Incorporated Materials Sample Clauses

Incorporated Materials. Without limiting the provisions of Section 14.3(d), should either Party incorporate into Developed Materials any intellectual property subject to third party patent, copyright or license rights, any ownership or license rights granted herein with respect to such Materials shall be limited by and subject to any such patents, copyrights or license rights; provided that, prior to incorporating any such intellectual property in any Materials, the Party incorporating such intellectual property in the Materials has disclosed this fact and obtained the prior approval of the other Party.

Incorporated Materials. Without limiting the provisions of Section 7.3.4

Incorporated Materials. The cost, net of trade discounts, of all materials,

Incorporated Materials. Should either Party incorporate into Developed Materials any intellectual property subject to third party patent, copyright or license rights, any ownership or license rights granted herein with respect to such Materials shall be limited by and subject to any such patents, copyrights or license rights; provided that, prior to incorporating any such intellectual property in any Materials, the Party incorporating such intellectual property in the Materials has disclosed this fact and obtained the prior approval of the other Party, and provided further that, each Party’s obligation to disclose patented subject matter of a third party is based on such Party’s knowledge after exercising reasonable due diligence (not including patent searches unless the information available would reasonably lead such Party to believe that a patent search is required).

Incorporated Materials. Customer affirms that it has reviewed and assented to all material posted on ▇▇▇▇▇▇▇▇' Customer Service Website to which this Agreement refers, and agrees to be bound to those terms and conditions as if fully set forth herein.

Incorporated Materials. Borrower shall, upon request, deliver to Lender copies of all material contracts, bills of sale, statements, receipted vouchers or material agreements under which Borrower or Operating Lessee claims title to any materials, fixtures or articles incorporated in the Improvements or subject to the lien of the Security Instrument, or under which it has incurred costs for which it is entitled to a Loan advance, and deliver to Lender such other data or documents in connection with the PIP Project as Lender may from time to time reasonably request. Defects . Borrower will promptly notify Lender upon Borrower’s or Operating Lessee’s discovery of any material defects in performance of or any material departures from any PIP. Borrower shall promptly, including upon demand of Lender, correct any such defects or departures not approved by Lender.

Incorporated Materials. In connection with the performance of the Services, you, whether at our suggestion, or otherwise, may deliver to us some or all of the following to be incorporated into your Materials: photographs (including, without limitation, a photograph of you), illustrations and/or other artwork of you and/or any third-party (collectively, the “Incorporated Materials”). All Incorporated Materials shall be in a form suitable, in our sole and absolute determination, for reproduction. In addition, you, at your sole cost and expense, shall secure any and all licenses, authorizations, consents, approvals, releases, clearances, permissions and/or other rights as to any and all Incorporated Materials to be incorporated into, and/or used in connection with the publication, marketing, distribution, sale and/or other exploitation of, the Materials. You hereby grant to us the non-exclusive, royalty-free, worldwide right to use all Incorporated Materials in the manner contemplated by this Agreement and to sublicense all of the foregoing rights to each Distributor, which automatically shall cease immediately upon the termination of this Agreement, pursuant to the applicable terms and conditions of this Agreement.

Incorporated Materials. Should either Party incorporate into Developed Materials any intellectual property subject to third party patent, copyright or license rights, any ownership or license rights granted herein with respect to such Materials shall be limited by and subject to any such patents, copyrights or license rights; provided that, prior to incorporating any such intellectual property in any Materials, the Party incorporating such intellectual property in the Materials has disclosed this fact and obtained the prior approval of the other Party (and provided further that, in the case of patents, the obligation to disclose and obtain approval shall be limited to patents about which such Party knows or reasonably should know).

Incorporated Materials. The cost, net of trade discounts, of all materials, products, supplies and equipment incorporated into the Self-Performed Work, including, without limitation, costs of transportation and handling. Unincorporated Materials. The cost of materials, products, supplies and equipment not actually installed or incorporated into the Self-Performed Work, but required to provide a reasonable allowance for waste or spoilage, subject to the Design-Builder’s agreement to turn unused excess materials over to the Department at the completion of the Project or, at the Department’s option, to sell the material and pay the proceeds to the Department or give the Department a credit in the amount of the proceeds against the Cost of the Work. Royalty and license fees paid for use of a design, process or product, if its use is required by this Agreement or has been approved in advance by the Department; Fees for obtaining all required approvals or permits associated with any abatement, demolition, utilities abandonment, and utility relocation (including utility connection fees), including any and all building and/or trade permits fees; All performance and payment bonds and general liability insurance. The Department may, in its sole discretion, allow the Design-Builder to recover the costs of subcontractor default insurance at a mutually agreed upon rate in lieu of trade level bonds, provided that such insurance be approved by the Department in advance and after being presented with a cost-benefit analysis of such use; All fees and other costs necessarily incurred to carry out testing and inspection required by the Agreement or applicable laws, or otherwise to maintain proper quality assurance. The costs the Design-Builder incurs to schedule and coordinate any additional testing and inspections the Department may decide to conduct itself shall be within Cost of the Work unless the additional testing establishes that the Work tested was defective or otherwise failed to satisfy requirements set forth in the Agreement, in which case the Design-Builder shall pay the costs, without reimbursement; All bonds to jurisdictional agencies (utilities, storm water management, land disturbance, and grading); The Cost of General Conditions, subject however to the Maximum Cost of General Conditions; and Cost of the Architect/Engineer’s contract reimbursed at cost and without markup; provided, however, that such costs shall not exceed the Design Budget set forth in the Offeror’s Proposal. Any a...