NICHE PRODUCTS Clause Samples

The 'Niche Products' clause defines and governs the handling of specialized or narrowly targeted products within an agreement. It typically outlines criteria for what constitutes a niche product, such as limited market appeal, unique features, or specialized customer bases, and may specify particular terms for their development, marketing, or distribution. By clearly distinguishing niche products from broader offerings, this clause ensures that both parties understand their obligations and expectations regarding these specialized items, thereby reducing misunderstandings and aligning business strategies.
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NICHE PRODUCTS. BBDC may elect to store and ship additional products requested by IR, including private label products and other products that BBDC does not otherwise carry, upon payment of the Niche Product fees set forth on the cover page.
NICHE PRODUCTS. BBDC may elect to store and ship additional products -------------- requested by ISP, including private label products and other products that BBDC does not otherwise carry, upon due execution and delivery by ISP and BBDC of a Niche Products Agreement in the form of Schedule 1.2. ------------
NICHE PRODUCTS. From time to time after the conclusion of the Research Program, but no more than once per Contract Year, Millennium shall have the right to submit to Astra a written proposal relating to the development of a product for a specific indication (a "Specified Indication") in the Field (excluding the following indications: [**] and any other indication in the Field with respect to which Astra is actively pursuing [**]) (a "Niche Product Development Proposal"). Notwithstanding the foregoing, Millennium may not make a Niche Product Development Proposal which involves the use of a Candidate Gene, Validated Target or Validated Protein currently under active development by Astra in the Astra Research Program or the Astra Development Program. Each Niche Product Development Proposal shall include a preliminary development plan to identify and/or develop such a product as well as a description of known linkages between the Specified Indication and any Candidate Gene, Validated Target or Validated Protein. Astra shall provide Millennium with notification, within ninety (90) days after receipt of a Niche Product Development Proposal, indicating whether or not it has a good faith interest in evaluating further the Niche Product Development Proposal (an "Astra Preliminary Notice"). If Astra indicates in the Astra Preliminary Notice that it wishes to evaluate further the Niche Product Development Proposal, Astra shall undertake such evaluation in a reasonably expeditious manner. Astra shall provide Millennium with notification as soon as possible, but in no event later Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. than nine (9) months after the date of the Astra Preliminary Notice, whether it intends to develop a product for the Specified Indication set forth in the Niche Product Development Proposal (the "Astra Final Notice"). If either (i) the Astra Preliminary Notice indicates that Astra does not wish to evaluate the opportunity to develop a product for such Specified Indication or (ii) the Astra Final Notice indicates that Astra does not wish to develop a product for such Specified Indication, or (iii) if Astra does not provide the Astra Preliminary Notice or Astra Final Notice in the requisite time periods, Millennium shall have the co-exclusive right (with Astra) to develop (either alone or in collaboration with others) a product for the Specified Indication and shall have all requisite rig...