptly of any known unauthorized access. XXX will assist Provider in any efforts by Provider to investigate and respond to any unauthorized access.

  • Dissemination of Research Findings and Acknowledgement of Controlled-Access Datasets Subject to the NIH GDS Policy

  • Authorized Uses The Participating Institutions and the Authorized Users may make all use of the Licensed Materials as is consistent with the applicable law and with this Agreement, including but not limited to the following licensing conditions ("Authorized Uses"). In addition, the Licensed Materials may be used for purposes of research, education or other non-commercial use as particularly follows:

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