Excluded Products. The following products are not within the scope of this Contract:
Excluded Products. All products now or hereafter produced by the Company that are not Products.
Excluded Products. Items excluded from the Contract include: Remanufactured or refurbished products. Any items or product lines currently awarded under another state term contract. Any items or product lines that may qualify for award under another state term contract. Park accessories, site accessories, medical equipment, lighting, carpets/rugs, and decorative accessories and items.
Excluded Products are specifically excluded from the Volumes required to be purchased or supplied under this Agreement.
Excluded Products. Products which Participant is not required to purchase from Distributor under this Agreement – * (“Excluded Products”).
Excluded Products. The products subject to the provisions of ----------------- Sections 2.1.1 and 2.1.2 shall not include (i) products that cannot be configured pursuant to this Article because of local law restrictions, (ii) products intended for sale in geographic regions in which CMGI does not have a local Site that is translated, localized, relevant and fully operational in the specific international market, (iii) products designed or manufactured specifically for a sponsor or affinity program that requires the programming of a proprietary default start page, or (iv) products for which Compaq's customers have requested that pre-programmed Internet functionality not be included. The parties shall work together to coordinate international expansion and roll-out plans, including identification of specific local requirements and time frames for implementation.
Excluded Products. For the avoidance of any doubt, the rights granted in Paragraph 1(a) and (b) shall be specifically limited to the Wireless Products for the Wireless Platform and shall not extend to any other device, platform, operating system or distribution method, whether wired or wireless, pursuant to which interactive entertainment software may be delivered to or accessed by end-users, including, but not limited to, the following: (i) traditional entertainment software console platforms, such as Sony PlayStation and PlayStation 2, Microsoft Xbox, and Nintendo GameCube and successor platforms; (ii) desktop or laptop computer systems, such as PC Windows, Macintosh, (iii) hand-held electronic dedicated gaming devices (e.g., Nintendo’s GameBoy Color and GameBoy Advance handheld devices, Sony’s PSX handheld device, and Tiger Electronic hand-held devices); (iv) pay-per-play arcade systems and other forms of location-based entertainment; (v) interactive toys; (vi) television, whether via cable, satellite, set-top boxes or other on-demand service; (vii) massively multiplayer games; (viii) internet gaming and (ix) any other technology now known or hereafter devised. Except as otherwise specifically stated herein with respect to the Wireless Products, Licensee shall have no right to develop, manufacture, reproduce, distribute, sell or exploit any other products based on the PSM or the Property.
Excluded Products. Prior to the Second Closing, Seller shall, at its own cost and expense, remove all inventory of Excluded Assets from the Boulder Facilities.
Excluded Products. From time to time, each Party may, in good faith and by written notice to the other Party, designate certain GDF-8 Products and GDF-8 Derivative Products (other than, (i) in the case of GI making a designation, GDF-8 Products or GDF-8 Derivative Products consisting of compounds or compositions where such compounds or compositions are Controlled by MetaMorphix and are initially provided to GI by MetaMorphix under this Agreement or the 1999 Agreement and (ii) in the case of MetaMorphix making a designation, GDF-8 Products or GDF-8 Derivative Products consisting of compounds or compositions where such compounds or compositions are Controlled by GI and are initially provided to MetaMorphix by GI under this Agreement or the 1999 Agreement), as either GI Excluded Products or MetaMorphix Excluded Products, as applicable. Such notice shall detail the rationale for such designation. A Party may designate a GDF-8 Product or a GDF-8 Derivative Product as either a GI Excluded Product or a MetaMorphix Excluded Product only if such Party (upon successful, in vivo, proof of concept) has initiated Product Development of such GDF-8 Product or GDF-8 Derivative Product, provided, however, that upon designating any GDF-8 Product or GDF-8 Derivative Product as an Excluded Product, the designating Party may also designate as Excluded Products, a reasonable number of other GDF-8 Products or GDF-8 Derivative Products (as the case may be), which GDF-8 Products or GDF-8 Derivative Products not only are in the same chemical class or biological class as the GDF-8 Product or GDF- Derivative Product primarily selected as an Excluded Product, but also are intended be back-up candidates (to the extent customary in the pharmaceutical industry) for the primarily selected Excluded Product. For the sake of clarity, a Party may not designate a broad category of GDF-8 Products or GDF-8 Derivative Products (e.g., all antibodies, or all compounds of a particular chemical class, or a biological class) as Excluded Products, merely because such Party has initiated Product Development of a GDF-8 Product or a GDF-8 Derivative Product within such category. A designated Excluded Product shall be only an active ingredient or a single molecule. Except to the extent provided otherwise in Section 2.4 above, during the term of this Agreement, MetaMorphix shall not develop or commercialize any GI Excluded Product in the MetaMorphix Field and GI shall not develop or commercialize any MetaMorphix Excluded Prod...
Excluded Products. Within thirty (30) days of the filing of an IND with respect to each Excluded Product, Teijin shall notify CombiChem of such filing, and provide a detailed description of why such Excluded Product is not an Product hereunder. If a dispute arises between the Parties which the Parties are unable to resolve regarding whether or not a product is an Excluded Product, the dispute shall be settled by binding arbitration pursuant to Article 13 herein.
