During Exclusivity Period Sample Clauses

During Exclusivity Period. (a) During the Exclusivity Period, [***]. Notwithstanding the foregoing, either Party may acquire or maintain an ownership interest in a Third Party that owns or controls a Competing Product (for so long as such Third Party is not an Affiliate of such Party). For clarity, each Party will retain the right (and Fate will retain the right to use the Fate Platform Technology), including during the Exclusivity Period, to research, develop, manufacture and commercialize any product, including a cell product targeting any antigen (including a Xxxxxxx Antigen), so long as such product is not a Competing Product.
Sample 1
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During Exclusivity Period. During the Exclusivity Period, lndigo agrees not to do any of the following (each, a "Prohibited Competitive Activity"): Either alone or in concert with others and either directly, or indirectly as a principal, partner, joint venturer, or greater than twenty percent (20%) shareholder, develop, manufacture, market or sell, or contract for the development, manufacture, marketing or sale of any implantable radioactive seed for use in the Field (a "Competing Radioactive Device"). In the event that any Affiliate is marketing and selling the Device in the Field in a jurisdiction in which Indigo has the exclusive rights to market and sell the Device in the Field such Affiliate shall also be prohibited from undertaking any Prohibited Competitive Activity during such period.
Sample 1
During Exclusivity Period. If, during the Exclusivity Period, Maruishi is faced with a material business difficulty regarding its sales of Licensed Products that significantly negatively impacts its overall gross margin, because, by way of example, the XXX Xxxxx is substantially lowered or a competing product enters into the market, then the running royalty rates in Section 6.3 will be adjusted by good faith discussion of the Parties so that Maruishi may maintain a reasonable gross profit margin, while Cara continues to receive reasonable compensation. The general mechanism for such an adjustment (to be used by the Parties in discussing the extent of the adjustment) is as follows: The Parties agree that, in the event that such a material business difficulty occurs, the Parties would seek to agree on an adjustment to the royalty rates in Section 6.3 such that Maruishi’s Gross Margin (as calculated below) would be approximately [*]. Gross Margin = [*] Where:
Sample 1

Related to During Exclusivity Period

  • Exclusivity Period During the Exclusivity Period each Party shall:

  • Royalty Period The royalty payments set forth above shall be payable for each Licensed Product on a product-by-product and country-by-country basis from the time of First Commercial Sale of Licensed Product in such country until the later of (i) [**] years from the time of First Commercial Sale of Licensed Product in such country or (ii) until the last to expire patent containing a Valid Claim providing marketing exclusivity with respect to such Licensed Product.

  • Royalty Term Licensee shall have no obligation to pay any royalty with respect to Net Sales of any Licensed Product in any country after the Royalty Term for such Licensed Product in such country has expired.

  • LICENSE TERM A. Except as otherwise provided herein, the license granted by this Agreement shall remain in effect for a period of one (1) year and shall be automatically extended for additional one (1) year periods unless terminated pursuant to the provisions herein.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-exclusivity, Etc The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

  • Patent Term Extension The Parties will cooperate in selecting a patent within the Patent Rights to seek a term extension for or supplementary protection certificate under in accordance with the applicable laws of any country. Each Party agrees to execute any documents and to take any additional actions as the other Party may reasonably request in connection therewith.

  • Initial Term This Agreement shall become effective as of the date first written above (the “Start Date”) and shall continue thereafter throughout the period that ends two (2) years after the Start Date (the “Initial Term”).

  • Perpetuity period The perpetuity period under the rule against perpetuities, if applicable to this Agreement, shall be the period of eighty years from the date of this Agreement.

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