Required Rights. Prior to commencing any work, or as promptly as possible once identified if so identified after work has commenced, Developer shall describe in writing: • Any intellectual property rights owned or licensed by Developer which may cover all or part of the work, including a list and description of all U.S. and foreign patents and patent applications; • To the extent known by Developer, any intellectual property owned or licensed by third parties which is required to utilize all or part of the work in the manner contemplated by the Agreement; and • To the extent known by Developer, any claims or disputes relating to the intellectual property embodied, or claimed to be embodied, in all or part of the work. Intellectual property and claims described in the bullets above are termed “Required Rights”. In addition to the descriptions required above, Developer shall provide to IETF a description of the cost and other terms of any license required to use and operate under any Required Rights in the manner contemplated by this Agreement. Developer shall not be authorized to commence any work as to which any Required Rights exist unless and until IETF has affirmed in writing that it understands the nature of such Required Rights and the Parties have mutually agreed upon a license arrangement (including allocation of its costs) that will enable the full use of any Required Rights in the manner contemplated hereby. If Developer fails to notify IETF of any Required Rights owned or licensed by Developer in the manner required by this section, then Developer shall be deemed to have granted the IETF Trust a perpetual, irrevocable, royalty-free, paid-up, worldwide, non-exclusive, freely sub-licensable right and license to exploit such owned Required Rights (and to the extent permitted under any such license of any such Required Rights, such licensed Required Rights) in any manner in connection with the Work and any modifications or derivatives thereof.
Required Rights. Comcast represents and warrants that it has obtained all required regulatory authorizations, construction permits, and appropriate agreements for installation and use of the C-Net installed in ducts, on poles, or in trenches on public or private property as of the Effective Date of this Agreement, and that the same will be maintained in full force and effect. The LFAs shall have a non-exclusive right to use and occupy all conduits, strand, pole attachments, sheaths and other property solely to the extent currently used by the C-Net (including but not limited to replacement conduits, strand, pole attachments, sheaths and other property). The rights granted herein are expressly made subject to each and every limitation, restriction or reservation affecting the Required Rights and consistent with all of the terms and conditions set forth in this Agreement. To the extent Comcast incurs additional expense for pole attachments, or other required approvals, to maintain the Required Rights, such additional costs shall be paid for by the LFAs.
Required Rights. Commencing as of the Acceptance Date with respect to each IRU and continuing until the end of the respective IRU Terms, Seller shall obtain all conduits, leases, fee interests, licenses, authorizations, permits (including permits for highway, railroad and waterway crossings and any necessary permits or authorizations such as environmental permits) and/or other agreements or rights necessary for and requisite to (i) the granting of the IRUs to Purchaser and (ii) the maintenance of the Xxxxxxxx’ Network (collectively, the “Required Rights”). Seller shall cause the Required Rights to remain effective through the respective IRU Terms.
Required Rights. 29.1 LICENSOR covenants that it will, to the best of its knowledge, have obtained by the time the LICENSEE’s Fiber Optic Facilities are made available to LICENSEE (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable LICENSOR to grant the License to LICENSEE (“Required Rights”). Subject to the foregoing obligations of LICENSOR, LICENSEE is accepting the License on an “AS IS, WHERE IS” basis and receiving its interests in LICENSEE’s Fiber Optic Facilities only to the extent such interests are held by LICENSOR. LICENSOR will provide evidence of such Required Rights upon request.
Required Rights. SUNESYS covenants that it will, to the best of its knowledge, have obtained by the time the Licensee’s Fiber Optic Facilities are made available to Licensee (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable SUNESYS to grant the License to Licensee (“Required Rights”). Subject to the foregoing obligations of SUNESYS, Licensee is accepting the License on an “AS IS, WHERE IS” basis and receiving its interests in Licensee’s Fiber Optic Facilities only to the extent such interests are held by SUNESYS.
Required Rights. 12. Provider represents that it currently owns, has obtained or will obtain all licenses, authorizations, franchises, rights of way and other licenses or permits necessary for furnishing the Service to MCI (hereinafter referred to as "Required Rights"). Provider shall utilize its best efforts to cause such Required Rights to remain in effect throughout the term of this Agreement. Notwithstanding the termination provisions of paragraph 2.3 herein, if Provider does not obtain and maintain such Required Rights, MCI may terminate this Agreement and/or any affected ASR or Service Agreement immediately upon notice to Provider, without incurring any termination liability, and the indemnification provisions of Article IX shall apply to any claims, demands, suits or judgments for damages arising therefrom.
Required Rights. 6.01 Grantor agrees to obtain and maintain in full force and effect for and during the Term of each Segment all rights, licenses, permits, authorizations, rights-of-way, easements and other agreements which are necessary for Grantor to obtain in order to permit Grantor to construct, install and keep installed, and maintain the Grantee Fibers within such Segment in accordance with this Agreement and to convey the license in the Grantee Fibers to Grantee and all other rights under this Agreement (collectively, the "Required Rights"). Grantee shall obtain, prior to the commencement of the Term, and maintain in full force and effect for and during the Term of each Segment all rights, licenses, permits, authorizations, franchises and other approvals which are necessary for Grantee to obtain in order to permit Grantor to grant the license to Grantee and for Grantee to use the Grantee Fibers.
Required Rights. 12. Each Affiliate providing Capacity in any territory represents that it currently owns, has obtained or will obtain all licenses, authorizations, franchises, rights of way and other licenses or permits necessary for furnishing the Capacity to MCI (hereinafter referred to as "Required Rights"). Such Affiliate shall utilize its best efforts to cause such Required Rights to remain in effect throughout the term of this Agreement. Notwithstanding the termination provisions of paragraph 2.3 of this Agreement, if such Affiliate does not obtain and maintain such Required Rights, MCI may terminate this Agreement and/or any affected ASR or Service Agreement immediately upon notice to Provider, without incurring any termination liability, in addition to exercising any other rights or remedies under this Agreement.
Required Rights. 6.01 Grantor agrees to obtain and maintain in full force and effect for and during the Minimum Period of each Segment all rights, licenses, permits, authorizations, rights-of-way, easements and other agreements which are necessary in order to permit Grantor to construct, install and keep installed, and maintain the Grantee Fibers within such Segment in accordance with this Agreement and to provide Grantee with the right of use of the Grantee Fibers and all other rights under this Agreement pursuant to the IRU (collectively, the “Required Rights”).
Required Rights. Fidelity covenants that, by the time the WAN Services (including the WAN Facilities) are made available to Customer, Fidelity will, to the best of its knowledge, have obtained, and Fidelity will use all commercially reasonable efforts to cause to remain in effect during the Term of this Agreement, all easements, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable Fidelity to provide the WAN Services (including the WAN Facilities) to Customer (collectively, the “Required Rights”). If Fidelity fails to obtain and/or cause to remain effective throughout the Term of this Agreement all Required Rights for the route, either party may terminate this Agreement with respect to the affected Customer locations upon written notice; provided, however, Fidelity shall provide Customer as much advance notice as reasonably practicable under the circumstances and shall use all commercially reasonable efforts to maintain all then-existing WAN Services for up to twelve (12) months to permit Customer to orderly transition to an alternative provider or another Fidelity-provided solution. In event of termination, any fees shall, as of the date of termination, xxxxx pro-rata based on the number of terminated locations.
