By Illuminate Clause Samples

By Illuminate. Illuminate agrees to defend, indemnify and hold harmless District and its directors, officers, employees, and agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim: (i) alleging that District’s use of the System infringes or misappropriates the proprietary or intellectual property rights of any third party, except to the extent that such infringement results from District’s misuse of or modifications to the System; (ii) to the extent resulting from the gross negligence or intentional misconduct of Illuminate or its employees or agents; or (iii) to the extent resulting from any material breach of any of the representations, warranties or covenants contained herein by Illuminate.
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By Illuminate. If a third-party claims that a Licensed Product (other than related to any Licensee Content) infringes that party's U.S. patent, copyright or other proprietary right, Illuminate will defend District against that claim at Illuminate's expense and pay all costs, damages, and attorney's fees, that a court finally awards or that are included in a settlement approved by Illuminate, provided that Licensee: i. promptly notifies Illuminate in writing of the claim; and ii. allows Illuminate to control, and cooperates with Illuminate in, the defense and any related settlement. If such a claim is made, Illuminate may continue to enable Licensee to use the Licensed Product or to modify it such that it becomes non-infringing. If Illuminate determines that these alternatives are not reasonably available, Illuminate may terminate the Licensed Product without any liability to Licensee upon notice to Licensee and with the return of any prepaid and unused fees. The infringement indemnity obligations do not apply to the extent the infringement claim arises from: (a) any technology not provided by Illuminate or otherwise identified by Illuminate in writing as interoperable; (b) use of the Licensed Products other than in accordance with this Agreement; (c) the Licensee’s content and/or data; or (d) modification or alteration to the Licensed Products by anyone other than Illuminate.
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Related to By Illuminate

  • Illumination Normal and emergency AC and DC illumination shall be provided adequately in the control room and other buildings of the substation. The switchyard shall also be provided with adequate illumination. The lighting of the entire control room building, fire-fighting pump house, other building (if any) and switchyard shall be done by LED based low power consumption luminaries.

  • Generators Temporary installation of generators, and permanent installation of generators that are placed inside existing non-residential buildings or that occupy an area under 50 square feet behind the building they serve.

  • Heating The Hirer shall ensure that no unauthorised heating appliances shall be used on the premises when open to the public without the consent of the management committee. Portable Liquefied Propane Gas (LPG) heating appliances shall not be used.

  • Generator Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.

  • Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.