Common use of Without limiting Section 5 Clause in Contracts

Without limiting Section 5. 3(b), Seller shall use commercially reasonably efforts to include, and require its Contractors and Subcontractors to include, in its Project Contracts that may involve the creation of drawings, plans, specifications, manuals, data (including data contained in any storage media), writings, and similar materials and information first developed or produced as part of the Work (“Original Works”), terms designed to convey and protect Seller’s (and, upon the Closing or the later of (A) completion of the relevant post-Closing Work or (B) acquisition of such Original Works from the creator thereof, as applicable) or Buyer’s (or its designated Affiliate’s) ownership rights and interest in Original Works prepared for Seller or Buyer by or for such Contractors and Subcontractors, all at no additional charge or cost to Seller (or its Contractors and Subcontractors). In the event Seller, despite using commercially reasonable efforts, is unable to obtain the agreement of a prospective Contractor or Subcontractor to such ownership provisions, Seller shall negotiate a license to use such Original Works, including retention of a copy for archival or project execution purposes, in accordance with the terms of Section 5.3(b)(iii)(A).

Without limiting Section 5. 3(b), Seller shall use commercially reasonably efforts to include, and require its Contractors and Subcontractors to include, in its Project Contracts that may involve the creation of drawings, plans, specifications, manuals, data (including data contained in any storage media), writings, and similar materials and information first developed or produced as part of the Work (“Original Works”), terms designed to convey and protect Seller’s (and, upon the Closing or the later of (A) completion of the relevant post-Closing Work or (B) acquisition of such Original Works from the creator thereof, as applicable) or Buyer’s (or its designated Affiliate’s) ownership rights and interest in Original Works prepared for Seller or Buyer by or for such Contractors and Subcontractors, all at no additional charge or cost to Seller (or its Contractors and Subcontractors). In the event Seller, despite using commercially reasonable efforts, is unable to obtain the agreement of a prospective Contractor or Subcontractor to such ownership provisions, Seller shall negotiate a license to use such Original Works, including retention of a copy for archival or project execution purposes, in accordance with the terms of Section 5.3(b)(iii)(A).5.3(b)(iii)(A).‌