Common use of Mutual Exclusivity Clause in Contracts

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