Franchise Rights and Licensing Costs Sample Clauses

Franchise Rights and Licensing Costs. PG&E and CUSTOMER shall each be responsible for all franchises and licenses required by government authorities as may be necessary for their respective operations. If at any time during the Term, a government auth01ity having or asserting franchise or licensing authority over PG&E makes a demand, as a direct result of the IRU reserved by CUSTOMER under the terms of this Agreement, for a new franchise or license, for additional compensation under an existing franchise or license, or indicates its intent to reopen, renegotiate or terminate an existing franchise or license or gives notice of a forfeiture thereof, PG&E shall promptly notify CUSTOMER in writing of such demand. After conferring with each other and allowing PG&E an opportunity to resolve the issue, CUSTOMER may attempt, at its expense, to resolve the issue with the government authority through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of PG&E shall be in the sole discretion of PG&E, and any subsequent litigation, whether brought by PG&E at CUSTOMER's request or by the government authority, shall be conducted at CUSTOMER's expense, but under PG&E's direction and control in coordination with CUSTOMER. If the dispute is resolved through negotiation or settlement approved by CUSTOMER, and the resolution requires the payment of additional consideration by PG&E, or additional costs and expenses to comply with any alternative, additional or modified franchise provisions imposed on PG&E by any government authority having or asserting franchise authority, CUSTOMER shall reimburse PG&E for the amount of the additional consideration, costs and expenses. If the dispute is resolved through litigation in accordance with the foregoing and the resulting final judgment requires the payment of additional consideration by PG&E or additional costs and expenses to comply with any alternative, additional or modified franchise provisions imposed on PG&E by any government authority having or asserting franchise authority, CUSTOMER shall reimburse PG&E for the amount of the additional consideration, costs and expenses. The terms of any settlement must be approved by PG&E and CUSTOMER before it becomes binding. CUSTOMER's obligation to reimburse PG&E for any additional consideration, costs or expenses incurred prior to the expiration or earlier termination of this Agreement shall survive the expiration or termination of this Agreement.
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Franchise Rights and Licensing Costs. XXX and SRP ------------------------------------ shall each be responsible for all franchises and licenses as may be necessary for their respective operations. If at any time during the Term, a governmental authority having or asserting franchise or licensing authority over either XXX or SRP makes a demand, as a result of this Agreement, for a new franchise or license, for additional compensation under an existing franchise or license, or indicates its intent to reopen, renegotiate or terminate an existing franchise or license or gives notice of a forfeiture thereof, XXX or SRP, as applicable, shall promptly notify the other in writing of such demand. After conferring with each other and allowing the party under the jurisdiction or claimed jurisdiction of such governmental authority an opportunity to resolve the issue, the other party may attempt at its expense to resolve the issue with such governmental authority through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of either XXX or SRP shall be in the sole discretion of such party, and any subsequent litigation, whether brought by XXX, at SRP's request, or by SRP, at ELI's request, or by such governmental authority, shall be conducted at the expense and under the direction and control of the party names in the action. If the dispute is resolved either through negotiation, settlement, or litigation, and such resolution requires the payment of additional consideration for such additional or expanded use: (a) XXX shall be required to pay such additional compensation with respect to a franchise or license relating to the SRP Network; and (b) SRP shall be required to pay such additional compensation with respect to a franchise or license relating to the XXX Network. The terms of any settlement must be approved by both XXX and SRP before it becomes binding.
Franchise Rights and Licensing Costs. Each Party shall each be responsible for all franchises and licenses as may be necessary for its operations.

Related to Franchise Rights and Licensing Costs

  • Trademarks, Franchises, and Licenses The Borrower and its Subsidiaries own, possess, or have the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, know how, and confidential commercial and proprietary information to conduct their businesses as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person.

  • License Rights The Recipient must provide a license to its “subject data” to the Federal Government, which license is: (a) Royalty-free, (b) Non-exclusive, and (c) Irrevocable, (2) Uses. The Federal Government’s license must permit the Federal Government to take the following actions provided those actions are taken for Federal Government purposes: (a) Reproduce the subject data, (b) Publish the subject data, (c) Otherwise use the subject data, and (d) Permit other entities or individuals to use the subject data, and

  • Development License Subject to the terms and conditions of this XXXX, You are licensed to perform an installation of the SOFTWARE for an unlimited use in designing, testing and creating Developed Software by unlimited Developers on one or more computers.

  • Inventions Retained and Licensed I have attached hereto, as Exhibit A, a list describing all inventions, original works of authorship, developments, improvements, and trade secrets which were made by me prior to my employment with the Company (collectively referred to as “Prior Inventions”), which belong to me, which relate to the Company’s proposed business, products or research and development, and which are not assigned to the Company hereunder; or, if no such list is attached, I represent that there are no such Prior Inventions. If in the course of my employment with the Company, I incorporate into a Company product, process or machine a Prior Invention owned by me or in which I have an interest, the Company is hereby granted and shall have a nonexclusive, royalty-free, irrevocable, perpetual, worldwide license to make, have made, modify, use and sell such Prior Invention as part of or in connection with such product, process or machine.

  • Exclusive License Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, upon the terms and conditions herein specified, a sole and exclusive license under the Licensed Patent Rights in the Territory, and in the Field of Use to develop, make, have made, import, have imported, use, offer to sell, sell, and otherwise commercialize Licensed Product(s).

  • Sublicense Rights Licensee shall not have the right to grant sublicenses under the licenses granted to it under Section 2.1(a) (Development and Commercialization License to Licensee) and Section 6.3(d) (Use of Coherus Trademark), without the prior written consent of Coherus, which consent may be withheld [***], except with respect to [***], in which case [***]. For the avoidance of doubt, it shall be [***] with respect to [***]. If Coherus consents in writing to allow Licensee to grant a sublicense, then Licensee may grant such sublicense, through [***], subject to the following: (a) each Sublicensee shall agree to be bound by all of the applicable terms and conditions of this Agreement; (b) the terms of each sublicense granted by Licensee shall provide that the Sublicensee shall be subject to the terms and conditions of this Agreement; (c) Licensee’s grant of any sublicense shall not relieve Licensee from any of its obligations under this Agreement; (d) Licensee shall be liable for any breach of a sublicense by a Sublicensee to the extent that such breach would constitute a breach of this Agreement, and any breach of the sublicense by such Sublicensee shall be deemed a breach of this Agreement by Licensee to the extent that such breach would constitute a breach of this Agreement as if Licensee had committed such breach; provided, however, that in each instance of any breach, Licensee and/or Sublicensee shall have the right to cure any such breach pursuant to the terms of this Agreement; and (e) Licensee will notify Coherus of the identity of any Sublicensee, and the territory in which it has granted such sublicense, promptly after entering into any sublicense. Notwithstanding anything to the contrary in this Agreement, for clarity, Licensee shall not have the right to grant sublicenses under Section 2.1 (License Grants) to any Third Party to Manufacture Products or to conduct Process Development.

  • License Agreements (a) Each Borrower and Guarantor shall (i) promptly and faithfully observe and perform all of the material terms, covenants, conditions and provisions of the material License Agreements to which it is a party to be observed and performed by it, at the times set forth therein, if any, (ii) not do, permit, suffer or refrain from doing anything that could reasonably be expected to result in a default under or breach of any of the terms of any material License Agreement, (iii) not cancel, surrender, modify, amend, waive or release any material License Agreement in any material respect or any term, provision or right of the licensee thereunder in any material respect, or consent to or permit to occur any of the foregoing; except, that, subject to Section 9.19(b) below, such Borrower or Guarantor may cancel, surrender or release any material License Agreement in the ordinary course of the business of such Borrower or Guarantor; provided, that, such Borrower or Guarantor (as the case may be) shall give Agent not less than thirty (30) days prior written notice of its intention to so cancel, surrender and release any such material License Agreement, (iv) give Agent prompt written notice of any material License Agreement entered into by such Borrower or Guarantor after the date hereof, together with a true, correct and complete copy thereof and such other information with respect thereto as Agent may request, (v) give Agent prompt written notice of any material breach of any obligation, or any default, by any party under any material License Agreement, and deliver to Agent (promptly upon the receipt thereof by such Borrower or Guarantor in the case of a notice to such Borrower or Guarantor and concurrently with the sending thereof in the case of a notice from such Borrower or Guarantor) a copy of each notice of default and every other notice and other communication received or delivered by such Borrower or Guarantor in connection with any material License Agreement which relates to the right of such Borrower or Guarantor to continue to use the property subject to such License Agreement, and (vi) furnish to Agent, promptly upon the request of Agent, such information and evidence as Agent may reasonably require from time to time concerning the observance, performance and compliance by such Borrower or Guarantor or the other party or parties thereto with the material terms, covenants or provisions of any material License Agreement.

  • Sublicense Agreements Sublicenses shall only be granted pursuant to written agreements, which shall be in compliance and not inconsistent with and shall be subject and subordinate to the terms and conditions of this Agreement (each, a "Sublicense Agreement"). Each such sublicense agreement shall contain, among other things, provisions to the following effect:

  • Benefits of Agreement; No Third-Party Rights None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Member. Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person.

  • Permits and Licenses The Contractor shall observe and comply with all laws, rules, and regulations affecting services under this Agreement. The Contractor shall procure and keep in full force and effect during the term of this Agreement all permits and licenses necessary to accomplish the Work contemplated in this Agreement. END OF EXHIBIT EXHIBIT C SPECIAL PROVISIONS FOR SLEEPING ROOMS

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