Entry into Access Agreement Clause Samples

The 'Entry into Access Agreement' clause defines the conditions and procedures under which parties may enter into a separate agreement granting access to certain property, information, or resources. Typically, this clause outlines the requirements for initiating such an agreement, such as obtaining written consent, specifying the scope of access, and detailing any obligations or restrictions that apply during the access period. Its core practical function is to ensure that access is granted in a controlled and documented manner, thereby protecting the interests of all parties and minimizing potential disputes over unauthorized use or entry.
Entry into Access Agreement. The Access Seeker must comply with the conditions precedent set out in clause 4 prior to entry into, and execution of, this Agreement.
Entry into Access Agreement. (a) Within the six Month period ending on the Due Date: (i) the Access Seeker and Aurizon Network must enter into an Access Agreement for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; (ii) the Access Seeker must procure a Railway Operator to enter into an Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; or (iii) the Access Seeker must ensure that any number or combination of Access Agreements are entered into with Aurizon Network for the Access Agreement Term which together are for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term. (b) Aurizon Network must use all reasonable endeavours to assist the Access Seeker to comply with clause 3.1(a). (c) If the Access Seeker has complied with clause 3.1 (a) but the Due Date is subsequently varied to reflect a delay to the Date for Practical Completion, the Access Seeker is deemed to have satisfied this clause 3.1(a) despite the Access Agreement being entered into more than 6 Months prior to the Due Date.
Entry into Access Agreement. (a) Within the six month period ending on the Due Date: (i) the Unit Holder (or its nominee) must enter into an Access Holder Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; (ii) the Unit Holder must procure a Railway Operator, acceptable to Aurizon Network, to enter into an Operator Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; or (iii) the Unit Holder must ensure that any number or combination of Access Agreements (provided that, in the case of an Operator Access Agreement, the Railway Operator is acceptable to Aurizon Network) are entered into with Aurizon Network for the Access Agreement Term which together are for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term. (b) For the purposes of clauses 3.1(a)(ii) and 3.1(a)(iii), Aurizon Network may only decide that a Railway Operator is not acceptable to Aurizon Network if Aurizon Network could refuse to enter into an Operator Access Agreement with the Railway Operator, on the basis of the suitability of, or some other criteria related to, the Railway Operator, under the then current Access Undertaking.
Entry into Access Agreement. Within the six Month period ending on the Due Date: (a) the Access Seeker must enter into an Access Holder Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; (b) the Access Seeker must procure a Railway Operator to enter into an Operator Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; or (c) the Access Seeker must ensure that any number or combination of Access Agreements are entered into with Aurizon Network for the Access Agreement Term which together are for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term.

Related to Entry into Access Agreement

  • Collateral Access Agreements Such Grantor shall use commercially reasonable efforts to obtain a Collateral Access Agreement, from the lessor of each leased property, mortgagee of owned property or bailee or consignee with respect to the operator of any warehouse, processor or converter facility or other location (each of which is identified on Exhibit B hereto), where Collateral in excess of $1,000,000 is stored or located at any given time (other than (i) company-owned facilities and (ii) retail stores), which agreement or letter shall provide access rights, contain a waiver or subordination of all Liens or claims that the landlord, mortgagee, bailee or consignee may assert against the Collateral at that location, and shall otherwise be reasonably satisfactory in form and substance to the Administrative Agent. With respect to such locations or warehouse space leased as of the Effective Date and thereafter where Collateral in excess of $1,000,000 is stored or located (other than (i) company-owned facilities and (ii) retail stores), if the Administrative Agent has not received a Collateral Access Agreement as of the Effective Date (or, if later as of the date such location is acquired or leased), the Borrower’s Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. After the Effective Date, no real property or warehouse space shall be leased by such Grantor (other than retail stores) and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Date, unless and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location or if it has not been obtained, the Borrower’s Eligible Inventory at that location shall be subject to the establishment of Reserves acceptable to the Administrative Agent. Such Grantor shall timely and fully pay and perform its obligations under all leases and other agreements with respect to each leased location or third party warehouse where any Collateral is or may be located.

  • Zone File Access Agreement Registry Operator will enter into an agreement with any Internet user, which will allow such user to access an Internet host server or servers designated by Registry Operator and download zone file data. The agreement will be standardized, facilitated and administered by a Centralized Zone Data Access Provider, which may be ICANN or an ICANN designee (the “CZDA Provider”). Registry Operator (optionally through the CZDA Provider) will provide access to zone file data per Section 2.1.3 of this Specification and do so using the file format described in Section 2.1.4 of this Specification. Notwithstanding the foregoing, (a) the CZDA Provider may reject the request for access of any user that does not satisfy the credentialing requirements in Section 2.1.2 below; (b) Registry Operator may reject the request for access of any user that does not provide correct or legitimate credentials under Section 2.1.2 below or where Registry Operator reasonably believes will violate the terms of Section 2.1.5. below; and, (c) Registry Operator may revoke access of any user if Registry Operator has evidence to support that the user has violated the terms of Section 2.1.5 below.

  • Restricted Access (a) Buyer agrees that the Facilities themselves contain Seller’s valuable trade secrets. Buyer agrees (i) to restrict the use of such information to matters relating to the Facilities, and (ii) to restrict access to such information as provided in Section 10.3(b). (b) Seller’s Confidential Information will not be reproduced without Seller’s prior written consent, and following termination of this Agreement all copies of such written information will be returned to Seller upon written request (not to be made while materials are still of use to the operation of a Facility and no Buyer Default has occurred and is continuing), unless otherwise agreed by the Parties. Buyer’s Confidential Information will not be reproduced by Seller without Buyer’s prior written consent, and following termination of this Agreement all copies of such written information will be returned to Buyer upon written request or shall be certified by Seller as having been destroyed. (c) Subject to ARTICLE XI and Section 10.2(a) and (b) hereof, the Facilities are offered for sale and are sold by Seller subject to the condition that such sale does not convey any license, expressly or by implication, to manufacture, reverse engineer, duplicate or otherwise copy or reproduce any part of the Facilities, documentation or Software without Seller’s express advance written permission. Subject to ARTICLE XI hereof, Buyer agrees not to remove the covering, not to access the interior or to reverse engineer, or cause or knowingly allow any third party to open, access the interior or reverse engineer any Facility or Software provided by Seller. Subject to ARTICLE XI hereof, and anything contemplated pursuant to this Agreement, only Seller or its authorized representatives may open or access the interior of a Facility. Notwithstanding the foregoing or anything else herein to the contrary, and without limitation of the rights set forth in ARTICLE XI hereof, if any Facility is no longer covered by this Agreement or another agreement between Buyer and Seller (or any Affiliate of Seller) regarding the operation and maintenance of such Facility, Buyer shall be entitled to maintain, or cause a third party to maintain, such Facility, including replacing parts or components as needed or desired; provided that Buyer shall use commercially reasonable efforts to engage a third party to provide such maintenance that is not a competitor of Seller or its Affiliates and is not in litigation or other material dispute with Seller.

  • Swap Agreements The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Equity Interests of the Borrower or any of its Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

  • Customer Notification By executing this Agreement, the Advisor acknowledges that as required by the Advisers Act the Sub-Advisor has supplied to the Advisor and the Trust copies of the Sub-Advisor’s Form ADV with all exhibits and attachments (including the Sub-Advisor’s statement of financial condition) and will promptly supply to the Advisor copies of all amendments or restatements of such document. Otherwise, the Advisor’s rights under federal law allow termination of this contract without penalty within five business days after entering into this contract. U.S. law also requires the Sub-Advisor to obtain, verify, and record information that identifies each person or entity that opens an account. The Sub-Advisor will ask for the Trust’s legal name, principal place of business address, and Taxpayer Identification or other identification number, and may ask for other identifying information.