Mutual Exclusivity Clause Samples

Mutual Exclusivity. Each of the terms defined in Sections 2.1 through 2.13 (excluding Section 2.7) 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. Florida Hospital shall not directly or indirectly support, finance, sponsor, promote or engage with any other public educational institution serving any grade of kindergarten through twelfth grade in Volusia County not otherwise specified in this Agreement, including, but not limited to, fundraising, educational programs or athletic events/activity. This exclusivity shall not apply to any commitment made by Florida Hospital prior to the execution of this Agreement or continuation of said commitment in the future.

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. 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 MR 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 MR’s Affiliates, subdistributors, or subcontractors shall be deemed a material breach of this Section by KCI MR.

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. From the date of this Agreement until the Closing or the Termination of this Agreement in accordance with Sections 2 and 5.10, both Parties, Founder and Investor, will not (and will not permit its respective Affiliates or any of its Affiliates’ representatives to) directly or indirectly: (a) solicit, initiate, or encourage the submission of any proposal or offer from any Person relating to, or enter into or consummate any transaction relating to, the founding of the Company or the acquisition of the Business or any similar transaction or alternative to the contemplated transactions hereunder or (b) participate in any discussions or negotiations regarding, furnish any information with respect to, assist or participate in, or facilitate in any other manner any effort or attempt by any Person to do or seek any of the foregoing, except as may be required under the laws of Switzerland.

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.