Field Exclusivity Sample Clauses

Field Exclusivity. Subject to Bayer's continuing payment to Symyx of Research Expenses for a Field, Symyx will not conduct research in such Field for any third party or on its own behalf, during the Research Program Term, other than under this Agreement. During the period for which Bayer originally committed to make Research Funding Payments for a given Field (as set forth in this Agreement for Initial Fields and as agreed by the parties for any additional Fields), Symyx will give Bayer thirty (30) days written notice in the event exclusivity set forth in this Section 2.5 no longer applies for such Field due to Bayer discontinuing payment, and on request of Bayer, the parties will discuss what payments, if any, are needed to maintain exclusivity; provided, however, that Symyx shall not be required to provide such notice to Bayer if the parties have agreed in writing that the exclusivity set forth in this Section 2.5 no longer applies for such Field.
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Field Exclusivity. Unless otherwise agreed in writing, Jackxxx xxxll only allow Argonaut Field exclusive distribution rights for Products.
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Field Exclusivity. 2.5.1 During the term of this Agreement, PACKARD shall have the right to sell, and have sold, all versions of Oasis LabCard chips [ * ] for use with Systems in the Field or for use with Third Party Instrumentation in the Field. So long as PACKARD continues to satisfy the Due Diligence Requirements described below, the foregoing right to sell, and have sold, all versions of Oasis LabCard chips [ * ] for use with Systems in the Field or for use with Third Party Instrumentation in the Field shall be exclusive to PACKARD. For purposes of this Section 2.5.1, PACKARD shall be deemed to have satisfied the "Diligence Requirement" during any period if (1) PACKARD is diligent in promoting, distributing and selling Oasis LabCard chips, and (2) PACKARD is demonstrably committed to selling Oasis LabCard chips for use with Third Party Instrumentation as well as for use with Instruments manufactured by PACKARD. During the [ * ] period following the first commercial sale of a System to a third party, diligence shall be determined based on actual sales, reasonable penetration into the Homogenous Assay market for the Field, and the number of and volume [*] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
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Field Exclusivity. Until the earlier of (a) [***] after the termination of the Research Program Term, if such termination occurs before [***] of the Effective Date, or (b) [***] after the end of the Research Program Term, Pharmacopeia will not (i) knowingly make compounds or combinatorial libraries for any third person or entity specifically for screening any target in the Field actually screened in the Research Program, (ii) perform contract screening for any third person or entity with respect to any target in the Field actually screened in the Research Program, or (iii) perform for its own account any screening with respect to any target in the Field actually screened in the Research Program. Organon understands that in the ordinary course of its business Pharmacopeia provides libraries to third parties for screening against unidentified targets.
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Field Exclusivity. Neither Party, absent the Parties’ mutual written agreement, [***]. For clarity, each Party agrees, on its own behalf and on behalf of its Affiliates, not to (and shall cause its Affiliates not to) [***] with respect to [***] is permitted under this Agreement, but such other Party may not [***] (absent the Parties’ mutual written agreement); provided that the results of such Research conducted during the Research Term [***] on a Calendar Quarter basis during the performance of such Research and will be deemed to be Jointly-Owned Collaboration IP created during the Research Activities except to the extent that any such results are subject to Section 10.2.1(a)(iii) or 10.2.2(a)(ii); provided, further, that [***]. In the event a Party desires to Develop or Commercialize [***], prior to any Development or Commercialization thereof, (a) such Party shall [***] and (b) both Parties shall [***]. In addition, and without limiting the foregoing or any license grant to Lilly under Section 2.1, [***] may not (except as specifically permitted under this Agreement) (i) [***] or (ii) [***], in each case (clauses (i) or (ii)), that [***].
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Field Exclusivity. 5.1 Neither AccuMed nor any Subsidiary shall develop, manufacture, purchase, distribute, or market anywhere worldwide during the term of this Agreement (or have or enter into any agreement or arrangement with respect to) any product or system: (i) competitive with or substantially similar to the Imaging System or Software Products or (ii) in the Field.
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Related to Field Exclusivity

  • Limited Exclusivity The Sub-Advisor agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as “Environmentally Qualified” or otherwise “Socially Responsible” within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Advisor are not exclusive, and that nothing in this Agreement shall prevent the Sub-Advisor from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Trust (whether or not their investment objectives and policies are similar to those of the Fund) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Advisor’s ability to meet its obligations to the Fund hereunder. When the Sub-Advisor recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Advisor recommends the purchase or sale of the same security for the Fund, it is understood that in light of its fiduciary duty to the Fund, such transactions will be executed on a basis that is fair and equitable to the Fund. If the Sub-Advisor provides any advice to its clients concerning the shares of the Fund, the Sub-Advisor shall act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund. The Sub-Advisor provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Advisor with respect to the Fund. Nothing in this Agreement shall impose upon the Sub-Advisor any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Fund, any security which the Sub-Advisor, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.

  • Regulatory Exclusions (a) If the Executive is suspended and/or temporarily prohibited from participating in the conduct of the Savings Bank's affairs by a notice served under Section 8(e)(3) or (g)(1) of the FDIA (12 U.S.C. 1818(e)(3) and (g)(1)), the Savings Bank's obligations under the Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Savings Bank may within its discretion (i) pay the Executive all or part of the compensation withheld while its contract obligations were suspended and (ii) reinstate any of its obligations which were suspended.

  • Termination of Exclusivity Section 9.1 (Exclusivity in Michigan) of this Agreement shall terminate upon any termination of the Agreements, notwithstanding any breach of the Agreements by the Band.

  • Nonexclusivity The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the Company’s Certificate of Incorporation, its Bylaws, any agreement, any vote of stockholders or disinterested members of the Company’s Board of Directors, the General Corporation Law of the State of Delaware, or otherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though he or she may have ceased to serve in any such capacity at the time of any action, suit or other covered proceeding.

  • Non-exclusivity, Etc The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

  • For clarity Research Tools are subject to the license grants in Sections 2.1-2.3, Section 2.8, the retained rights set forth in Sections 2.9, and the due diligence requirements in Section 6.

  • License Terms 1. The license granted to use and have used the Licensed Marks with respect to, and in conjunction with, the manufacture, offer for sale, sale, importation, exportation, and provision of Licensed Products is non-exclusive, worldwide and royalty-free and includes the right to sublicense to Licensee’s subsidiaries and affiliates.

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