Appointment Restrictions Clause Samples

Appointment Restrictions. (a) Notwithstanding anything to the contrary in this Agreement, PSS shall not have the right to distribute Products to any customer which, as of the Effective Date, has purchased Products from Biosite or [***](but not any other distributor of Biosite) other than a customer that [***](provided that prior to making any sale of a Product to any such customer, (i) PSS shall provide the customer’s written statement to Biosite and (ii) PSS shall first allow Biosite, for thirty (30) days after Biosite receives such written statement from PSS, to contact the customer to discuss the customer’s statement). (b) PSS shall refrain from directly or indirectly (i) seeking customers for, establishing any branch for, or maintaining any distribution depot or network for the sale of, the Products outside of the Territory, or (ii) selling the Products to any person or entity other than Physician Office Practices in the market segments as expressly described above. (c) The Territory shall not include, and PSS shall not be permitted to sell the Products in, any territory or to any market segment not expressly described in the Agreement. PSS shall take reasonable steps to limit the likelihood that PSS’s customers in the Territory purchase Products for resale outside of the Territory. (d) PSS shall not have the right to appoint sub-distributors, except as approved by Biosite in advance writing. Any permitted sub-distributors shall be subject to the provisions of this Agreement.