Use of Instruments of Service Sample Clauses

Use of Instruments of Service. Except for the rights and licenses granted in this Article, no other license or right shall be deemed granted or implied under this Contract. The Owner permits and authorizes the Contractor, Subcontractors, sub-Subcontractors, and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work.
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Use of Instruments of Service. 4.5.1. Documents (including Electronic Data) prepared by the Engineer for a Project, such as reports, drawings, specifications, record drawings, and other deliverables (“Documents”) are instruments of the Engineer's professional services, and not products. City shall have a non-exclusive, irrevocable license in the Documents for the City's informational purposes in its use and maintenance of the Project. The City acknowledges that such Documents are not intended or represented to be suitable for use or reuse by the City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation and certification of the same by a licensed Design Professional. 4.5.2. In the event of any use or adaptation by the City after termination of a Project whereby the Documents are verified for reuse, revised, altered, or otherwise modified by anyone other than the Engineer, City agrees to defend and indemnify the Engineer from any claims, damages, costs or expenses (including reasonable attorney’s fees) arising out of any defect or deficiency in such reused or modified Documents, or in a Project constructed pursuant to them.
Sample 1
Use of Instruments of Service. Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Contract. GEFA permits and authorizes the Contractor, subcontractors, sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Sample 1
Use of Instruments of Service. Upon execution of this Agreement and so long as Client is not in default of its obligations to Stolfus, Stolfus grants Client a nonexclusive license to reproduce all finished Instruments of Service under a Task Order solely for use on the Project (the “License”), subject to the following: (a) if Client is in default of this Agreement, including instances where Stolfus terminates the Agreement or Task Order for nonpayment, the License is terminated without the necessity of further action on the part of the parties; (b) if Client terminates this Agreement or Task Order for Stolfus’ default (or for Client’s convenience and Client is not in default of its obligations to Stolfus), the License is terminated without the necessity of further action on the part of the parties and is replaced by a nonexclusive license permitting Client, subject to the other provisions of this Agreement, to authorize properly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. Stolfus shall be awarded damages for Client’s use of the Instruments of Service if it is later determined by an authority with competent jurisdiction that Stolfus was not in default. Stolfus retains the right to use, sell, and/or modify any databases developed and/or modified in performing its services.
Sample 1

Related to Use of Instruments of Service

  • Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

  • Use of Service Each Party shall make commercially reasonable efforts to ensure that its Customers comply with the provisions of this Agreement (including, but not limited to the provisions of applicable Tariffs) applicable to the use of Services purchased by it under this Agreement.

  • Terms of Service FINAL PAGE

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

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