Common use of Transfer or Acquisition of Titles Clause in Contracts

Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired from another party, Suweco shall ensure that the Publisher shall use best efforts to ensure that neither NTK nor the Participating Institutions lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher is acting as the transferring or acquiring party. If the Publisher is transferring any portion of the Materials to another party, Suweco shall ensure that the Publisher will guarantee use the best efforts to assign all rights and obligations to the assignee. If Publisher is acquiring works that become subject to this Agreement, Suwecoshall ensure that the Publisher will use best efforts to acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. Suweco agrees to use best efforts to communicate with the party from which it is acquiring works to exchange such relevant payment and rights information. For journal titles, Suweco ensure that the Publisher will comply with the NISO Transfer Code of Practice.1 is replaced by the text: Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired from another party, Suweco shall ensure the Publisher shall use best efforts that the Participating Institutions do not lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher/s is acting as the transferring or acquiring party. If Publisher/s are transferring any portion of the Materials to another party, Suweco shall use reasonable efforts to ensure Publisher/s guarantee to assign all rights and obligations to the assignee. If Publisher/s are acquiring works that become subject to this Agreement, Suweco will use reasonable efforts to ensure Publisher/s acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. For journal titles, Suweco will make reasonable efforts to ensure that the Publisher will comply with the NISO Transfer Code of Practice.2

Transfer or Acquisition of Titles. If any portion of the Licensed Materials is transferred to or acquired from another party, Suweco shall ensure that the Publisher Licensor shall use best efforts to ensure that neither NTK Licensee nor the Participating Institutions lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher is acting as the transferring or acquiring party. If the Publisher is transferring any portion of the Materials to another party, Suweco shall ensure that the Publisher will guarantee use the best efforts to assign all rights and obligations to the assignee. If Publisher is acquiring works that become subject to this Agreement, Suwecoshall ensure that the Publisher will use best efforts to acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. Suweco agrees to use best efforts to communicate with the party from which it is acquiring works to exchange such relevant payment and rights information. For journal titles, Suweco ensure that the Publisher will comply with the NISO Transfer Code of Practice.1 is replaced by the text: Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired from another party, Suweco shall ensure the Publisher shall use best efforts that the Participating Institutions do not lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher/s Licensor is acting as the transferring or acquiring party. If Publisher/s are Licensor is transferring any portion of the Licensed Materials to another party, Suweco shall use reasonable efforts to ensure Publisher/s Licensor will guarantee to assign all rights and obligations to the assignee. If Publisher/s are Licensor is acquiring works that become subject to this Agreement, Suweco Licensor will use reasonable best efforts to ensure Publisher/s acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. Licensor agrees to communicate with the party from which it is acquiring works to exchange such relevant payment and rights information. For journal titles, Suweco will make reasonable efforts to ensure that the Publisher Licensor will comply with the NISO Transfer Code of Practice.2Practice.1 Completeness of Content. Licensor will inform Licensee and/or Participating Institutions of instances where online content differs from print versions of the Licensed Materials. Where applicable, Licensor will cooperate with Licensee to identify and correct content errors or omissions, and when necessary, the Licensor shall use reasonable efforts to ensure that the online content: (1) is at least as complete as print and other physical format versions of the Licensed Materials; and (2) represents complete, accurate, and timely replications of the corresponding content contained within the print and other physical format versions of such Materials. In order to facilitate the assessment of completeness of content, Licensor will provide upon request of Licensee a report of the content in the Licensed Materials at the title, issue, chapter, or item level. Licensor will disclose to Licensee content known or found to be missing from the Licensed Materials, including but not limited to images, pages, issues, and chapters. If online content is a digitized version of print content and differs from the print or other physical format versions of Licensed Materials so as to be substantially less useful to the Licensee, the Participating Institutions or their Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions of this Agreement in Section XI, below.

Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired from another party, Suweco shall ensure that the Publisher shall use best efforts to ensure that neither NTK nor the Participating Institutions lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher is acting as the transferring or acquiring party. If the Publisher is transferring any portion of the Materials to another party, Suweco shall ensure that the Publisher will guarantee use the best efforts to assign all rights and obligations to the assignee. If Publisher is acquiring works that become subject to this Agreement, Suwecoshall Suweco shall ensure that the Publisher will use best efforts to acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. Suweco agrees to use best efforts to communicate with the party from which it is acquiring works to exchange such relevant payment and rights information. For journal titles, Suweco ensure that the Publisher will comply with the NISO Transfer Code of Practice.1 is replaced by the text: Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired from another party, Suweco shall use reasonable efforts to ensure the Publisher shall use uses its best efforts that neither NTK nor the Participating Institutions do not lose access to any content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether regardless of the Publisher/s is acting as the transferring or acquiring party. If Publisher/s are transferring any portion of the Materials to another party, Suweco shall use reasonable efforts to ensure Publisher/s guarantee to assign all rights and obligations to the assignee. If Publisher/s are acquiring works that become subject to this Agreement, Suweco will use reasonable efforts to ensure Publisher/s acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. For journal titles, Suweco will make shall use reasonable efforts to ensure that the Publisher will comply with the NISO Transfer Code of Practice.2Practice.2 Art. VII.15. Completeness of Content. Suweco will ensure that Publisher will inform NTK and/or Participating Institutions of instances where online content differs from print versions of the Materials. Where applicable, Suweco will cooperate with NTK to identify and correct content errors or omissions, and when necessary, Suweco will ensure that the Publisher shall use reasonable efforts to ensure that the online content: (1) is at least as complete as print and other physical format versions of the Materials; and (2) represents complete, accurate, and timely replications of the corresponding content contained within the print and other physical format versions of such Materials. is replaced by the text: Completeness of Content. Suweco will use reasonable efforts to ensure that Publisher/s will inform NTK and/or Participating Institutions of instances where online content differs from print versions of the Materials. Where applicable, Suweco will cooperate with NTK to identify and correct content errors or omissions, and when necessary, Suweco shall use reasonable efforts to ensure that Publisher shall use reasonable efforts to ensure that the online content: (1) is at least as complete as print and other physical format versions of the Materials; and (2) represents 1xxxx://xxx.xxxx.xxx/workrooms/transfer/ complete, accurate, and timely replications of the corresponding content contained within the print and other physical format versions of such Materials. Art. VII.18.

Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired from another party, Suweco shall ensure that the Publisher shall use best efforts to ensure that neither NTK nor the Participating Institutions lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher is acting as the transferring or acquiring party. If the Publisher is transferring any portion of the Materials to another party, Suweco shall ensure that the Publisher will guarantee use the best efforts to assign all rights and obligations to the assignee. If Publisher is acquiring works that become subject to this Agreement, Suwecoshall Suweco shall ensure that the Publisher will use best efforts to acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. Suweco agrees to use best efforts to communicate with the party from which it is acquiring works to exchange such relevant payment and rights information. For journal titles, Suweco ensure that the Publisher will comply with the NISO Transfer Code of Practice.1 is replaced by the text: Transfer or Acquisition of Titles. If any portion of the Materials is transferred to or acquired 1xxxx://xxx.xxxx.xxx/workrooms/transfer/ from another party, Suweco shall use reasonable efforts to ensure the Publisher shall use best efforts that the Participating Institutions do not lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Publisher/s is acting as the transferring or acquiring party. If Publisher/s are transferring any portion of the Materials to another party, Suweco shall use reasonable efforts to ensure Publisher/s guarantee to assign all rights and obligations to the assignee. If Publisher/s are acquiring works that become subject to this Agreement, Suweco will use reasonable efforts to ensure Publisher/s acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. For journal titles, Suweco will make shall use reasonable efforts to ensure that the Publisher will comply with the NISO Transfer Code of Practice.2Practice.2 Art. VII.15.