Exclusivity Commitments Clause Samples

Exclusivity Commitments. (a) The rights of ACCESS to use and ----------------------- sublicense software developed, owned or licensed by AWARE for Medical Use shall be exclusive to the extent set forth herein. From the Effective Date until the termination of exclusivity as provided herein, AWARE will not (except as expressly permitted by this Agreement) supply for Medical Use or permit any person to use for Medical Use (i) the Compression Software or any modification or improvement of the Compression Software, (ii) any other software developed, owned or licensed by AWARE that implements lossy compression of images, or (iii) any other software developed, owned or licensed by AWARE that provides functionality similar to the Joint Product contemplated by Article III. AWARE will take reasonable steps to assure compliance with this exclusivity commitment by third parties to whom AWARE provides software. Notwithstanding anything contained in this Agreement, AWARE may provide its ADSL, SDSL, HFC and any other general data communication product (not including lossy compression) to third parties for Medical Use or any other purpose.
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Exclusivity Commitments. (i) During the Exclusivity Period, other than in the conduct of an Oral Product Research Collaboration (including as contemplated under Section 2.2(a) and Section 5.1), OPKO will not (and will cause its Affiliates not to), either alone or with Affiliates or Third Parties, research, Develop, Manufacture, or Commercialize (collectively, “Exploit”) any Oral Product or grant any right or license to any Third Party to conduct any of the foregoing activities, other than the rights granted to Entera under this Agreement. (ii) During the Exclusivity Period, other than in the conduct of an Oral Product Research Collaboration, Entera will not (and will cause its Affiliates not to), either alone or with any Affiliates or Third Parties, use the Entera Platform to Exploit any Oral Product, or grant any right or license to any Third Party to conduct any of the foregoing activities, other than the rights granted to OPKO under this Agreement.
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Exclusivity Commitments. (a) EMED shall have the exclusive right to use ----------------------- and sublicense software developed or owned by AWARE for Medical Use to the extent set forth herein. From the date of this Agreement until the termination of exclusivity as provided in Section 6.01, AWARE will not (except as expressly permitted by this Agreement) supply for Medical Use or permit any person to use for Medical Use (i) the Web Software or any modification or improvement of the Web Software or (ii) any other dynamic HTML or plug-in product that is developed, owned or licensed by AWARE. AWARE will take reasonable steps to assure compliance with this exclusivity commitment by third parties to whom AWARE provides software. Notwithstanding anything contained in this Agreement, AWARE may provide its ADSL, SDSL, HFC and any other general data communication product to third parties for Medical Use or any other purpose. (b) From the date of this Agreement until the termination of exclusivity as provided in Section 6.01, AWARE will be the exclusive supplier to EMED of web- based image viewing and distribution software for use in EMED products. EMED will not independently develop any such software and will not include any such software (other than that developed by or in cooperation with AWARE under this Agreement) in the Web Product or any product that is competitive with the Web Product. The parties understand and agree that home, diagnostic and intensive care unit viewers are complementary to the Web Product and are therefore not within the scope of the foregoing restrictions.
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Exclusivity Commitments. The Parties are making the exclusivity commitments set forth in Article 11.
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Exclusivity Commitments. The Parties agree to meet and discuss in good faith potential amendments to the SAA to reduce or eliminate the Exclusivity Commitment provisions in the SAA (Section 7). The Parties hereby waive any claims against one another relating to violations of Section 7 of the SAA occurring prior to the Effective Date of this Amendment.
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Exclusivity Commitments. To fairly and properly value the license of the Licensed Rights pursuant to this Agreement and confirm the diligence obligations of Licensee hereunder, the Parties undertake and agree as follows:
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Exclusivity Commitments 
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Related to Exclusivity Commitments

  • Revolving Commitments (a) Subject to the terms and conditions hereof, each Lender severally agrees to make revolving credit loans (“Revolving Loans”) to the Borrower from time to time on any Business Day during the Commitment Period, at such times as the Borrower may request in accordance with Section 2.2, in an aggregate principal amount at any one time outstanding which, when added to such Lender’s Applicable Percentage of the aggregate principal amount of Swingline Loans then outstanding, does not exceed the amount of such Lender’s Commitment; provided, however, that (i) no Revolving Loan shall be made to the extent the aggregate unpaid principal amount of all Loans would exceed the Total Commitments, (ii) no Borrowing Base A Loans shall be made to the extent that the aggregate unpaid principal amount of all Borrowing Base A Loans would exceed the aggregate Loan Value of the Pledged Eligible Assets (including the Pledged Eligible Assets referred to in Section 2.2(a)(ii) with respect to such Revolving Loan) and (iii) no Borrowing Base B Loans shall be made to the extent that the aggregate amount of all Borrowing Base B Loans would exceed the Borrowing Base B Limit; provided further that Borrowing Base B Loans may not be borrowed on any date in any rolling period of 90 consecutive days if Borrowing Base B Loans have already been outstanding for 30 days during such period. During the Commitment Period, the Borrower may borrow, prepay the Revolving Loans in whole or in part, and reborrow, all in accordance with the terms and conditions hereof. (b) The Borrower shall repay all outstanding Revolving Loans on the Termination Date. (c) The failure of any Lender to make any Revolving Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Revolving Loans as required.