Continuing Use Sample Clauses
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Continuing Use. In the event any Item purchased or supplied hereunder, or any portion thereof, becomes the subject of any Claim or Copyright Claim, or if Embraer in its reasonable judgment at any time decides that the item purchased or supplied hereunder, or any portion thereof, shall become the subject of such a Claim or Copyright Claim, Embraer shall promptly, but, in any event, no more than thirty (30) days after receipt of written notice from Buyer of a Claim, Copyright Claim or the entry of any order or decree permanently or temporarily enjoining the use of the Item purchased or supplied hereunder, or any portion thereof, at its own expense and option either: (i) obtain for Buyer the right to use the infringing Item, or portion thereof; or (ii) replace, modify, substitute, or update the infringing article, or portion thereof, so that it becomes non-infringing. In the event that any such suit or action results in an order, decree or judgment enjoining or otherwise prohibiting Buyer from effectively using any Item for its intended purposes, or any settlement made or approved by Embraer has such result, Embraer agrees at its option and expense to promptly either: (i) procure for Buyer the right to continue using said Item; or (ii) modify said Item so that it becomes non-infringing and otherwise complies with the provisions of this Agreement; or (iii) replace said item with a non-infringing Item suitable for Buyer’s requirements and in a condition equivalent to that of the Item removed. The foregoing provisions hereof shall apply in case of any such order, decree, judgment or settlement-prohibiting Buyer from effectively using any component or part of the Item. [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. If the party or parties making a Claim or Copyright Claim for which Embraer has agreed to indemnify Buyer hereunder obtains an injunction restraining Buyer’s use of the Item and a bond or other security will be necessary and efficacious to void same, Embraer shall promptly pay to Buyer the amount of premium for any bond or the costs of any other security given by Buyer to release or void such injunction, or alternatively at Embraer’s election shall furnish such bond or other security in Buyer’s behalf.
Continuing Use. The Term of this Agreement shall be for a period of ( ) months commencing on (the “Commencement Date”) and terminating at 11:59 p.m. on (the “Termination Date”). • Licensee shall pay Licensor a fee of dollars and cents ($ . ) (the “Fee”) in advance on or before the first (1st) day of each and every calendar month, without any offset or deduction, for the use of the Facility, during the Term of this Agreement commencing on the Commencement Date and terminating on the Termination Date. Any partial month shall be prorated on a per diem basis. The fee shall be paid directly to Licensor at the above-listed address. • A non-refundable deposit of $ . shall be paid by Licensee to Licensor immediately upon execution of this Agreement. • Day(s) of the Event(s) and Times of Use: (day/days of use) from approximately
Continuing Use. In the event any Service purchased or supplied hereunder, or any portion thereof, becomes the subject of any Claim, or if VENDOR in its reasonable judgment at any time decides that the Services supplied hereunder, or any portion thereof, shall become the subject of such a Claim, VENDOR shall promptly, but, in any event, no more than 30 days after receipt of notice from Northwest of a Claim, or the likelihood thereof or the entry of any order or decree permanently or temporarily enjoining the use of the Services supplied hereunder, or any portion thereof, at its own expense and option either: (i) obtain for Northwest the right to use such Services; or (ii) replace, modify, substitute, or update the infringing Services such that they become non-infringing. In the event that any such suit or action results in an order, decree or judgment enjoining or otherwise prohibiting Northwest from effectively using any Service for its intended purposes, or any settlement made or approved by VENDOR has such result, VENDOR agrees at its option and expense to promptly either: (i) procure for Northwest the right to continue using such Services; or (ii) modify said Services so that it becomes non-infringing and otherwise complies with the provisions of this Agreement; or (iii) replace said Item with a non-infringing Service Item suitable for Northwest’s requirements and in a condition equivalent to that Service. The foregoing provisions hereof shall apply in case of any such order, decree, judgment or settlement prohibiting Northwest from effectively using any provided Service. If the party or parties charging an infringement for which VENDOR has agreed to indemnify Northwest hereunder threatens or obtains an injunction restraining Northwest’s use of the Service and a bond or other security will be necessary and efficacious to avert the issuance of such injunction or to void same if issued, VENDOR shall promptly pay to Northwest the amount of premium for any bond or the costs of any other security given by Northwest to release or void such injunction, or alternatively at VENDOR’s election shall furnish such bond or other security on Northwest’s behalf.
Continuing Use. In the event CLIENT fails to make timely payment to CCI, CLIENT acknowledges that CCI will not allow CLIENT to continue to use the eCM-SERVICES and the eCM-SERVICES will become inaccessible. In such case, CLIENT must satisfy all outstanding and overdue fees, along with any penalty or other charges, before CCI reinstates the eCM- SERVICES for the CLIENT. Delinquent Payments: Should any payment be delinquent, CCI shall be entitled to interest on any unpaid balance at the maximum interest rate permitted by the applicable law and any other charges that may become necessary to make the eCM- SERVICES accessible.
Continuing Use. Purchaser acknowledges and agrees that Seller is continuing to occupy and use a portion of the Real Property consisting of the so-called IT Building and the parking area located behind the library building, and will need to continue to do so until at least September 30, 2018. Purchaser agrees that Seller may continue to occupy such areas, and shall have access rights across the Real Property to such areas, until September 30, 2018, without the payment of rent or other sums, provided that Seller shall continue to maintain its current liability insurance with respect to such use; provided, however, if Seller gives Purchaser at least thirty (30) days' prior written notice, Seller may extend its period of occupancy of such areas for up to an additional sixty (60) days (i.e., until November 29, 2018), without any obligation to pay rent, which continued use and occupancy by Seller shall not materially interfere with Purchaser's renovation of the Property. If Seller breaches its obligation to vacate the Property, Purchaser only may pursue a claim against the Seller pursuant to and in accordance with Chapter 53 of the Connecticut General Statutes.
Continuing Use. In the event a VPI Software product becomes, or in VPI’s opinion is likely to become, the subject of a claim of infringement by a third party, VPI will notify Partner or Partner’s End User and Partner or Partner’s End User will immediately cease all marketing, delivery and/or use of the infringing VPI Software In such cases, VPI may, at its sole option and expense, either: (i) substitute a functionally equivalent non-infringing unit of the VPI Software; (ii) modify the infringing VPI Software so that it no longer infringes but remains functionally equivalent; (iii) obtain for Partner and/or Partner’s End Users, at VPI’s expense, the right to continue use of such VPI Software; or (iv) refund a pro-rated portion of the purchase price for such infringing VPI Software, using a three year straight line depreciation model.