Upgrade Works Sample Clauses

Upgrade Works. 9.9.1 Where Upgrade Works are due and in need at any portion of the Premises and the Tenant reasonably forms the view that undertaking the Upgrade Works at the relevant portion of the Premises is not viable because the cost of undertaking the works is excessive and not warranted when considering the overall condition of the relevant Premises, the Tenant may refer the matter to the Landlord for consideration and the Landlord may, within 2 months of the date of the referral, give notice to the Tenant that the Landlord, in its absolute discretion: (a) will undertake the Upgrade Works to the relevant portion of the Premises; or (b) agrees that undertaking the Upgrade Works is not viable and gives the Tenant 90 days’ notice of termination of the Lease in respect of the relevant portion of the Premises; or (c) disagrees that undertaking the Upgrade Works is not viable and gives the Tenant the option of: (i) performing the Upgrade Works itself; or (ii) surrendering the Lease in respect of the relevant Premises, in either case by giving the Landlord 30 days’ written notice. 9.9.2 If the Tenant makes a referral under clause 9.9.1, the Tenant must provide documentary evidence to support its view that undertaking Upgrade Works in respect of the Premises or portion therof is not viable. 9.9.3 If the Landlord terminates the Lease under clause 9.9.1(b) or the Tenant surrenders the Lease under clause 9.9.1(c)(ii), the Landlord will not be obliged to provide any replacement premises.
Sample 1
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Related to Upgrade Works

  • Upgrades If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier XXXX and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.

  • Creative Work The Executive agrees that all creative work and work product, including but not limited to all technology, business management tools, processes, software, patents, trademarks, and copyrights developed by the Executive during the term of this Agreement, regardless of when or where such work or work product was produced, constitutes work made for hire, all rights of which are owned by the Employer. The Executive hereby assigns to the Employer all rights, title, and interest, whether by way of copyrights, trade secret, trademark, patent, or otherwise, in all such work or work product, regardless of whether the same is subject to protection by patent, trademark, or copyright laws.

  • Embedded Software To the extent any goods contain Embedded Software (defined below) that is not Buyer’s Property, no title to such Embedded Software shall pass to Buyer, and Supplier shall grant Buyer, its customers and all other users a non-exclusive worldwide, irrevocable, perpetual, royalty-free right to use, load, install, execute, demonstrate, market, test, resell, sublicense and distribute such Embedded Software as an integral part of such goods or for servicing the goods (the “Buyer-Required License”). If such Embedded Software or any part thereof is owned by a third party, prior to delivery, Supplier shall obtain the Buyer-Required License from such third-party owner. “Embedded Software” means software necessary for operation of goods and embedded in and delivered as an integral part of goods.

  • Software Upgrades All Software Releases (including all Error corrections made available pursuant to this Agreement) that RSA in its sole discretion: (a) deems to be logical improvements to the Software; (b) make generally available to all licensees of the Software; and (c) does not separately price or market.

  • Hardware and Software In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Credit Union from time to time. Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

  • System Upgrade Facilities Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Software Updates XXXXX agrees to keep current with software licensed from Skyward and will install new versions on a timeline approved by XXXXX governance. This timeline will be communicated by NWRDC to the Districts.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Software Inclusions Restrictions

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

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