Mutual Exclusivity Clause Samples

Mutual Exclusivity. Each of the terms defined in Sections 2.1 through 2.10 (excluding Section 2.4) shall be mutually exclusive, and none of the real or personal property of the Company or any Restricted Subsidiary shall be considered to be in more than one of the foregoing categories at the same time.

Mutual Exclusivity. In connection with "exclusive" Products (including those identified on Exhibit A and others deemed exclusive under section 3.2) and solely during the term of this Agreement: (a) Rockford will not sell (or license others to sell) products that compete with the exclusive Products; and (b) Neither Path nor any affiliate of Path will sell (or license others to sell) products that compete with the exclusive Products. The parties may agree that a Product is exclusive only in part of the world, in which case the restrictions in (a) and (b) will apply only in the part of the world where the product is exclusive.

Mutual Exclusivity. During the period from the Execution Date until the Closing or the earlier termination of this Agreement pursuant to Article XI hereof, none of the Parties, nor any of their respective Representatives (including without limitation their investment bankers, attorneys and accountants), shall take or permit any other Person on its behalf to take, directly or indirectly, any action to encourage, initiate or engage in discussions or negotiations with, or provide any information to, any Person (other than the other Parties or their respective Representatives) concerning any purchase of the Company Shares, any merger, acquisition, consolidation, recapitalization, liquidation, or dissolution involving the applicable Parties, any sale of all or substantially all of the assets of such Party or similar transaction involving the Parties (other than assets sold in the ordinary course of business) (each such transaction being referred to herein as a “Proposed Acquisition Transaction”). The Parties shall, and shall cause their respective Representatives to, terminate any and all negotiations or discussions with any third party regarding any proposal concerning any Proposed Acquisition Transaction. Each of the Parties hereby represents that it is not now engaged in discussions or negotiations with any Person other than the other Parties or their respective Affiliates with respect to any Proposed Acquisitions Transaction. Each of the Parties agree not to release any third party from, or waive any provision of, any confidentiality or stand-still agreement to which they (or any of them) are party.

Mutual Exclusivity. Vemics hereby grants EP Global the exclusive right to sell its products and services globally specifically and limited to the Special Needs Market as defined herein. EP Global hereby agrees that it will provide electronic, interne based visual communications system solution for delivery of educational/training content in the areas to People with Disabilities and People with Special Medical Needs, as defined herein, exclusively utilizing the Vemics System.

Mutual Exclusivity. Each party agrees that they will not during the term of this Agreement, engage or approach other third parties with a purpose of licensing, distributing or providing the same or similar type of Patented Technology, in connection with the Product and Services, other than under the provisions of this Agreement.

Mutual Exclusivity. Except if otherwise permitted by the unanimous consent of the JSC, during the Term, neither Party shall, and shall procure that its Affiliates shall not, itself or with or on behalf of a Third Party, Develop, have Developed, Manufacture, have Manufactured, Commercialize, have Commercialized or otherwise Exploit or have Exploited any [***] in the Field within the Territory, except that each Party may continue any existing agreement with a Third Party for non-clinical research within the Field with academic institutions and consortia. For avoidance of doubt, the foregoing exclusivity obligation shall not apply to (a) [***]; (b) [***]; (c) [***]; or (d) [***].

Mutual Exclusivity. As part of the consideration for the grant of exclusive marketing, sales and distribution rights as set forth in Section 2.1, during the Term, KCI US shall not market, sell or distribute, either directly or indirectly, any equipment, software, system or consumable product that competes, within the Field, anywhere in the Territory with any of the Products, nor market, sell or distribute, either directly or indirectly, any consumable products for use with the Device other than the Procedure Kits. Any breach of this Section by any of KCI US’s Affiliates, subdistributors, or subcontractors shall be deemed a material breach of this Section by KCI US.

Mutual Exclusivity. ‌ It is understood that the Clauses 16:01 and 16:02 are mutually exclusive, i.e. that the “8 in 6 Clause” only applies in the City of Origin and not on tour and the “11 in 9 Clause” only applies on tour and not in the city or origin.

Mutual Exclusivity. Licensee acknowledges that Licensor will provide ------------------ substantial design input with respect to the Licensed Products, and it is and will be impossible to determine which design features of the Licensed Products are not the result of Licensor's efforts. Licensee therefore agrees that, during the term of this Agreement, Licensee shall not market or manufacture other products unless a reasonable person would conclude that such other products represent a distinctly different line and brand of products from the Licensed Products. Licensee agrees that all existing and future designs and artwork relating to the Licensed Products are and shall remain the sole and exclusive property of Licensor. Licensee agrees that it will not manufacture or sell products using the designs or artwork of the Licensed Products or substantially similar designs or artwork under any other name or label other than the Trademarks.