When Not Applicable Sample Clauses

When Not Applicable. The above provision shall not apply to and Aquantia shall have no liability or obligation for any [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. infringement to the extent attributed to: (a) any modification, servicing or addition made to the Item by anyone other than Aquantia or by a third party without Aquantia’s permission but only to the extent such infringement was caused by such modification, servicing or addition, (b) the use of the Item as a part of or in combination with any devices, parts or software not provided by Aquantia but only to the extent such infringement would not have occurred but for such modification, (c) the use of such Item to practice any method or process which does not occur within the Item, but only to the extent such infringement would not have occurred but for such use (d) compliance with Buyer’s detailed specifications to the extent that Aquantia does not have any discretion in the implementation of such specifications, but only to the extent such infringement would not have occurred but for such compliance, (e) incorporation into the Item or use in the manufacturing process of any technology provided by Buyer, to the extent such technology is required by Buyer to be so incorporated or used but only to the extent such infringement would not have occurred but for such incorporation or use.
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When Not Applicable. The above provision shall not apply to and Atheros shall have no liability or obligation for any infringement arising from: (a) any modification, servicing or addition made to the Component by anyone other than Atheros, (b) the use of the Component as a part of or in combination with any devices, parts or software not provided by Atheros to the extent such combination itself or any such device, part or software not provided by Atheros gives rise to the infringement, (c) the use of such Component to practice any method or process which does not occur wholly within the Component to the extent such method or process occurring outside the Component gives rise to the infringement, (d) compliance with Buyer’s design requirements or specifications, (e) Buyer’s use or sale of such Component after notice from Atheros that Buyer should cease use of the Component due to such Claim, or (f) any implementation of a Component other than in a Licensee Product.
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When Not Applicable. The above provision shall not apply to and Atheros shall have no liability or obligation for any infringement arising from: (a) any modification, servicing or addition made to the Component by anyone other than (i) Atheros or (ii) an authorized agent of Atheros, (b) the use of the Component as a part of or in combination with any devices, parts or software not provided by Atheros, (c) the use of such Component to practice any method or process which does not occur wholly within the Component, (d) compliance with Buyer’s design requirements or specifications, (e) the use of other than the then-current unaltered release of the Component available from Atheros, where provided by Atheros and where such use would avoid the infringement (f) Buyer’s use or sale of such Component after notice from Atheros that Buyer should cease use of the Component due to such Claim or (g) any implementation of a Component other than in a Licensee Product.
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Related to When Not Applicable

  • Means Not Applicable TIA Section Indenture Section ----------- ----------------- (c)................................................... N.A. 317 (a)(1)................................................ 5.03 (a)(2)................................................ 5.03 (b)................................................... 3.03 318 (a)................................................... 11.07 TABLE OF CONTENTS DEFINITIONS AND INCORPORATION BY REFERENCE

  • Not Applicable c. The rate of interest applicable to each such Eligible Investment . . . . . . . . . . . . . . . .

  • Section 203 of the DGCL Not Applicable The Company Board has taken all actions necessary so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” with an “interested stockholder” (each as defined in Section 203) shall not apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement.

  • LAW APPLICABLE This Lease shall be construed and enforced in accordance with the laws of the state where the Leased Premises are located.

  • The Buyer is Not a “Dealer”. The Buyer and the Company hereby acknowledge and agree that the Buyer has not: (i) acted as an underwriter; (ii) acted as a market maker or specialist; (iii) acted as “de facto” market maker; or (iv) conducted any other professional market activities such as providing investment advice, extending credit and lending securities in connection; and thus that the Buyer is not a “Dealer” as such term is defined in the 1934 Act.

  • SERVICES NOT EXCLUSIVE/USE OF NAME Your services to the Fund pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that you may render investment advice, management and other services to others, including other registered investment companies, provided, however, that such other services and activities do not, during the term of this Agreement, interfere in a material manner, with your ability to meet all of your obligations with respect to rendering services to the Fund. The Trust and you acknowledge that all rights to the name “Simplify Asset” or any variation thereof belong to you, and that the Trust is being granted a limited license to use such words in in the names of its series or in any class name. In the event you cease to be the adviser to the Fund, the Trust’s right to the use of the name “Simplify Asset” shall automatically cease on the ninetieth day following the termination of this Agreement. The right to the name may also be withdrawn by you during the term of this Agreement upon ninety (90) days’ written notice by you to the Trust. Nothing contained herein shall impair or diminish in any respect, your right to use the name “Simplify Asset” in the name of, or in connection with, any other business enterprises with which you are or may become associated. There is no charge to the Trust for the right to use this name.

  • Dispositions Not Authorized No Grantor is authorized to sell or otherwise dispose of the Collateral except as set forth in Section 4.1(d) and notwithstanding any course of dealing between any Grantor and the Administrative Agent or other conduct of the Administrative Agent, no authorization to sell or otherwise dispose of the Collateral (except as set forth in Section 4.1(d)) shall be binding upon the Administrative Agent or the other Secured Parties unless such authorization is in writing signed by the Administrative Agent with the consent or at the direction of the Required Lenders.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

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