Period of Exclusivity. If the development undertaken by the Proposing Party results in (i) an additional period of legal and de facto exclusivity for the Product as a whole or (ii) the issuance of a new patent for such New Indication or Line Extension developed through such development resulting in legal and de facto exclusivity for such New Indication or Line Extension, then the Proposing Party also shall be entitled to a [*] for additional development determined by the Finance Committee, which shall not be less than [*] nor more than [*] of Net Sales of the Product in Territory B attributable to the New Indication or Line Extension. [*] shall be payable in accordance with Article 4 hereof (x) after the date legal or de facto exclusivity of such Product would otherwise have ended until the date on which the legal or de facto exclusivity obtained as a result of the sole development terminates (whichever terminates first), in the case referred to in clause (i) above, and (y) during the life of the relevant patent, in the case referred to in clause (ii) above. This [*] shall not exceed [*] of Net Sales of the Product in Territory B, even if the conditions in both clauses (i) and (ii) above are satisfied, and shall not be reduced even if the Other Party exercises its right under Section 6.4 hereof to reverse its election not to participate in such development. *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
Period of Exclusivity. Except with respect to the Acquiring --------------------- Entities, during the period commencing on the date of this Agreement and ending on the earliest to occur of (a) the final Closing or (b) termination of this Agreement in accordance with Section 10.2, none of the Selling Entities shall ------------ provide, and each of the Selling Entities will cause its respective directors, officers, employees and other representatives not to provide, any information with respect to, or participate in any discussions concerning, any corporate transaction relating to a sale or transfer (directly, indirectly or by operation of law) of any or all of the Acquired Assets, any merger or corporate reorganization relating to all or any of the Acquired Assets or any other significant corporate transaction involving any of the Acquired Assets.
Period of Exclusivity. In order to establish a period of exclusivity for the Licensee, the University hereby agrees that it shall not grant any other license to make, have made, use, lease, sell and distribute the Technology, the Patent Rights, the University Improvements or the Licensed Products or to utilize Licensed Processes in the Territory for the Field of Use during the period of time commencing the Effective Date and terminating upon expiration of any patent issued on a country by country basis.
Period of Exclusivity. 16.10 Either Party may
Period of Exclusivity. The restrictions contained in Section 7 shall apply to Consultant and Xxxxx only during the Consulting Term; provided, however, that if this Agreement is terminated at the election of the Company pursuant to Section 4(c) and the Company makes payment to Consultant in accordance Section 5(b), the restrictions contained in Section 7 shall continue to apply to Consultant and Xxxxx through the fourth anniversary of the Effective Date.
Period of Exclusivity. 56 5.12 Noncompetition......................................................57 5.13
Period of Exclusivity. Either party may:
Period of Exclusivity. 1.1 In consideration of the mutual promises set out in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and if and so long as NiQuan complies with its obligations herein but subject always to clauses 3.1 and 3.3 hereof, neither the Company nor anyone acting for or on behalf of the Company shall during the period specified in clause 1.2 below (“the Exclusivity Period”):
Period of Exclusivity. The Framework Agreement provides that Xxxxxxxxx Xxxxxx shall not, without the written consent of the Company, directly or indirectly discuss, negotiate, communicate, consult, confer with, talks or sign any memorandum of understanding, letter of intent, agreement, arrangement or similar legally binding document (whether legally binding or not) with any third party other than the Company, or continue or allow any such negotiation or arrangement to continue for any period of time between the date of signing of the Framework Agreement and the date of delivering the formal agreement, if any, ninety (90) days from the date of signing of the Framework Agreement or such later date on which the parties may otherwise agree in written or otherwise, whichever is the later. LEGAL EFFECT It is stated on the Framework Agreement that the Framework Agreement will not create legally binding obligations on both parties thereto, except for terms related to the period of exclusivity, confidentiality, due diligence and other boilerplate clauses.
Period of Exclusivity. The parties shall complete the negotiation and sign formal agreement within 90 days of signature of the Framework Agreement. Otherwise, the Parties shall negotiate to settle the matter. Within the period mentioned above, the Target Company, Party B, C and D are restricted from negotiating with any third party with respect to merger and acquisition, equity financing, offer or sale of the shares under this Framework Agreement, or sign any written document, whether or not legally binding.
