Current Product Clause Samples
The "Current Product" clause defines which version or iteration of a product is being referenced or governed by the agreement. Typically, this clause specifies that the terms apply to the product as it exists at the time the contract is signed, and may outline how updates or modifications are handled. By clearly identifying the relevant product version, this clause ensures both parties have a mutual understanding of their rights and obligations, reducing the risk of disputes over changes or upgrades.
Current Product. Should the parties agree to further explore technical and other exchanges pertaining to the products described in this Agreement, then this shall be under a separate agreement.
Current Product. In the event that the Parties agree to further explore technical and other exchanges pertaining to the products described in this Agreement or the MSA Agreement, then the terms of such agreement regarding further exploration shall be set forth in an agreement separate from this Agreement and the MSA Agreement.
Current Product. Photography or sound track from a theatrical or television motion picture, the principal photography of which commenced on or after June 10, 2009 (“current product”), shall be governed by the following:
(a) Except as provided in subsection (c) below, Producer shall obtain the consent of the performer prior to using photography or sound track in new media. Except as provided in subsection (b) below, such consent may be obtained at the time of employment. Such consent shall not in any manner waive the performer’s rights (including rights of the performer’s estate) to pursue claims against third parties arising from the use of excerpts that are outside the scope of the authorization given by the Producer.3 3 It is understood by the parties that such rights of the performer may include, for example, an action for violation of right of publicity, right of privacy, defamation, false light, etc.
(b) Consent for the following uses must be obtained separately from the performer’s employment contract:
(i) for the reuse of nude photography;
(ii) for the reuse of a “blooper” excerpt which was not included in the theatrical or television motion picture as originally exhibited; except that consent for use of deleted or alternative scenes that cannot be characterized as a “blooper” may be obtained at the time of employment; and
(iii) for the reuse of photography or sound track in a commercial (i.e., an advertisement for goods or services), except that consent for use of excerpts for promotional purposes (e.g., commercial or promotional tie-ins and cross-promotions) in new media or for the purpose of advertising or promoting the service on which the excerpts are available or the service on which the theatrical or television motion picture or series from which the excerpt was taken appears, may be obtained at the time of employment. It is understood that the reuse of photography or sound track on a website with a single commercial sponsor does not constitute use in a commercial.
(c) Notwithstanding the foregoing, the Producer shall not be required to obtain consent of a performer for the use of an excerpt(s) in new media under the following circumstances:
(i) When there would be no such obligation if the Producer used the excerpt in traditional media; however, the Producer shall be obligated to comply with the provisions of Section C.(1)(a) above as to any use of stunt footage, other than a use which would not require consent if it were of non-stunt footage;
(ii) If the Pr...
Current Product. The products listed on Schedule 8 comprise a complete and accurate list of all golf ball and golf club products using Core IP and Non-Core IP that the Seller, as of the Closing, manufactures, has manufactured by third parties, imports, distributes, markets, promotes, offers to sell and sells.
Current Product. If during the Term of the Agreement (i) a Third Party License is required as provided or determined under either Section 4.5(a) or Section 4.5(b) in any country in the Territory, and (ii) such Third Party License relates solely to the Product covered by the approved MAA as of the Effective Date and is only required in order to provide MIOL with a continued right to use, register, Market, Commercialize and/or Manufacture such Product in such country in the Territory, and (iii) such Third Party License is not required to obtain rights to, or related to, any other Product, product or technology or for any other purpose (including activities solely within MIOL’s control, such as packaging or distribution of the Product), then in such event the Parties agree as [****] = 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 24b-2 of the Securities Exchange Act of 1934, as amended. Confidential treatment has been requested with respect to the omitted portions.
Current Product. “Current Product” shall mean the Product the formulation of which is described in IND number 57836.