Excluded Projects Clause Samples

Excluded Projects. Global shall not have the right to invest equity in (i) any Projects developed by Covanta that will be owned by a Governmental Organization, (ii) the Demonstration Plant and (iii) up to ten (10) individual Systems that Covanta has the right to purchase through Licensor for use by Covanta at any of its waste to energy plants in Territory A and which will be owned by Covanta or a Covanta Affiliate (the “Excluded Projects”).
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Excluded Projects. If the Ghel▇▇ ▇▇▇reholder Representative delivers an Excluded Project Notice to CREC and the Company with respect to a Capital Project (an "Excluded Project") within the time period provided for in Section 3.1, the Company shall establish on its books and records separate accounts relating to such Excluded Project, and the activities and operations conducted by the Company and its Subsidiaries in connection with such Excluded Project (the "Excluded Project Operations") shall in all respects be treated as a separate division of the Company. The separate accounts relating to an Excluded Project shall be maintained on a cash basis and shall identify (i) all assets of the Company and its Subsidiaries, if any, used in connection with the Excluded Project Operations, (ii) all liabilities incurred by the Company and its Subsidiaries in connection with the Excluded Project Operations, (iii) all items of income and other receipts and all gains realized by the Company and or its Subsidiaries ("Excluded Project Income") which are attributable to the Excluded Project Operations (including, but not limited to, any revenues from the sale of products and provision of services in connection with the Excluded Project and the sale or exchange of assets used in connection with the Excluded Project Operations) and (iv) all items of expense and other payments and all losses incurred by the Company or its Subsidiaries ("Excluded Project Expense") which are attributable to the Excluded Project Operations (including, but not limited to, any operating costs associated with such Excluded Project and any payment of liabilities incurred in connection therewith such as a payment of principal, interest or other costs associated with indebtedness incurred in order to fund the Excluded Project).
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Excluded Projects. 63 Execution version originally dated 29 December 2022, as amended and restated on 10 February 2023 5 THIS CONTRACT WAS ORIGINALLY MADE ON 29 DECEMBER 2022 AND IS HEREBY AMENDED AND RESTATED ON __ FEBRUARY 2023 BETWEEN: The European Investment Bank having its seat at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Luxembourg, L-2950 Luxembourg, represented by ____________________ and __________________ (the "Bank") and Evotec SE, a company incorporated in Germany, having its registered office at ▇▇▇▇▇▇▇ ▇▇▇▇▇ Campus ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇, ▇-▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Hamburg, Germany, under commercial register number HRB 156381, represented by ▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. (the "Borrower") The Bank and the Borrower together are referred to as the “Parties” and any of them is a “Party”.
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Excluded Projects. Notwithstanding the foregoing, the Equity Participation Option shall not apply to: (a) the following four Projects: (i) Erath County, Texas, near Stephenville (known as the “Huckabay Ridge project”), (ii) Dublin, Texas (known as the “Rio Leche project”), (iii) the two Projects being developed in Hereford, Texas (known as the “Mission project” and the “▇▇▇▇▇▇▇ project”, respectively); (b) any project not requiring the refinement of Biogas by the Gas Treating System; or (c) any Project intended to be financed through (i) the borrowing of funds originating from the issuance of any tax-exempt bonds, where the underwriter or purchasers of such bonds have indicated that such Project or the applicable Project entity must be wholly owned by Microgy or an affiliate of Microgy, or (ii) any form of borrowing from any lender which will lend funds only on the condition that such Project or Project entity is wholly owned by Microgy or an affiliate of Microgy.
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Excluded Projects. (a) In the event a third party, including a Columbia faculty member, researcher or employee who has not signed an Investigator Letter, requests the Center to undertake a Project which is classifiable as an Excluded Project, Columbia shall use reasonable efforts to cause such Project to conform to all such criteria, or as many of such criteria as possible, thereby making such Project eligible to become a Research Project or an Other Project. In the event Columbia is unable to do so, but nevertheless decides to undertake such Project, no Direct Support shall be applied thereto, and the Company shall have no right to license intellectual property arising therefrom. Columbia agrees that it shall not actively seek, and shall refrain from soliciting to undertake, in the Center, any Excluded Project or any Project likely to become an Excluded Project, but may undertake an Excluded Project brought to the attention of the Director by third parties described above in this subsection. (b) Attached as Exhibit C is a list of all Projects in which any Commercial Third Parties currently have any rights. It is understood and agreed that such Projects are currently neither Research Projects nor Other Projects and that the Company shall have no right to any intellectual property which may arise out of any such Project. - 3 - (c) Columbia will, after consultation with the Company, adopt procedures to ensure, and shall ensure, that (i) no Invention, Research Project Information, Confidential Information or VGI Information (as each such term is hereinafter defined) is disclosed to any Commercial Third Party or to any person participating in any Excluded Project in violation of this Section 1.5(c), or Article IV hereof or any Investigator Letter, and (ii) that no Commercial Third Party will acquire any rights in any Invention, Research Project Information, Confidential Information or VGI Information. No Investigator who at that time is participating in any Excluded Project which is in an area related to a Research Project and is potentially competitive therewith shall be permitted to participate in such Research Project without the prior written consent of the Company, which shall not be unreasonably withheld.
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Excluded Projects a. Member of the Board of Advisors of Shopping.com; b. Maisel Bro▇▇▇▇▇ ▇▇▇▇▇▇tions, ▇▇▇ ("▇▇P"); provided, that (i) MBP shall not take on any new projects during the Term; (ii) the Executive shall not provide any services to MBP on any project unless the Company is involved in that project; and (iii) no MBP project shall present a conflict with the business activities of the Company.
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Excluded Projects. Notwithstanding any provision hereof to the contrary, the term “Work Product” shall not include the projects identified on Exhibit A attached hereto, if any, and Employee shall have the right to continue work on and to retain all ownership rights in the Excluded Projects.
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Related to Excluded Projects

  • Excluded Property Notwithstanding anything to the contrary in Section 2.1, the property, assets, rights and interests set forth in this Section 2.2 (the “Excluded Property”) are excluded from the Property:

  • Excluded Positions When a College temporarily assigns an employee to the duties and responsibilities of a position excluded from the provisions of this Collective Agreement, the employee's obligations to contribute to the regular monthly Union dues under Article 5.4 and his/her seniority shall continue during the period of such temporary assignment up to a maximum period of twelve

  • Excluded Expenditures The Recipient undertakes that the proceeds of the Financing shall not be used to finance Excluded Expenditures. If the Association determines at any time that an amount of the Financing was used to make a payment for an Excluded Expenditure, the Recipient shall, promptly upon notice from the Association, refund an amount equal to the amount of such payment to the Association. Amounts refunded to the Association upon such request shall be cancelled.

  • After-Acquired Property If any Pledgor shall at any time after the date hereof (i) obtain any ownership or other rights in and/or to any additional Intellectual Property (including trademark applications for which evidence of the use of such trademarks in interstate commerce has been submitted to and accepted by the United States Patent and Trademark Office pursuant to 15 U.S.C. Section 1060(a) (or a successor provision)) or (ii) become entitled to the benefit of any additional Intellectual Property or any renewal or extension thereof, including any reissue, division, continuation, or continuation-in-part of any Intellectual Property Collateral, or any improvement on any Intellectual Property Collateral, the provisions of this Agreement shall automatically apply thereto and any such item described in the preceding clause (i) or (ii) (other than any Excluded Property) shall automatically constitute Intellectual Property Collateral as if such would have constituted Intellectual Property Collateral at the time of execution hereof and such Intellectual Property (other than any Excluded Property) shall be subject to the Lien and security interest created by this Agreement without further action by any party. Each Pledgor shall promptly provide to the Collateral Agent written notice of any of the foregoing Intellectual Property owned by such Pledgor which is the subject of a registration or application and confirm the attachment of the Lien and security interest created by this Agreement to any rights described in clauses (i) and (ii) above by execution and delivery, within 90 days (or, in the case of Copyrights, 30 day, or, in each case, such longer period as may be determined by the Collateral Agent in its sole discretion) of the acquisition by such Pledgor of such Intellectual Property, of an instrument in form and substance reasonably acceptable to the Collateral Agent and the filing of any instruments or statements as shall be reasonably necessary to create, record, preserve, protect or perfect the Collateral Agent’s lien and security interest in such Intellectual Property. Further, each Pledgor authorizes the Collateral Agent to modify this Agreement by amending Schedules 12(a) and 12(b) to the Perfection Certificate to include any Intellectual Property Collateral of such Pledgor acquired or arising after the date hereof.

  • Excluded Assets Buyer expressly understands and agrees that the following assets and properties of Seller and the Retained Subsidiaries (the “Excluded Assets”) shall be excluded from the Purchased Assets: (a) all of Seller’s and the Retained Subsidiaries’ cash and cash equivalents on hand and in banks (except for such amounts, if any, as the parties may agree will be retained by the Purchased Subsidiaries and not constitute Purchased Subsidiary Pre-Closing Cash (the “Transferred Cash”)); (b) insurance policies relating to the Business and all claims, credits, causes of action or rights thereunder (except for Buyer’s rights under Section 5.05); (c) all Intellectual Property Rights (other than the Business Intellectual Property Rights), including the marks and names set forth in Section 2.03 of the Disclosure Schedule (the “Seller Trademarks and Tradenames”), and including all royalties and/or other license payments under any Portfolio Cross-License; (d) all books, records, files and papers, whether in hard copy or computer format, prepared in connection with this Agreement or the transactions contemplated hereby (other than confidentiality agreements with any Person relating to the Business, copies of which will be made available to Buyer at the Closing (it being understood that the portion of such copies not relating to the Business may be redacted)) and all minute books and corporate records of Seller and the Retained Subsidiaries; (e) the property and assets described in Section 2.03 of the Disclosure Schedule; (f) all rights of Seller or any of the Retained Subsidiaries arising under the Transaction Documents or the transactions contemplated thereby; (g) all Purchased Assets sold or otherwise disposed of in the ordinary course of business during the period from the date hereof until the Closing Date in compliance with the terms hereof; and (h) all of Seller’s and the Retained Subsidiaries’ claims for and rights to receive Tax refunds relating to the Business arising on or prior to the Closing Date.