By MTS Clause Samples

The "By MTS" clause designates actions, obligations, or rights that are specifically to be performed or provided by MTS, which is likely a party to the agreement. In practice, this clause clarifies which responsibilities—such as delivering goods, providing services, or making payments—are assigned to MTS rather than to the other party. By clearly attributing duties to MTS, the clause helps prevent confusion or disputes over which party is responsible for particular aspects of the contract, thereby ensuring accountability and smooth contract execution.
By MTS. This contract is assignable, in whole or in part, to any other government agency, including the North County Transit District and/or the San Diego Association of Governments and/or the Metropolitan Transit System. The party wishing to exercise the assignment (also known as a “piggyback”) shall perform an independent cost estimate to determine fair and reasonable pricing, and shall enter into its own contract with the vendor based upon the terms and conditions of this Request for Proposal. Any assignment or piggyback shall comply with Federal Transit Administration (FTA) requirements if applicable. MTS shall have no responsibility or liability for any such assignment or piggyback.
By MTS. MTS hereby grants to the Recipient a non-exclusive, royalty-free license during the Term, to use the Software for the purposes of using the Services. The Recipient can use the Licence solely in its own country of incorporation (i.e., The Czech Republic, the Territory) and solely for the purpose of the performance of its duties of organization, management, and administration of the TRS Segment for its own Territory government securities. MTS will provide and/or make available to the Primary Dealer or the Primary Dealer’s authorized employees, the necessary Software, licenses or access permissions to allow said Primary Dealer to access the System and related Services under this license. The Recipient shall have no right to use the MTS Technology for any purpose other than as provided in this Clause 7, nor for any unlawful purpose. Unless otherwise agreed, to the extent that the Recipient or its employees or contractors participate in the development of MTS Technology, the Recipient, on behalf of itself and its employees and contractors, hereby assign to MTS all right, title and interest, including all Intellectual Property Rights, in the MTS Technology.
By MTS. MTS may terminate this MOU without cause by serving upon CITY written notice of termination of this MOU three hundred sixty five (365) days in advance of said date of termination. No later than the date of termination, MTS shall either (i) reach an agreement with CITY for CITY to take possession and ownership of the transit shelters and benches that remain installed within the CITY, or (ii) remove each and every transit shelter and bench and restore the sidewalk to a safe and usable condition.
By MTS 

Related to By MTS

  • By Microsoft Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product made available by Microsoft for a fee and used within the scope of the license granted under this Agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional equivalent or (2) terminate Customer’s license and refund any license fees (less depreciation for perpetual licenses), including amounts paid in advance for unused consumption for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product after being notified to stop due to a third-party claim.

  • By Contractor Should the Contractor be liable for any payments to the State hereunder, interest, late payment charges and collection fee charges will be determined and assessed pursuant to Section 18 of the State Finance Law.

  • Advertisement on Project Highway The Project Highway or any part thereof shall not be used in any manner to advertise any commercial product or services.

  • Testing-the-Waters Materials If at any time following the distribution of any Written Testing-the-Waters Communication there occurred or occurs an event or development as a result of which such Written Testing-the-Waters Communication included or would include an untrue statement of a material fact or omitted or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at that subsequent time, not misleading, the Company will promptly notify the Representatives and will promptly amend or supplement, at its own expense, such Written Testing-the-Waters Communication to eliminate or correct such untrue statement or omission.

  • By Consultant (i) If the Company breaches this Agreement or fails to make any payments or provide information required hereunder; or, (ii) If the Company ceases business or, other than in an Initial Merger, sells a controlling interest to a third party, or agrees to a consolidation or merger of itself with or into another corporation, or enters into such a transaction outside of the scope of this Agreement, or sells substantially all of its assets to another corporation, entity or individual outside of the scope of this Agreement; or, (iii) If the Company subsequent to the execution hereof has a receiver appointed for its business or assets, or otherwise becomes insolvent or unable to timely satisfy its obligations in the ordinary course of, including but not limited to the obligation to pay the Initial Fee, the Transaction fee, or the Consulting Fee; or, (iv) If the Company subsequent to the execution hereof institutes, makes a general assignment for the benefit of creditors, has instituted against it any bankruptcy proceeding for reorganization for rearrangement of its financial affairs, files a petition in a court of bankruptcy, or is adjudicated a bankrupt; or, (v) If any of the disclosures made herein or subsequent hereto by the Company to Consultant are determined to be materially false or misleading. In the event Consultant elects to terminate without cause or this Agreement is terminated prior to the expiration of the Primary Term or any Extension Period by mutual written agreement, or by the Company for the reasons set forth in A(i) and (ii) above, the Company shall only be responsible to pay Consultant for unreimbursed expenses, Consulting Fee and Transaction Fee accrued up to and including the effective date of termination. If this Agreement is terminated by the Company for any other reason, or by Consultant for reasons set forth in B(i) through (v) above, Consultant shall be entitled to any outstanding unpaid portion of reimbursable expenses, Transaction Fee, if any, and for the remainder of the unexpired portion of the applicable term (Primary Term or Extension Period) of the Agreement.