Limitation and Reservation of Rights Sample Clauses

Limitation and Reservation of Rights. Nothing contained herein and no use of the Premises or the Data Center by Customer or Customer's payment of any charges shall create or vest in Customer any easement or other property right of any nature in the Premises or Data Center or any property of Qwest or to limit or restrict Qwest's right to access, operate and use the Premises, Data Center and facilities therein at Qwest's discretion.
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Limitation and Reservation of Rights. (a) NewCo shall not, and shall not cause or authorize any third party to sell, lease, license or sublicense the IRI Relevant Technology or Future IRI Relevant Technology. NewCo shall not reverse engineer the IRI Relevant Technology or Future IRI Relevant Technology to determine the internal functioning of the IRI Relevant Technology or Future IRI Relevant Technology. No license or right is granted, by implication or otherwise, to NewCo under any IRI intellectual property now or hereafter owned or controlled by IRI, except for the rights expressly granted in this Agreement and those to be granted with respect to the Future IRI Relevant Technology.
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Limitation and Reservation of Rights. The rights hereby granted to PIONEER shall be limited solely and exclusively to the home use, non-public exhibition of Laser Videodiscs in private homes and residences where no admission fee is charged. Without limiting the specificity of the preceding sentence, the rights hereby granted to PIONEER shall not include any rights with respect to, inter alia, any form of theatrical exhibition, nontheatrical exhibition, public performance and/or any form of exhibition of any kind or character whatsoever, whether public or private, which is delivered, in whole or in part, by means of any broadcast transmission, microwave transmission, cable transmission, satellite transmission or any other remote signal transmission, whether now known or hereafter devised, including, but not limited to, any form or method or manner of free television, pay television, cable television and/or high definition television, transmission over the Internet, on-line services, telecommunications, coaxial or fiber optic cable or any similar means of delivery of any kind or character whatsoever. Notwithstanding anything to the contrary contained herein, PIONEER shall not without obtaining the express written approval of LIVE in each and every instance, have the right to secure arrangements pursuant to which Laser Videodiscs embodying the Programs may be sold (a) where a commercial sponsor pays a royalty, fee or other remuneration to receive the benefit of being identified as a sponsor by logo or otherwise on the outer packaging of such Laser Videodiscs or by being so identified within the motion picture or program embodied therein, or before or after the main titles or end credits therein ("Sponsorships") or (b) to a purchaser (including PIONEER and its affiliates) for the purpose of selling or giving away, or offering to sell or give away, such Laser Videodiscs as an inducement or incentive to buy or use that purchaser's other goods or services, whether or not such Laser Videodiscs are packaged together with such purchaser's other goods or services ("Commercial tie-ins" or "Premiums"); it being expressly understood and agreed that LIVE shall reserve the right to make, or to authorize others, including, but not limited to PIONEER and its affiliates, to solicit and secure the type of arrangements described in (a) and (b) above. Except to the extent otherwise expressly provided to the contrary herein, all rights, title, licenses, privileges and interests of each and every kind and character w...
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Limitation and Reservation of Rights. Each party hereto hereby confirms and agrees that (a) this Amendment (i) does not impose on LCPI affirmative obligations or indemnities not existing as of the date of its petition commencing its proceeding under chapter 11 of title 11 of the United States Code and that could give rise to administrative expense claims, and (ii) is not inconsistent with the terms of the 2007 Credit Agreement, (b) (i) LCPI’s rights to indemnification in its capacity as resigning Administrative Agent under Section 9.9 of the Amended Credit Agreement and (ii) any rights to indemnification of LCPI in its capacity as a Lender under any of the Loan Documents, shall continue in effect for the benefit of LCPI, its sub-agents and their respective affiliates, and (c) any rights to reimbursement or indemnification of LCPI in its capacity (i) as Pledgee arising under the Deed of Pledge of Registered Shares, dated July 27, 2007, by and between Syniverse Technologies, Inc., LCPI as Pledgee and Syniverse Technologies B.V. as the Company, including, without limitation, Section 15 thereof, (ii) in its capacity as Security Agent arising under the Share Pledge Agreement dated December 17, 2007 by and between Highwoods Corporation, LCPI as Security Agent and in the presence of Billing Services Group Luxembourg S.à.x.x. as the Company, including, without limitation, Sections 13 and 18 thereof, and (iii) as Administrative Agent under the Share Mortgage, dated September 27, 2006, by and between Syniverse Technologies, Inc., and LCPI as Administrative Agent, including, without limitation, Section 10 thereof, shall continue in effect for the benefit of LCPI in such capacity.
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Limitation and Reservation of Rights. Each party hereto hereby confirms and agrees that (a) this Agreement (i) does not impose on LCPI affirmative obligations or indemnities not existing as of the date of its petition commencing its proceeding under chapter 11 of title 11 of the United States Code and that could give rise to administrative expense claims, and (ii) is not inconsistent with the terms of the 2008 Credit Agreement and (b) (i) LCPI’s rights to indemnification in its capacity as resigning Administrative Agent under Section 10.10(g) of the Amended Credit Agreement and (ii) any rights to indemnification of LCPI in its capacity as a Lender under any of the Credit Documents, shall continue in effect for the benefit of LCPI, its sub-agents and their respective affiliates.
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Related to Limitation and Reservation of Rights

  • Reservation of Rights NYISO and Connecting Transmission Owner shall have the right to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Developer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein.

  • Limitation of Rights Nothing in this Agreement or the Plan shall be construed to:

  • Company’s Reservation of Rights Employee acknowledges and understands that the Employee serves at the pleasure of the Board and that the Company has the right at any time to terminate Employee's status as an employee of the Company, or to change or diminish his status during the Employment Term, subject to the rights of the Employee to claim the benefits conferred by this Agreement.

  • Reservation of Right You shall have the right not to accept for deposit to the Custody Account any securities which are in a form or condition which you, in your sole discretion, determine not to be suitable for the services you provide under this Agreement.

  • Preservation of Rights No delay or omission of the Lenders or the Administrative Agent to exercise any right under the Loan Documents shall impair such right or be construed to be a waiver of any Default or an acquiescence therein, and the making of a Loan notwithstanding the existence of a Default or the inability of the Borrower to satisfy the conditions precedent to such Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Loan Documents whatsoever shall be valid unless in writing signed by the Lenders required pursuant to Section 8.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Lenders until the Obligations have been paid in full.

  • Authorization and Reservation of Shares The Company shall at all times have authorized, and reserved for the purpose of issuance, a sufficient number of shares of Common Stock to provide for the full conversion or exercise of the outstanding Note and issuance of the Conversion Shares in connection therewith (based on the Conversion Price of the Note in effect from time to time) and as otherwise required by the Note. The Company shall not reduce the number of shares of Common Stock reserved for issuance upon conversion of Note without the consent of the Buyer. The Company shall at all times maintain the number of shares of Common Stock so reserved for issuance at an amount (“Reserved Amount”) equal to five times the number that is then actually issuable upon full conversion of the Note and Additional Note (based on the Conversion Price of the Note in effect from time to time). If at any time the number of shares of Common Stock authorized and reserved for issuance (“Authorized and Reserved Shares”) is below the Reserved Amount, the Company will promptly take all corporate action necessary to authorize and reserve a sufficient number of shares, including, without limitation, calling a special meeting of shareholders to authorize additional shares to meet the Company’s obligations under this Section 4(g), in the case of an insufficient number of authorized shares, obtain shareholder approval of an increase in such authorized number of shares, and voting the management shares of the Company in favor of an increase in the authorized shares of the Company to ensure that the number of authorized shares is sufficient to meet the Reserved Amount. If the Company fails to obtain such shareholder approval within thirty (30) days following the date on which the number of Reserved Amount exceeds the Authorized and Reserved Shares, the Company shall pay to the Buyer the Standard Liquidated Damages Amount, in cash or in shares of Common Stock at the option of the Buyer. If the Buyer elects to be paid the Standard Liquidated Damages Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment. In order to ensure that the Company has authorized a sufficient amount of shares to meet the Reserved Amount at all times, the Company must deliver to the Buyer at the end of every month a list detailing (1) the current amount of shares authorized by the Company and reserved for the Buyer; and (2) amount of shares issuable upon conversion of the Note and as payment of interest accrued on the Note for one year. If the Company fails to provide such list within five (5) business days of the end of each month, the Company shall pay the Standard Liquidated Damages Amount, in cash or in shares of Common Stock at the option of the Buyer, until the list is delivered. If the Buyer elects to be paid the Standard Liquidated Damages Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

  • No Waiver; Reservation of Rights The Investor has not waived, is not by this Agreement waiving, and has no present intention of waiving, the Specified Defaults or any other Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and nothing contained herein shall be deemed or constitute any such waiver. Subject to Section 2 above, the Investor reserves the right, in its discretion, to exercise any or all rights or remedies under the WorldSpace Notes, the other New Transaction Documents, applicable law and otherwise as a result of the Specified Defaults or any other Events of Default that may be continuing on the date hereof or any Events of Default that may occur after the date hereof, and the Investor has not waived any of such rights or remedies and nothing in this Agreement, and no delay on the Investor’s part in exercising such rights or remedies, should be construed as a waiver of any such rights or remedies. Upon the termination of the Forbearance Period, the agreement of the Investor to forbear and the other agreements of the Investor, in each case as set forth in Section 2 above, shall automatically and without further action terminate and be of no force and effect, it being understood and agreed that the effect of such termination will be to permit the Investor and the Collateral Agent (acting upon the instructions of the Investor and on behalf of the Investor) to exercise any and all of its rights and remedies at any time and from time to time thereafter, including, without limitation, the right to accelerate all or any portion of the obligations under the WorldSpace Notes and exercise any other rights and remedies set forth in the WorldSpace Notes, the other New Transaction Documents, applicable law or otherwise, in each case, without any notice, passage of time or forbearance of any kind. The Investor reserve the right to request any additional information (financial or otherwise) with respect to the Specified Defaults or any other Event of Default or otherwise.

  • Preservation and Limitation of Remedies Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale or under applicable law by judicial foreclosure including a proceeding to confirm the sale; (ii) all rights of self-help including peaceful occupation of real property and collection of rents, set-off, and peaceful possession of personal property; (iii) obtaining provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and filing an involuntary bankruptcy proceeding; and (iv) when applicable, a judgment by confession of judgment. Any claim or controversy with regard to any party's entitlement to such remedies is a Dispute.

  • Limitation on Duties Regarding Preservation of Collateral The Secured Party’s sole duty with respect to the custody, safekeeping and preservation of the Collateral, under Section 9207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account. Neither the Secured Party nor any of its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Debtor or otherwise.

  • Termination and Waiver of Rights of First Refusal The rights of first refusal established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the effective date of the registration statement pertaining to the Company’s Initial Offering or (ii) an Acquisition. Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

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