XXXXX OF NON-EXCLUSIVE LICENSE. I-Flow hereby grants to InfuSystem a non-exclusive, non-transferable, non-assignable, non-sublicenseable, royalty-free license and sublicense to use during the term of this Agreement any intellectual property owned or licensed by I-Flow, which does not require any payment by I-Flow of any royalties or additional license fees or require any additional consent by any third party, solely in connection with InfuSystem’s provision of the Billing and Collection Services (as hereinafter defined) and the Management Services (as hereinafter defined) for I-Flow in accordance with and as defined in this Agreement (collectively, the “Licensed IP”). InfuSystem agrees that it shall not use the Licensed IP for any other purpose, including, without limitation, providing any such Billing and Collection Services or Management Services, in whole or in part, to any third party in the acute post-operative pain management market. I-Flow represents and warrants that the Licensed IP does not violate or infringe any patent, copyright, trademark, trade secret, or other intellectual property or contractual right of any third party, and the Licensed IP is all that is necessary for InfuSystem to provide the Services.
XXXXX OF NON-EXCLUSIVE LICENSE. Upon execution of the Agreement governed by these terms and conditions, Xxxxxx grants to the Client a nonexclusive license to use Xxxxxx’x Instruments of Service solely and exclusively for purposes of designing, constructing, using, maintaining, altering, adding to, or otherwise completing the Project, provided that the Client substantially performs its obligations (including prompt payment of all sums when due) under the Agreement. Xxxxxx shall obtain similar nonexclusive licenses from the Design Professionals consistent with this Agreement. The license granted under this Section 8(b) permits the Client to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Client’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If Xxxxxx rightfully terminates the Agreement for cause, the license granted in this Section 8(b) shall terminate.
XXXXX OF NON-EXCLUSIVE LICENSE. For the purpose of enabling Agent to exercise Agent’s rights and remedies under Section 9.1 (including, without limitation, in order to take possession of, hold, preserve, process, assemble, prepare for sale, market for sale, sell or otherwise dispose of the Collateral) at such time as Agent shall be lawfully entitled to exercise Agent’s rights and remedies under Section 9.1, each member of the Borrowing Group hereby (i) grants to Agent, for the benefit of Agent and the other Lenders, a royalty free, non-exclusive, irrevocable license, such license being limited to Agent’s exercise of Agent’s rights and remedies under Section 9.1 including, without limitation, in connection with any completion of the manufacture of Inventory or any sale or other disposition of Inventory (a) to use, apply, and affix any trademark, trade name, logo, or the like in which any member of the Borrowing Group now or hereafter has rights, (b) to use, license or sublicense any intellectual property, computer software now owned, held or hereafter acquired by such member of the Borrowing Group, including in such license access to all media and to the extent to which any of the licensed items may be recorded or stored and to all computer software programs such and to the extent used for the compilation or print out thereof, provided that Agent’s use of the property described in sub-clauses (a) and (b) above will comply with all applicable law and the terms of any license or other written agreement pursuant to which the applicable Loan Party has rights to hold or use such intellectual property that is the subject of such license to the extent not otherwise avoided by any applicable law, and (c) to use any and all General Intangibles (other than those referred to in clause (a) or (b) above) and any and all furniture, fixtures and equipment contained in any premises owned or occupied by any member of the Borrowing Group in connection with the storage or maintenance of the Collateral or the exercise of Agent’s rights and remedies under Section 9.1, and (ii) without limiting the provisions of Section 9.1(f), agrees to provide Agent and/or its agents with access to, and the right to use, any such premises owned or occupied by any member of the Borrowing Group.
XXXXX OF NON-EXCLUSIVE LICENSE. A. Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right and license, and Franchisee hereby undertakes the obligation, to use the System in the conduct and operation of an Equipment Rental Business under the xxxx XXXXX EQUIPMENT RENTAL and such other Proprietary Marks as may be prescribed by Hertz (the “Franchised Business”); to use the Proprietary Marks only in accordance with the terms of this Agreement and the conditions set out in the Consent by HERTZ at the end of this Agreement; to operate and conduct the Franchised Business solely in accordance with the System, as it is now constituted and may be changed, improved, and further developed from time to time; and to operate and conduct the Franchised Business and provide services in connection therewith only within the following area (the “Area of Responsibility”): The country of Mongolia as its boundaries exist as of the date of this Agreement. During the term of this Agreement, so long as Franchisee remains, Franchisor shall not establish or license another to establish an Equipment Rental Business within Franchisee’s Area of Responsibility.
