Federal Acquisition Sample Clauses

Federal Acquisition. This Software is a commercial product that has been developed exclusively at private expense or with public funds from sources other than the United States Government. If this Software and Documentation is acquired directly or indirectly on behalf of a unit or agency of the United States Government under the terms of (i) a United States Department of Defense contract, then pursuant to DOD FAR Supplement 227.7202-3(a), the United States Government shall only have the rights set forth in this License Agreement; or (ii) a civilian agency contract, then use, reproduction, or disclosure is subject to the restrictions set forth in FAR clause 27.405(b)(2)(i), entitled Acquisition of Existing Computer Software, and any restrictions in the agency's FAR supplement and any successor regulations thereto, and the restrictions set forth in this License Agreement. If this Agreement and the licenses herein fail to meet the United States Government’s needs or are inconsistent in any respect with U.S. federal procurement law, the government agrees to return the Software, unused, to Maplesoft.
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Federal Acquisition. This provision applies to all acquisitions of the QNX Materials and Documentation by, for, or through the federal government of the United States. By accepting delivery of the QNX Materials or Documentation, the government hereby agrees that this software or documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014. Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the QNX Materials and Documentation by the federal government (or other entity acquiring for or through the federal government) and shall supersede any conflicting contractual terms or conditions.
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Federal Acquisition. This provision applies to all acquisitions of the Software and Documentation by, for, or through the federal government of the United States. By accepting delivery of the Software, the U.S. government hereby agrees that this Software and Documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014. Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the Software by the U.S. federal government (or other entity acquiring for or through the U.S. federal government) and shall supersede any conflicting contractual terms or conditions. If this Agreement and the licenses herein fail to meet the government’s needs or is inconsistent in any respect with U.S. federal procurement law, the government agrees to return the Software, unused, to Maplesoft.
Sample 1
Federal Acquisition. This provision applies to all acquisitions of the Arrcus Software by or for the Federal Government, whether by any prime contractor or subcontractor and whether under any procurement contract, grant, cooperative agreement, or other activity by or with the Federal Government. By accepting delivery of the Arrcus Software, the Government agrees the Arrcus Software qualifies as “commercial” computer software within the meaning of the acquisition regulations applicable to this procurement. The terms and conditions of this Agreement shall pertain to the Government’s use and disclosure of the software, and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the Government’s needs or is inconsistent in any respect with Federal law, the Government agrees to return this the Arrcus Software, unused, to Arrcus.
Sample 1
Federal Acquisition. This provision applies to all acquisitions of the Software by or for the Federal Government, whether by any prime contractor or subcontractor (at any tier) and whether under any procurement contract, grant, cooperative agreement, or other activity by or with the Federal Government. By accepting delivery of the Software, the Government agrees that the Software qualifies as “commercial items” as that term is defined at 48 C.F.R. 2.101 and that the software and documentation delivered by Licensor consists of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all Federal Government end users acquire the software and documentation with only those rights set forth herein. The terms and conditions of this Agreement shall pertain to the Federal Government’s use and disclosure of the software, and shall supersede any conflicting contractual terms or conditions. Disputes with the Federal Government shall be subject to resolution pursuant to the Contract Disputes Act of 1978, as amended. If this Agreement fails to meet the Government’s needs or is inconsistent in any respect with Federal law, then the Federal Government shall return the Software, unused, to Licensor.
Sample 1
Federal Acquisition. This provision applies to all acquisitions of the Program and Documentation by or for the federal government of the United States. By accepting delivery of the Program, the government hereby agrees that this software qualifies as “commercial” computer software within the meaning of FAR Part 12.212, DFARS Part 227.7202-1, DFARS Part 227.7202-3, DFARS Part 252.227-7013, and DFARS Part 252.227-7014. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the Program and Documentation, and shall supersede any conflicting contractual terms or conditions. If this license fails to meet the government’s minimum needs or is inconsistent in any respect with federal procurement law, the government agrees to return the Program and Documentation, unused, to Vendor.
Sample 1

Related to Federal Acquisition

  • Investments; Acquisitions Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make or own any Investment in any Person, including any Joint Venture, or acquire, by purchase or otherwise, all or substantially all the business, property or fixed assets of, or Capital Stock of any Person, or any division or line of business of any Person except:

  • FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES 52.202-01 DEFINITIONS (NOV 2013) 52.203-03 GRATUITIES (APR 1984) 52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

  • Mergers, Acquisitions, Etc Merge or consolidate with any other entity or acquire all or a material part of the assets of any person or entity, or form or create any new Subsidiary or affiliate, or commence operations under any other name, organization, or entity, including any joint venture.

  • Information Acquisition Connecting Transmission Owner and Developer shall each submit specific information regarding the electrical characteristics of their respective facilities to the other, and to NYISO, as described below and in accordance with Applicable Reliability Standards.

  • Investments and Acquisitions The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Investments (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments therefor, or to create any Subsidiary or to become or remain a partner in any partnership or joint venture, or to make any Acquisition of any Person, except:

  • Consummation of Acquisition Concurrently with the making of the initial Loans, (i) the Buyer shall have purchased pursuant to the Acquisition Documents (no provision of which shall have been amended or otherwise modified or waived in a manner that is materially adverse to the Lenders’ interests) without the prior written consent of the Agents), and shall have become the owner, free and clear of all Liens, of all of the Acquisition Assets, (ii) the proceeds of the initial Loans shall have been applied in full to pay a portion of the Purchase Price payable pursuant to the Acquisition Documents for the Acquisition Assets and the closing and other costs relating thereto, and (iii) the Buyer shall have fully performed all of the obligations to be performed by it under the Acquisition Documents.

  • Mergers, Acquisitions, Sales, etc The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

  • Land Acquisition Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Xxxxxxx agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.

  • Limited Condition Acquisitions Notwithstanding anything in this Agreement or any Loan Document to the contrary, when calculating any applicable ratio or any basket based on Consolidated EBITDA or total assets, or determining other compliance with this Agreement (including the determination of compliance with any provision of this Agreement which requires that no Default or Event of Default has occurred, is continuing or would result therefrom, but excluding Section 4.02 to the extent set forth therein) in connection with a Specified Transaction undertaken in connection with the consummation of a Limited Condition Acquisition, the date of determination of such ratio or any basket based on Consolidated EBITDA or total assets, and determination of whether any Default or Event of Default has occurred, is continuing or would result therefrom or other applicable covenant shall, at the option of the Borrower (the Borrower’s election to exercise such option in connection with any Limited Condition Acquisition, an “LCA Election”), be deemed to be the date the definitive agreements for such Limited Condition Acquisition are entered into (the “LCA Test Date”) and if, after such ratios and other provisions are measured on a Pro Forma Basis after giving effect to such Limited Condition Acquisition and the other Specified Transactions to be entered into in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) as if they occurred at the beginning of the applicable Test Period ending prior to the LCA Test Date, the Borrower could have taken such action on the relevant LCA Test Date in compliance with such ratios and provisions, such provisions shall be deemed to have been complied with; provided that no such acquisition shall constitute a Limited Condition Acquisition unless the Payment Conditions are satisfied on a Pro Forma Basis on the applicable LCA Test Date. For the avoidance of doubt, (x) if any of such ratios are exceeded as a result of fluctuations in such ratio (including due to fluctuations in Consolidated EBITDA of the Borrower and its Subsidiaries) at or prior to the consummation of the relevant Limited Condition Acquisition, such ratios and other provisions will not be deemed to have been exceeded as a result of such fluctuations solely for purposes of determining whether the Limited Condition Acquisition is permitted hereunder and (y) such ratios and other provisions shall not be tested at the time of consummation of such Limited Condition Acquisition or related Specified Transactions. If the Borrower has made an LCA Election for any Limited Condition Acquisition, then in connection with any subsequent calculation of any ratio or basket availability with respect to any other Specified Transaction on or following the relevant LCA Test Date and prior to the earlier of the date on which such Limited Condition Acquisition is consummated or the date that the definitive agreement for such Limited Condition Transaction is terminated or expires without consummation of such Limited Condition Acquisition, any such ratio or basket shall be calculated on a Pro Forma Basis assuming such Limited Condition Acquisition and other transactions in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) have been consummated.

  • GOVERNMENT ACQUISITION 19.1 MBSB has not received any notification of any acquisition by the acquiring authority of the whole or any part of the property. In the event of any such acquisition or intended acquisition the sale of the property shall not be annulled nor there any adjustment or abatement of the Purchase Price. In this respect, upon the full payment of the Purchase Price by the Purchaser to the bank together with all interest on late payment (if any) all compensation, which may be paid by the acquiring authority shall belong to the Purchaser.

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