Effect of Termination of Limited Exclusivity Clause Samples
The 'Effect of Termination of Limited Exclusivity' clause defines what happens to the parties' rights and obligations once a previously granted period of limited exclusivity ends. Typically, this clause outlines whether the parties may resume certain activities, such as entering into agreements with third parties or using specific intellectual property, that were restricted during the exclusivity period. Its core function is to clarify the transition from an exclusive arrangement to a non-exclusive one, ensuring both parties understand their freedoms and limitations after exclusivity terminates, thereby preventing disputes or misunderstandings.
Effect of Termination of Limited Exclusivity. Termination of the -------------------------------------------- relationship of Limited Exclusivity between Continental and Netcentives shall not affect the obligations of the parties under this Agreement except that upon the termination of the relationship of Limited Exclusivity, in addition to the loss of certain other rights as set forth in other Agreements between the parties, (i) immediately upon receipt of the Notice by Netcentives, [..
Effect of Termination of Limited Exclusivity. Termination of the -------------------------------------------- relationship of Limited Exclusivity between MPI and Netcentives shall not affect the obligations of the parties under this Agreement except that upon the termination of the relationship of Limited Exclusivity: (i) effective forty-five (45) days after receipt of the Notice, MPI shall be permitted to sell Miles to any third party, including a Direct Competitor of Netcentives, (ii) effective on and after forty-five (45) days after receipt of the Notice by Netcentives, Netcentives shall no longer be required to meet any guaranteed purchase commitments as set forth in Section 2.1(b) and (iii) effective on and after forty-five (45) days after receipt of the Notice by Netcentives, the price paid by Netcentives for Miles purchased thereafter shall be adjusted to $0.015 per Mile. Any sales by United or MPI to a Direct Competitor of Netcentives prior to the expiration of such Limited Exclusivity period shall be considered a material breach of this Agreement by MPI, unless excepted in Section 5.1(a) in accordance with the provisions of this Section 5.1(c).
Effect of Termination of Limited Exclusivity. Termination of the -------------------------------------------- relationship of Limited Exclusivity between NW and Netcentives shall not affect the obligations of the parties under this Agreement except that upon the termination of the relationship of Limited Exclusivity, in addition to the loss of certain other rights as set forth in other Agreements between the parties, (i) immediately upon receipt of the Notice by the non-terminating party, [****]; (ii) immediately upon receipt of the Notice by the non-terminating party, designees of NW shall no longer be permitted to participate on the Partner Advisory Board; and (iii) [****] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. beginning [****] after receipt of the Notice by the non-terminating party, NW shall be permitted to sell Miles to any third party, including a Direct Competitor of Netcentives.
Effect of Termination of Limited Exclusivity. Termination of the -------------------------------------------- relationship of Limited Exclusivity between US Airways and Netcentives shall not affect the obligations of the parties under this Agreement except that upon the termination of the relationship of Limited Exclusivity, in addition to the loss of certain other rights as set forth in other Agreements between the parties, (i) immediately upon receipt of the Notice by Netcentives, Netcentives shall no longer be responsible for meeting the volume purchase requirements as set forth in this Agreement, (ii) beginning ninety (90) days after receipt of the Notice by Netcentives, US Airways shall be permitted to sell Miles to any third party, including a Direct Competitor of Netcentives, (iii) immediately upon receipt of the Notice by Netcentives, Netcentives shall no longer pay for Miles according to the pricing schedule under Limited Exclusivity and will instead pay for Miles according to the pricing schedule under dropping of Limited Exclusivity, as set forth in Appendix B. Each party agrees that its obligations under Limited Exclusivity as provided herein are necessary and reasonable in order to protect Netcentives and its business, and each party expressly agrees that monetary damages would be inadequate to compensate Netcentives for any breach by US Airways of its Limited Exclusivity related covenants and agreements. Accordingly, each party agrees and acknowledges that any such violation would cause irreparable injury to Netcentives and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Netcentives shall be entitled to obtain injunctive relief against any such breach or the continuation of any such breach by US Airways, without the necessity of proving actual damages.
Effect of Termination of Limited Exclusivity. Termination of the -------------------------------------------- relationship of Limited Exclusivity between MPI and Netcentives shall not affect the obligations of the parties under this Agreement except that upon the termination of the relationship of Limited Exclusivity: (i) immediately upon receipt of the Notice by the non-terminating party, Netcentives shall no longer be responsible for meeting the minimum volume purchase requirements as set forth in Exhibit B, (ii) beginning [***] after receipt of the Notice by the non- --------- terminating party, MPI shall be permitted to sell Miles to any third party, including a Direct Competitor of Netcentives, and (iii) if such Notice is delivered by MPI, then effective on and after [***] after receipt of the Notice by Netcentives, [***], as set forth in Exhibit B. Any sales by United or MPI --------- to a Direct Competitor of Netcentives prior to the expiration of such Limited Exclusivity period shall be considered a material breach of this Agreement by MPI, unless excepted in Section 5.1(a) in accordance with the provisions of this Section 5.1(c).
Effect of Termination of Limited Exclusivity. Termination of the -------------------------------------------- relationship of Limited Exclusivity between US Airways and Netcentives shall not affect the obligations of the parties under this Agreement except that upon the termination of the relationship of Limited Exclusivity, in addition to the loss of certain other rights as set forth in other Agreements between the parties, (i) immediately upon receipt of the Notice by Netcentives, Netcentives shall no longer be responsible for meeting the volume purchase requirements as set forth in this Agreement, (ii) beginning [***] after receipt of the Notice by Netcentives, US Airways shall be permitted to sell Miles to any third party, including a Direct Competitor of Netcentives, [..