Common use of Exceptions to Exclusivity Clause in Contracts

Exceptions to Exclusivity. The exclusive rights granted in Section 2.1 above are subject to the following exceptions. (a) Licensor shall retain the right to market and sell [***]. (b) Licensor shall retain the right to sell [***], as long as the following conditions are met: [***]. If [***], Licensor shall have the right to sell [***]. Licensor shall inform Licensee promptly of [***]. At the Executive Business Reviews, the Parties will discuss sales figures of [***]. (c) Licensor shall retain the right to sell [***]. (d) Subject to Section 5, nothing in this Agreement shall prohibit or limit Licensor’s right to make, use, sell, market or distribute any products or services (i) outside of the Territory (whether within or outside the Field) or (ii) within the Territory outside the Field.

Appears in 2 contracts

Sources: Technology License Agreement (A123 Systems, Inc.), Technology License Agreement (A123 Systems, Inc.)