Pre-existing Attachments Clause Samples

The Pre-existing Attachments clause defines how the agreement treats any liens, security interests, or encumbrances that already exist on the relevant assets or property before the contract takes effect. In practice, this clause typically requires the parties to disclose any such prior claims and may specify whether these attachments will remain in place, be subordinated, or need to be released as a condition of the agreement. Its core function is to ensure transparency and protect the parties from unexpected claims or legal complications arising from undisclosed or unresolved prior interests.
Pre-existing Attachments. Unless otherwise notified, pre‐existing Attachment(s) of Licensee as of the effective date of this Agreement shall be grandfathered with respect to Permitting, but shall be subject to the fees and charges specified in Article 3 in future billing periods. Licensee shall provide District with a list of all known pre‐ existing Attachments within six months of the effective date of this Agreement. All such pre‐existing Attachments shall comply with the terms of this Agreement. Attachments to or rights to occupy Utility Facilities not covered by this Agreement must be separately negotiated.
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Pre-existing Attachments. Unless updates or upgrades are required by Applicable Standards, or unless Owner notifies Joint User to the contrary, Joint User shall not be required to obtain Permits for authorized Attachment(s) existing as of the Effective Date of this Agreement. Such grandfathered Attachments shall, however, be subject to the new Attachment Fees specified in Appendix A. 6.4.1 Notwithstanding the foregoing, the City’s records of the Parties’ Poles and Attachments shall serve as the base line list of the number of Joint Use Poles that each Party occupies as of the Effective Date of this Agreement, unless contested by Brightspeed prior to the Effective Date. The Parties will mutually agree on Attachments made after the base line was established and prior to the Effective Date of this Agreement that they will be grandfathered Attachments.
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Related to Pre-existing Attachments

  • Pre-Existing Materials 5.3.1. Citizens acknowledges that, in the course of performing the Services, Vendor may use materials, software, reports, routines, language, instructions, methods, techniques, trade secrets, patents, copyrights, or other intellectual property that have been previously developed, purchased, licensed, or acquired by Vendor or by third parties (collectively, the "Pre-Existing Materials"), and that such Pre-Existing Materials shall remain the sole and exclusive property of Vendor or the third parties. Where Vendor seeks to embed Pre-Existing Materials in the Work Product, Vendor must first obtain written approval from Citizens. 5.3.2. If and to the extent any Pre-Existing Materials of Vendor are embedded or incorporated in the Work Product, Vendor hereby grants to Citizens the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license to: (a) use, execute, reproduce, display, perform, distribute copies of and prepare derivative works based upon such Pre-existing Materials and any derivative works thereof for Citizens’ internal business purposes only; and, (b) authorize others to do any or all of the foregoing for Citizens’ internal business purposes only. 5.3.3. If and to the extent any Pre-Existing Materials of third parties are embedded or incorporated in the Work Product, Vendor shall secure for Citizens an irrevocable, perpetual, non-exclusive, worldwide, royalty-free and fully paid-up right to use, execute, display, and perform such Pre-Existing Materials. Vendor shall secure such right at its expense and prior to incorporating any such Pre-Existing Materials into any Work Product, and such right must include, if practicable, a right to: (a) copy, modify, and create derivative works based upon such Pre-Existing Materials; and, (b) sublicense all or any portion of the foregoing rights to an affiliate or a third party service provider of Citizens. This Section does not apply to standard office software (e.g., Microsoft Office).

  • Attachments This contract consists of 7 pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C – “Standard State Provisions for Contracts and Grants” a preprinted form (revision date 12/15/2017)

  • Pre-Existing Intellectual Property Each Party shall retain ownership of its respective Pre-Existing Intellectual Property. The Contractor grants the State a perpetual, irrevocable, non-exclusive, royalty free license for Contractor’s Pre-Existing Intellectual Property that are incorporated in the products, materials, equipment, deliverables, or services that are purchased through the Contract.

  • Alterations and Attachments Student and Parent may not make any alterations in or add attachments, hardware, or software to the mobile device computer absent express permission from M-DCPS, which permission is at the sole option of M-DCPS.

  • Pre-Existing Conditions The Contractor acknowledges that it has been provided unrestricted access to the existing improvements and conditions on the Project site and that it has thoroughly investigated those conditions. Contractor’s investigation was instrumental in preparing its Proposal to perform the Work. Contractor shall not make or be entitled to any adjustment to the Contract Time or the Contract Sum arising from Project conditions that Contractor discovered or, in the exercise of reasonable care, should have discovered in Contractor’s investigation.