Common use of Non-Exclusivity and Non-Interference Clause in Contracts

Non-Exclusivity and Non-Interference. The Services herein are being offered to Company on a non-exclusive basis. Nothing herein shall be construed as granting Company any exclusive right(s) to the Service(s) referenced herein, and UCSD retains the right to offer and perform similar or identical Services for others. Further, notwithstanding any other provision contained herein, the use of UCSD facilities and/or UCSD personnel in support of this Agreement can only be authorized to the extent it will not interfere with work related to the prime missions of UCSD, (e.g., education, research, and outreach), as determined in UCSD’s sole discretion. Accordingly, UCSD shall not be responsible for any delay caused by UCSD faculty, researchers, and students having priority in the use of UCSD facilities and services, and Company’s exclusive remedy for UCSD delay or failure to perform any of its obligations hereunder because of this shall be limited to a refund of any unallocated/unexpended funds paid by Company to UCSD under this Agreement.

Non-Exclusivity and Non-Interference. The Services herein are being offered to Company on a non-exclusive basis. Nothing herein shall be construed as granting Company any exclusive right(s) to the Service(s) referenced herein, and UCSD retains the right to offer and perform similar or identical Services for others. Further, notwithstanding any other provision contained herein, the use of UCSD facilities and/or UCSD personnel in support of this Agreement can only be authorized to the extent it will not interfere with work related to the prime missions of UCSD, (e.g., education, research, and outreach), as determined in UCSD’s sole discretion. Accordingly, UCSD University shall not be responsible for any delay caused by UCSD faculty, researchers, and students having priority in the use of UCSD University facilities and services, and Company’s exclusive remedy for UCSD University’s delay or failure to perform any of its obligations hereunder because of this shall be limited to a refund of any unallocated/unexpended funds paid by Company to UCSD under this Agreement.

Non-Exclusivity and Non-Interference. The Services herein are being offered to Company on a non-exclusive basis. Nothing herein in this Agreement shall be construed as granting Company any exclusive right(s) to the Service(s) referenced herein), and UCSD retains the right to offer and perform similar or identical Services for others. Further, notwithstanding any other provision contained hereinin this Agreement, the use of UCSD facilities and/or UCSD personnel in support of this Agreement can only be authorized to the extent it will not interfere with work related to the prime missions of UCSD, UCSD (e.g., education, research, outreach, and outreachpublic service), as determined in UCSD’s sole discretion. Accordingly, UCSD shall not be responsible for any delay caused by UCSD faculty, researchers, and and/or students having priority in the use of UCSD facilities and services, and Company’s exclusive remedy for UCSD UCSD’s delay or failure to perform any of its obligations hereunder under this Agreement because of this shall be limited to a refund of any unallocated/unexpended funds paid by Company to UCSD under this Agreement.

Non-Exclusivity and Non-Interference. The Services herein are being offered to Company on a non-exclusive basis. Nothing herein in this Agreement shall be construed as granting Company any exclusive right(s) to the Service(s) referenced herein), and UCSD retains the right to offer and perform similar or identical Services for others. Further, notwithstanding any other provision contained hereinin this Agreement, the use of UCSD facilities and/or UCSD personnel in support of this Agreement can only be authorized to the extent it will not interfere with work related to the prime missions of UCSD, UCSD (e.g., education, research, outreach, and outreachpublic service), as determined in UCSD’s sole discretion. Accordingly, UCSD shall not be responsible for any delay caused by UCSD faculty, researchers, and and/or students having priority in the use of UCSD facilities and services, and Company’s exclusive remedy for UCSD delay or failure to perform any of its obligations hereunder because of this shall be limited to a refund of any unallocated/unexpended funds paid by Company to UCSD under this Agreement.