Exclusive Product definition

Exclusive Product means a Licensed Product as to which an Opt-In Right has not arisen or, having arisen, has not been exercised within the Opt-In Period.

Exclusive Product means the service of online ordering from an Online Grocer, for delivery (directly or through a third-party) or pick-up, of everyday grocery items assembled for the customer. For purposes of this Agreement, the term "Online Grocer" shall mean any entity that offers the online ordering of and whose primary business is the sale or delivery of, a comprehensive range of everyday grocery items, regardless of whether such entity offers such grocery items solely online or as ancillary to its traditional bricks-and-mortar grocery or convenience food store business; provided however, that in no event shall "Online Grocer" include any entity (i) with a [***], provided that this exception shall not except a [***] business or an [***] from the definition of "Online Grocer", (ii) who offers only a [***], or (iii) that provides predominantly a [***]. As part of the exclusivity, AOL shall not itself or through any agent use any part of the Designated Exclusivity Areas to market or promote the Exclusive Product. Notwithstanding anything to the contrary in this Section 3 (and without limiting any actions which may be taken by AOL without violation of MP's rights hereunder), no provision of this Agreement will limit AOL's ability (on or off the AOL Network) to (i) undertake activities or perform duties pursuant to existing arrangements with third parties, provided, however, that the Impressions delivered pursuant to any such arrangement with any MP Competitor or as part of the marketing of the Exclusive Product by any other Online Grocer shall reduce the number of Impressions permitted under Section 3.2.1 below (or pursuant to any agreements to which AOL becomes a party subsequent to the Effective Date as a result of Change of Control, merger, acquisition or other similar transaction), (ii) create editorial content relating to any third party marketer of the Exclusive Product (but shall not sell contextual links to any marketer of the Exclusive Product except in accordance with this Agreement) or (iii) offer information relating to marketers of the Exclusive Product on any yellow pages, white pages, classifieds or other search, directory or review services or Content or similar service. In addition, to the extent that any third party does not solely [***], AOL will not be restricted from promoting such party (on or off the AOL Network), so long as such promotions do not, [***], expressly [***] or allow a [***]. Notwithstanding any provision of this Agreement to the contrary...

Exclusive Product means the Co-Packaged BID Product and/or the Co-packaged QD Product, and as modified in accordance with Section 6.3.1.

Examples of Exclusive Product in a sentence

• If PIRS does not exercise a PIRS CoDev Option for a Collaboration Product as set forth above, such Collaboration Product shall become an Exclusive Product.

• SGEN will provide to PIRS final copies of all publications (including any abstract, poster, presentation or other disclosure) that SGEN proposes to make with regard to any Research Candidate or Exclusive Product at least [***] days prior to the intended date of publication and shall include in all such publications (including any abstract, poster, presentation or other disclosure) an acknowledgement of PIRS and its contributions to the applicable Research Candidate or Exclusive Product.

• If PIRS does not exercise a PIRS CoDev Option with respect to a Collaboration Product, such Product shall remain an Exclusive Product.

• PIRS shall have—and SGEN hereby grants to PIRS as of the Effective Date—the exclusive option (exercisable in PIRS’ sole discretion) to opt into [***] global co-Development and co-Commercialization as set forth in the CoDev Product Plan of [***] Collaboration Product, which would then become a CoDev Product and would no longer be an Exclusive Product, in accordance with the selection procedure set forth below (the “PIRS CoDev Option”).

• For clarity, PIRS shall not publish any pre-clinical and clinical Data with respect to a Research Candidate or an Exclusive Product without the prior written consent of SGEN.

More Definitions of Exclusive Product

Exclusive Product means a Collaboration Product for which PIRS has not exercised a PIRS CoDev Option in accordance with Section 4.4.2. For avoidance of doubt, unless and until PIRS exercises a PIRS CoDev Option, a Collaboration Product shall be an Exclusive Product.

Exclusive Product means (i) any “Original Exclusive Product” and any “New Exclusive Product” (as such terms are defined in Section 1.2.1 below). Comarco hereby agrees to sell the Products to Targus and Targus hereby agrees to buy the Products from Comarco, on and subject to the terms and conditions contained in this Agreement.

Exclusive Product means each product set forth in Exhibit 1.7, which may be amended as the parties agree.

Exclusive Product means those Products, identified as Exclusive Products in Schedule A, that shall be subject to the exclusivity provisions of Schedule 2.4 of this Agreement.

Exclusive Product means any Product (A) which is obtained by Supplier exclusively for TFM and at TFM’s request, (B) which is special ordered by TFM at TFM’s request, (C) which, because of any special design, label, logo, quantity, or other feature, Supplier does not, and would not normally, obtain and maintain as part of its regular inventory, or (D) for which, due to TFM’s requests, the levels of the applicable Products are in excess of what Supplier would customarily carry in its inventory and are levels that Supplier would be unable to utilize in its normal operations within a reasonable period of time and, in the case of excess inventory, only those Product levels that are beyond customary levels shall be deemed Exclusive Products.

Exclusive Product means, subject to the provisos set forth herein, the Product upon and following the Commercial Launch, during such time that the Product [***].

Exclusive Product shall be any syrup so designated by Starbucks on Attachment A, as may be amended from time to time, which Exclusive Products shall be produced for and supplied exclusively to Starbucks. Supplier shall manufacture, label, and deliver the Product according to Starbucks' instructions and specifications, including but not limited to, those terms contained in Attachment A, which terms are incorporated herein by this reference.