Additional Countries. KEYSTONE DENTAL will initially have the exclusive license and right to distribute the Licensed Product in the Field of Use in the United States, Canada, Chile and all countries within the European Union. In the case of sales in any other country (other than Korea) where it seeks to register the Licensed Product, KEYSTONE DENTAL shall obtain the exclusive right from NIBEC based on the agreement between NIBEC and KEYSTONE DENTAL as well as subject to the following conditions (i) NIBEC has not previously granted the distribution and license rights for the Licensed Product to a third party for the Field of Use in the applicable country; provided, however, that NIBEC shall not grant distribution and license rights to the Licensed Product to any third Party for the Field of Use in any other countries outside the Territory and Korea without first offering such distribution and license rights to KEYSTONE DENTAL in good faith; and (ii) NIBEC and KEYSTONE DENTAL agree to an amendment to this Agreement regarding development of the Licensed Product in the country and establish a sales target which KEYSTONE DENTAL would be required to meet in order to maintain the exclusive distribution and license rights in the country.
Appears in 2 contracts
Sources: Distribution Agreement (Capstone Dental Pubco, Inc.), Distribution Agreement (Capstone Dental Pubco, Inc.)