Competing Product Acquisitions Sample Clauses

Competing Product Acquisitions. If Xxxxxx (“Xxxxxx Acquiring Party”) (a) acquires from a Third Party a Competing Product that is then being commercialized in any Country (“Acquired Competing Product”), (b) acquires a Third Party which results in Xxxxxx Acquiring Party controlling an entity with an Acquired Competing Product then being commercialized in any Country, or (c) undergoes a Change of Control which results in Xxxxxx then being controlled by an entity with an Acquired Competing Product being commercialized in any Country, then Xxxxxx shall deliver to Thera Europe as soon as possible (and in any event within [REDACTED: Term] after Xxxxxx Acquiring Party acquires such Acquired Competing Product or undergoes such Change of Control) a written notification of the election of Xxxxxx Acquiring Party, in such Person’s sole discretion, either to divest or retain all of its rights, title and interest in and to such Acquired Competing Product. If Xxxxxx Acquiring Party elects to retain such Acquired Competing Product as specified in such notice from Xxxxxx, Xxxxx Europe shall have the right, at its sole discretion and as its sole and exclusive remedy, to terminate this Agreement, with respect to the Product (or Products, as the case may be) in the Country (or Countries, as the case may be) which competes with the Acquired Competing Product by providing written notice to Xxxxxx. If Xxxxxx provides notice of the intention of Xxxxxx Acquiring Party to divest the Acquired Competing Product and fails to execute a definitive agreement with respect to such divestiture of the Acquired Competing Product within [REDACTED: Term] after the acquisition thereof by Xxxxxx Acquiring Party, then Thera Europe shall have the right, at its sole discretion and as Thera Europe’s sole and exclusive remedy, to terminate this Agreement with respect to such Product (or Products, as the case may be) and with respect to such Country (or Countries, as the case may be) by providing written notice to Xxxxxx within [REDACTED: Term] after the expiration of such [REDACTED: Term] period. Notwithstanding the foregoing, if Thera Europe elects not to terminate this Agreement with respect to a Product in a Country pursuant to this Section 11.2, Xxxxxx shall not be in breach of Section 11.1 with respect to such retained Acquired Competing Product, provided that Xxxxxx shall ensure that, during the Term (a) no Sales Representative who has Detailed or is Detailing any such Product details such Acquired Competing Product(s), (b) Xxx...
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Competing Product Acquisitions 

Related to Competing Product Acquisitions

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Marketing Activities The Borrower will not, and will not permit any of its Subsidiaries to, engage in marketing activities for any Hydrocarbons or enter into any contracts related thereto other than (i) contracts for the sale of Hydrocarbons scheduled or reasonably estimated to be produced from their proved Oil and Gas Properties during the period of such contract, (ii) contracts for the sale of Hydrocarbons scheduled or reasonably estimated to be produced from proved Oil and Gas Properties of third parties during the period of such contract associated with the Oil and Gas Properties of the Borrower and its Subsidiaries that the Borrower or one of its Subsidiaries has the right to market pursuant to joint operating agreements, unitization agreements or other similar contracts that are usual and customary in the oil and gas business and (iii) other contracts for the purchase and/or sale of Hydrocarbons of third parties (A) which have generally offsetting provisions (i.e. corresponding pricing mechanics, delivery dates and points and volumes) such that no “position” is taken and (B) for which appropriate credit support has been taken to alleviate the material credit risks of the counterparty thereto.

  • Existing Products 1. Hardware - Title and ownership of Existing Hardware Product shall pass to Authorized User upon Acceptance.

  • Manufacturing and Marketing Rights The Company has not granted rights to manufacture, produce, assemble, license, market, or sell its products to any other person and is not bound by any agreement that affects the Company's exclusive right to develop, manufacture, assemble, distribute, market, or sell its products.

  • Competing Activities Notwithstanding any duty otherwise existing at law or in equity, (i) neither a Member nor a Manager of the Company, or any of their respective affiliates, partners, members, shareholders, directors, managers, officers or employees, shall be expressly or impliedly restricted or prohibited solely by virtue of this Agreement or the relationships created hereby from engaging in other activities or business ventures of any kind or character whatsoever and (ii) except as otherwise agreed in writing or by written Company policy, each Member and Manager of the Company, and their respective affiliates, partners, members, shareholders, directors, managers, officers and employees, shall have the right to conduct, or to possess a direct or indirect ownership interest in, activities and business ventures of every type and description, including activities and business ventures in direct competition with the Company.

  • Regulated Activities The Company shall not itself, nor shall it cause, permit or allow the Bank or any other of its Subsidiaries to (i) engage in any business or activity not permitted by all applicable laws and regulations, except where such business or activity would not reasonably be expected to have a Material Adverse Effect on the Company, the Bank and/or such of its Subsidiaries or (ii) make any loan or advance secured by the capital stock of another bank or depository institution, or acquire the capital stock, assets or obligations of or any interest in another bank or depository institution, in each case other than in accordance with applicable laws and regulations and safe and sound banking practices.

  • Non-Marketing Purposes ACROSS SPECIALTY PHARMACY greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in ACROSS SPECIALTY PHARMACY products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. Children under the age of 13 ACROSS SPECIALTY PHARMACY's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

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