Loss of Exclusivity. (i) Distributor shall not import or sell a bare metal stent or a drug-eluting stent product for coronary use from another manufacturer or supplier in the Territory. In the event Supplier provides a BMS or DES for peripheral use to Distributor, then Distributor shall not import or sell a bare metal stent or a drug-eluting stent product for peripheral use from another manufacturer or supplier in the Territory. In the event Distributor imports or sells a bare metal stent or a drug-eluting stent product for coronary use or peripheral use, if applicable, from another manufacturer or supplier in the Territory, then, notwithstanding Section 2(a), Supplier shall have the right, in its sole discretion and in addition to any other remedies available to Supplier, to convert this Agreement with respect to BMS (in the case of a competing bare metal stent product), or DES (in the case of a competing drug-eluting stent product) to co-exclusive in the Territory (i.e., Supplier could sell in the Territory directly, or through one other distributor) by written notice to Distributor.
Loss of Exclusivity. If sales volume of the Products sold by Biocompatibles pursuant to this Agreement during the quarter ended [**] (the "Trial Period") does not equal or exceed [**] cases, then IsoRay shall have the right, but not the obligation, to convert this Agreement into a nonexclusive agreement effective the first day of the second calendar month following the end of the Trial Period, i.e., [**]. If IsoRay elects to exercise such right, it shall provide Biocompatibles with written notice of the loss of its co-exclusive rights on or before the tenth (10th) day of the first month following the end of the Trial Period, i.e. [**]. If written notice is not given by IsoRay by such tenth (10th) day, then Biocompatibles’ exclusive rights shall be maintained. Future minimum sales volumes shall be as follows (the “Initial Sales Targets”): Quarter Ending Number of Cases [**] [**] [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. If the Agreement is renewed as provided in Section 2.1 below, during each subsequent quarter following the quarter ended [**], the number of cases sold will be subject to a new addendum as mutually agreed to by the parties (the "Subsequent Sales Targets"). If any of the Initial Sales Targets or Subsequent Sales Targets are not met, then IsoRay shall have the right, but not the obligation, to convert this Agreement into a nonexclusive agreement effective the first day of the second calendar month following the end of the quarter during which the Initial or Subsequent Sales Targets, as the case may be, were not met. If IsoRay elects to exercise such right, it shall provide Biocompatibles with written notice of the loss of its co-exclusive rights on or before the tenth day of the first month following the end of the quarter in which the Initial or Subsequent Sales Target was not met. If written notice is not given by IsoRay by such tenth (10th) day, then Biocompatibles’ exclusive rights shall be maintained. For example, in the quarter ended [**], at least [**] cases must be sold to maintain exclusivity, and if this amount is not sold, IsoRay could convert this Agreement into a nonexclusive agreement effective as of [**] provided that IsoRay gives notice of its exercise of such right by [**]. In the event IsoRay converts this Agreement into a nonexclusive agreement as set forth above, IsoRay shall [**].
Loss of Exclusivity. (a) In the event that (i) Modern Round does not achieve the First Commercial Milestone by the applicable Milestone Date, and (ii) Modern Round fails to pay to VirTra the corresponding Minimum Royalty Payment for any 12-month period as specified under Section 5.4, the exclusive licenses granted by VirTra under Section 3 for the US and Canada will become non-exclusive. Additionally, after conversion to non-exclusive licenses, VirTra shall have no further obligation to: i) license Modern Round to operate the Concept at any new Location in the US or Canada; or ii) provide Modern Round with any new Scenarios for the US or Canada that were completed after Modern Round’s failure as set forth in Section 4.3.
Loss of Exclusivity. A. The parties agree that the exclusivity granted in Section 1 of this Agreement shall become non-exclusive and the restrictions and limitations on Starwood and its Affiliates in Section 2.2A of this Agreement shall cease upon the last to occur of the following events in connection with clauses (i) through (vi) below, as applicable: (x) the calculations required to determine the amounts as set forth in any of clauses (i) through (vi) below are completed, as applicable, (y) any dispute in connection with the results of such calculations is resolved, and (z) an installment of the applicable Exclusivity Continuation Fee has become due and payable and Vistana has failed to make the required payment thereof before the end of the applicable cure period (each of clauses (i) through (vi) below being an “Exclusivity Test”):
Loss of Exclusivity. 9.1 In the event Development pursuant to 3.1.9 shall not have commenced by the required date the rights and license granted pursuant to Section 2 shall be nonexclusive from that date forward.
Loss of Exclusivity. ChemTrak will have the option, upon ninety (90) days advance written notice, to convert Selfcare's exclusive rights to offer, sell and distribute the HIV Product in each country in the Territory into non-exclusive rights in any of the following events:
Loss of Exclusivity. (i) Distributor shall not import or sell a drug-eluting stent product for coronary use from another manufacturer or supplier in the Territory. In the event Supplier provides a DES for peripheral use to Distributor, then Distributor shall not import or sell a drug-eluting stent product for peripheral use from another manufacturer or supplier in the Territory. In the event Distributor imports or sells a drug-eluting stent product for coronary use or peripheral use, if applicable, from another manufacturer or supplier in the Territory, then, notwithstanding Section 2(a), Supplier shall have the right, in its sole discretion and in addition to any other remedies available to Supplier, to convert this Agreement with respect to DES to co-exclusive in the Territory (i.e., Supplier could sell in the Territory directly, or through one other distributor) by written notice to Distributor.
Loss of Exclusivity. (1)In the event of a Loss of Exclusivity with respect to a particular Milestone Product (each, an “XXX Milestone Product”) in a particular country in which such XXX Milestone Product is marketed or sold (such country, an “XXX Country”), any Initial Sales-Based Payment and/or Sales-Based Payment allocable to such XXX Milestone Product (and only such XXX Milestone Product) sold in such XXX Country (and only such XXX Country) shall be reduced by Fifty Percent (50%) of the amounts otherwise payable under Section 3.2(b)(i) and Section 3.2(b)(ii), effective as of the first date of the month following the date of such Loss of Exclusivity for such XXX Milestone Product in such XXX Country. For the avoidance of doubt, with respect to any instance of Loss of Exclusivity for a particular XXX Milestone Product in a particular XXX Country, there shall be no reduction in any Initial Sales-Based Payments and/or Sales-Based Payments for any other Milestone Products in such XXX Country nor shall there be any reduction in any Initial Sales-Based Payments and/or Sales-Based Payments for such XXX Milestone Product in any country other than the applicable XXX Country.
Loss of Exclusivity. In the event any federal agency exercises march-in-rights as to any Licensed Product contemplated hereunder, Alcon shall be afforded most favored licensee status with respect to any licenses granted in the exercise of such march-in-rights, and shall be entitled to adopt the terms of any such license deemed by Alcon to be more favorable to Alcon, and/or any lower royalty rates; provided, however, that such march-in by any federal agency was not enabled by Alcon's failure to achieve practical application of a Licensed Product as defined in 35 U.S.C.
Loss of Exclusivity. The exclusive licenses granted by Codexis to Merck in the Merck Exclusive Field pursuant to Sections 3.2.1, 3.2.2 and 3.2.3 shall become non-exclusive, on a Therapeutic-by-Therapeutic and country-by-country basis, on the first date that both (i) [***], and (ii) [***].
