First Negotiation. If Galderma is the Submitting Party or if NovaBay is the Submitting Party and Galderma notifies NovaBay that it is interested in Developing a Collaboration Product for the Proposed Indication(s) within the Field within [***] days of the applicable Development Proposal, then the Parties shall negotiate for a period of [***] days (the “First Negotiation Period”) the terms and conditions for such Development hereunder, including appropriate economic terms; provided that if proposed by Galderma in writing, NovaBay shall be required to agree to the economic terms set forth in Section 3.5.4. If Galderma proposes the economic terms set forth in Section 3.5.4 for such Proposed Indication(s) or the Parties otherwise agree on different terms and conditions for the Proposed Indication(s), the Parties shall execute an amendment to this Agreement setting forth such terms and conditions (including the Accepted Indication plan for such Proposed Indication(s) (the “Accepted Indication Plan”)) and each such Proposed Indication shall be deemed an “Accepted Indication” for purposes of this Agreement.
First Negotiation. If Employer desires to continue to utilize Employee's services after the expiration of this Agreement, Employer shall so notify Employee, in writing, at least ninety (90) days prior to the expiration of the term of this Agreement. Upon such written notification, for at least the following sixty (60) days, Employee shall negotiate in good faith exclusively with Employer concerning continuation of Employee's services to Employer in the period following expiration of this Agreement.
First Negotiation. If Employer desires to continue to utilize Employee’s services after the expiration of this Agreement, Employer shall so notify Employee, in writing, no sooner than ninety (90) days prior to the expiration of the Term. Upon such written notification, for a least the following sixty (60) days, Employee shall negotiate in good faith exclusively with Employer concerning continuation of Employee’s services to Employer in the period following expiration of this Agreement. Nothing contained herein shall relieve Employee of Employee’s non-compete and/or right-of-first-refusal obligations under this Section 9 and Section 12.
First Negotiation. In the event the parties negotiate and agree to an Annual Fixed Rent and have executed a written agreement establishing same on or before the seventy-fifth (75th) day prior to the Commencement, then said Annual Fixed Rent shall be binding upon the parties commencing with the first (1st) day, but Tenant commences to pay Annual Fixed Rent with respect to such Additional Premises (the "Additional Premises Rent Commencement Date").
First Negotiation. Dynavax and RBNV agree that, for [ * ] after the Closing Date, neither Party nor their Affiliates, shall negotiate with any third parties, without first negotiating and discussing in good faith with each other, any possible joint development, research, collaboration and/or marketing agreement for [ * ] [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 8. CONFIDENTIAL
First Negotiation. The following procedure shall apply to SPE's rights of "First Negotiation" hereunder. Upon Marvel's election to exploit any Subject Right, and prior to negotiating with any other party, Marvel shall offer ("Marvel's Offer") in writing to negotiate in good faith exclusively with SPE regarding the mutually acceptable terms upon which any or all of the Subject Rights may be sold or licensed to SPE. If SPE gives Marvel written notice of SPE's desire to negotiate regarding Marvel's Offer within ten (10) business days thereof, Marvel and SPE shall so negotiate in good faith for a period not to exceed fifteen (15) business days ("Negotiation Period"). If SPE and Marvel reach agreement as to any or all of the Subject Rights within the Negotiation Period, such rights shall vest in SPE and a written agreement conforming to the terms accepted by SPE shall be entered into. If SPE fails to give Marvel written notice of SPE's desire to negotiate regarding Marvel's Offer within ten (10) business days after notice thereof, Marvel shall have the right to offer those Subject Rights not then acquired by SPE to other parties. If SPE and Marvel fail to reach agreement within the Negotiation Period regarding SPE's acquisition of all of the Subject Rights, Marvel shall have the right, subject to Section 35.b below, as applicable, to offer those Subject Rights not then acquired by SPE to other parties.
First Negotiation. If Writer is entitled to sole Screenplay Credit on the Picture, and within seven (7) years after the initial general theatrical release of the Picture, Company produces a live action English-language theatrical sequel, live action English-language theatrical prequel, live action English-language theatrical remake, or live action English-language television production based upon the Picture, and if Writer is then active as a professional writer in the theatrical motion picture or television industry, whichever is the applicable medium, then Company shall first negotiate with Writer for Writer’s services in connection with the first such production, provided that: (i) any engagement in connection with a television production shall be subject to licensee and/or distributor and/or financier approval, as applicable; and (ii) Writer's right of first negotiation with respect to a television series shall apply only to the pilot or the first episode if there is no pilot. The foregoing right of first negotiation shall apply to subsequent live action English-language theatrical sequels, live action English-language theatrical prequels, live action English-language theatrical remakes and live action English-language television productions but only if Writer was actually engaged for the first such production and Writer received sole "Screenplay Credit" for the immediately preceding live action English-language theatrical sequel, live action English-language theatrical prequel, live action English-language theatrical remake or live action English-language television production, as applicable. If Company and Writer do not reach an agreement within fifteen (15) business days after commencement of negotiations, Company shall have no further obligation to Writer with respect to such live action English-language theatrical sequels, live action English-language theatrical prequels, live action English-language theatrical remakes or television productions, except as set forth in Paragraph 7B below.
First Negotiation. RMC shall offer to negotiate with COLOPLAST an agreement, on terms generally similar to the terms of this Agreement, providing for RMC’s manufacture and COLOPLAST’s purchase of any Improved MEC (the “Improvement ” or “Improved Product”) that RMC may develop in the future. Such negotiations shall be conducted in good faith by the parties for a period of ninety (90) days exclusively between the parties following the date upon which RMC’s notifies COLOPLAST of the Improvement with a view to entering such an agreement, but nothing herein shall be deemed to require any more than the exercise of (i) exclusivity during this ninety (90) day period; (ii) good faith, (ii) the successful conclusion of any such negotiations, or (iii) the reaching of any final agreement regarding RMC’s manufacture and sale and COLOPLAST’s purchase of any Improved Product. In addition, nothing herein shall be deemed to require RMC to develop an Improved Product or to conduct any development activities therefor except as may be determined by RMC in its sole and exclusive judgment. The right of first, exclusive negotiation granted herein shall expire at the earlier of (i) RMC and COLOPLAST reaching an agreement for RMC’s manufacture and sale and COLOPLAST’s purchase of an Improved Product or (ii) the expiration of the specified ninety (90) days.
First Negotiation. Before granting any rights to others for the use of Licensor Identification within the Contract Territory with respect to a 2000 calendar, Licensor agrees that it will first negotiate in good faith exclusively with IES during a thirty (30) day period ("Negotiation Period") as designated in writing by Licensor. If IES and Licensor fail to reach a mutually acceptable agreement, then Licensor may enter into an agreement with a third party with respect to a 2000 calendar, but in no event shall the terms of any such third party agreement be more favorable to such third party than the terms most recently proposed by IES to Licensor during the Negotiation Period.
First Negotiation. COLOPLAST shall offer to negotiate with RMC an agreement, on terms generally similar to the terms of this Agreement, providing for COLOPLAST’s manufacture and RMC’s purchase of any Improved Freedom MEC (the “Improvement ” or “Improved Product”) that COLOPLAST may develop in the future. Such negotiations shall be conducted in good faith by the parties for a period of ninety
