Common use of Exclusivity Minimum Clause in Contracts

Exclusivity Minimum. During the Term of this Agreement, Arbor shall not grant, directly or indirectly, licenses or any rights to market or sublicense the Software to the companies described on Exhibit F attached hereto (the "Exclusivity Companies"), provided that Comshare makes the following minimum payments: (i) Beginning with the third quarter of Year 2 and continuing for a total of four consecutive quarters ("Exclusive Year 1"): * per quarter for a total of * in Exclusive Year 1. (ii) For each four quarters after Exclusive Year 1: * per quarter for a total of * in Exclusive Year 2, and so on for succeeding Exclusive Years. Notwithstanding the above, however, Arbor and its agents and distributors are not prohibited from licensing the * Indicates that material has been omitted and confidential treatment has been requested therefore. All such omitted material has been filed separately with the SEC pursuant to Rule 24b-2. Software to the Exclusivity Companies strictly for their own internal business use and not for resale or sublicensing. These exclusivity payments shall be made and calculated in the manner prescribed in Section 5(c) for the Year 2 minimums, and all excess exclusivity payments shall be credited against any future amounts due from Comshare to Arbor. The minimum payments described in Sections 5(c) and 5(d) are included in and are not in addition to the amounts described in this Section 5(e).

Appears in 2 contracts

Sources: License Agreement (Comshare Inc), License Agreement (Comshare Inc)