Excluded Third Party definition

Excluded Third Party means any Third Party and its Affiliates against which:
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Excluded Third Party means Pearson, XxXxxx Xxxx, Scholastic, K12 Inc., Scantron/Global Scholar, MacMillan, or any affiliate of any of the foregoing.
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Excluded Third Party means a Third Party making or selling Excluded Technology.
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Examples of Excluded Third Party in a sentence

  • Notwithstanding anything herein to the contrary, without the prior written consent of Licensor, Licensee may not assign or transfer this Agreement to any Excluded Third Party or to any Third Party that has been finally adjudged by a court of competent jurisdiction in the last five (5) years to be liable for willful copyright infringement or its substantial equivalent under foreign law.

  • Thus, the Parties have agreed to preclude any Excluded Third Party from becoming a “Cutera Affiliate” hereunder as provided in Section 1.1(b), and further have agreed to preclude any Assignment of this Agreement by Cutera or any Cutera Affiliate to or otherwise involving any Excluded Third Party under Section 9.3(a).

  • No Excluded Third Party shall be considered an Affiliate of Syneron for the purposes of this term sheet.

  • Thus, the Parties have agreed to preclude any assignment of this Agreement by Syneron to any Excluded Third Party under Section 9.3(a) and any Excluded Third Party that becomes a direct or indirect subsidiary or parent of Syneron will not be deemed an “Affiliate” of Syneron hereunder.

  • The Parties intend that no Excluded Third Party, or any of their Excluded Technology, is to be granted any rights under the Xxxxxxxx Patents sublicensed by Palomar under Section 2.1(a).

  • Thus, the Parties have agreed to preclude any Excluded Third Party from becoming a “Cynosure Affiliate” hereunder as provided in Section 1.1(b), and further have agreed to preclude any Assignment of this Agreement by Cynosure or any Cynosure Affiliate to or otherwise involving any Excluded Third Party under Section 9.3(a).

  • The Parties intend that no Excluded Third Party, or any of their products or other technology, is to be granted any rights under the Axxxxxxx Patents sublicensed by Palomar under Section 2.1(a), either through the direct sublicense from Palomar to Cynosure and Cynosure Affiliates under Section 2.1(a) or as a Cynosure Sublicensee.

  • The Contractor agrees that:  The Contract Price covers all of the Third Party Facility Work described in the Contract Documents; and  It is feasible to obtain and/or perform all necessary Relocations and work with respect to Excluded Third Party Facilities within the time deadlines of the Contract Documents.

  • Upon receipt of such consent, (A) the Lonza Agreement shall cease to be an Excluded Third Party License and shall be an Existing Third Party License and (B) the licenses granted to BMS pursuant to Section 3.1(a) shall include a sublicense of such license granted to Five Prime in Section 4.1 of the Lonza Agreement (the “Lonza Sublicense”).

  • Barking Road and Prince Regent Lane form part of the Strategic Road Network (SRN), which is 2 kilometres from the site and connected to the A13 (Newham Road), which forms part of the Transport for London Road Network (TLRN).


More Definitions of Excluded Third Party

Excluded Third Party has the meaning given in clause 28.4;
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Excluded Third Party means any Third Party and its Affiliates against which: (a) any suit or action involving any Anderson Patent has been instituted between Palomar or any Palomar Affiliates and such Third Party or any
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Related to Excluded Third Party

  • Qualified third party means 1 or more of the following:

  • Valid Third Party Entity In respect of any transaction, any third party that the Calculation Agent determines has a bona fide intent to enter into or consummate such transaction (it being understood and agreed that in determining whether such third party has such a bona fide intent, the Calculation Agent shall take into consideration the effect of the relevant announcement by such third party on the Shares and/or options relating to the Shares and, if such effect is material, may deem such third party to have a bona fide intent). Nationalization, Insolvency or Delisting: Cancellation and Payment (Calculation Agent Determination); provided that, in addition to the provisions of Section 12.6(a)(iii) of the Equity Definitions, it will also constitute a Delisting if the Exchange is located in the United States and the Shares are not immediately re-listed, re-traded or re-quoted on any of the New York Stock Exchange, The NASDAQ Global Select Market or The NASDAQ Global Market (or their respective successors); if the Shares are immediately re-listed, re-traded or re-quoted on any of the New York Stock Exchange, The NASDAQ Global Select Market or The NASDAQ Global Market (or their respective successors), such exchange or quotation system shall thereafter be deemed to be the Exchange. Additional Disruption Events: Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of, the formal or informal interpretation,” (ii) replacing the word “Shares” with the phrase “Hedge Positions” in clause (X) thereof and (iii) inserting the parenthetical “(including, for the avoidance of doubt and without limitation, (x) any tax law or (y) adoption, effectiveness or promulgation of new regulations authorized or mandated by existing statute)” at the end of clause (A) thereof. Failure to Deliver: Applicable Hedging Disruption: Applicable; provided that:

  • Independent Third Party means any Person who, immediately prior to a contemplated transaction, does not own in excess of 5% of the Company’s Common Units on a fully-diluted basis (a “5% Owner”), who is not controlling, controlled by or under common control with any such 5% Owner and who is not the spouse or descendant (by birth or adoption) of any such 5% Owner or a trust for the benefit of such 5% Owner and/or such other Persons.

  • Nonaffiliated third party means any person except:

  • Excluded IP has the meaning assigned to such term in the U.S. Security Agreement.

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • Unauthorized Third Party means any person or entity that, at the time of the Computer Fraud, is not an Authorized User.

  • Excluded Affiliate means any Affiliate of any Agent that is engaged as a principal primarily in private equity, mezzanine financing or venture capital.

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Third Party Data has the meaning set forth in Section 9.3(a).

  • Excluded License means an open source or other software license that requires, as a condition of license, use, modification, distribution or conveyance, that (a) the code be disclosed or distributed in source code form; (b) others have the right to modify or create derivative works of it; and/or (c) the code becomes redistributable at no charge.

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Excluded Party has the meaning set forth in Section 7.4(b).

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Third Party means any Person other than a Party or an Affiliate of a Party.

  • Excluded Transactions means:

  • Authorized Third Party means an entity that:

  • Third Party Agreement has the meaning set forth in Section 6(a) hereof.

  • Excluded Transaction means any transaction in which assets are transferred to: (A) a shareholder of the Company (determined immediately before the asset transfer) in exchange for or with respect to its stock; (B) an entity, fifty percent (50%) or more of the total value or voting power of which is owned, directly or indirectly, by the Company (determined after the asset transfer); (C) a Person, or more than one Person Acting as a Group, that owns, directly or indirectly, fifty percent (50%) or more of the total value or voting power of all the outstanding stock of the Company (determined after the asset transfer); or (D) an entity at least fifty percent (50%) of the total value or voting power of which is owned, directly or indirectly, by a Person described in clause (C) (determined after the asset transfer).

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;

  • Excluded Transfer means any transfer of VMTP Shares (1) to a tender option bond trust in which the Purchaser and/or its Affiliates collectively own all of the residual interests, (2) in connection with a distribution in-kind to the holders of securities of or receipts representing an ownership interest in any tender option bond trust in which the Purchaser and/or its Affiliates collectively own all of the residual interests, (3) in connection with a repurchase financing transaction or (4) relating to a collateral pledge arrangement.

  • BRRD Party means any Underwriter subject to Bail-in Powers.

  • Third Party Items means Third Party Content and Third Party Products.

  • Third Party Licenses has the meaning set forth in Section 3.

  • Third-party payer means an entity that is, by