Permitted Products Sample Clauses

Permitted Products. DNA shall retain the right to continue marketing, selling and distributing the Permitted Products in the Field of Use in the same manner and to the same extent DNA marketed, sold and distributed such Permitted Products immediately prior to the Effective Date, which manner and extent DNA represents and warrants to be in the ordinary course of its business and consistent with its past practices. In the event DNA proposes to develop, market, sell or distribute any Permitted Products alone, or incorporating or embodying any improvements, enhancements, updates, new versions, increased functionality or capabilities (“New Products”) in the Field of Use, DNA hereby agrees to offer such New Products and all technology related thereto to VISTA for inclusion as part of the Licensed Technology under this License Agreement. DNA shall offer such New Products and related technology to VISTA hereunder on terms and conditions consistent with this License Agreement, but in any event no less favorable than DNA would be willing to offer such New Products and related technology to a third party. VISTA shall have the right to exercise its right of first offer hereunder within thirty (30) days following such written offer by DNA.
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Permitted Products. Vendor’s products must be grown by Vendor and not purchased from a third party distributor. Only the products listed in the opening paragraph may be sold.
Permitted Products. The term "Permitted Products" means a directly injectable liquid or solution, pill, caplet, capsule, patch, or other physical product form determined by Licensee that is derived from or incorporates the Technology and that is solely used for the therapeutic treatment of rheumatoid arthritis and other forms of arthritis, and no other diseases or medical or health related problems.
Permitted Products. 12. It is mutually understood and agreed that the store facilities and operations of Licensee hereunder may include in addition to "Dairy Queen" or "Dairy Queen/Brazier" food and beverage service the sale of various other products not identified or-designated by Company's Trademarks, including, but not limited to, motor vehicle fuel, oil and related automotive products, souvenir-type products, tobacco products, sundries, and packaged food products not intended for consumption on the premises where sold and which are not competitive with food and beverage products identified or designated by the Trademarks Call of said products collectively referred to in this Agreement as "Permitted Products"). In order to prevent public confusion, preserve and protect the Trademarks and establish the principles which shall govern Licensee's sale of Permitted Products and usage of the Trademarks, the parties agree that notwithstanding any provision of this or any other Agreement to the contrary, the following provisions shall control with regard to Permitted Products:
Permitted Products. (a) During the Term, neither Party, either on its own, through an Affiliate or in collaboration with a Third Party, shall [***] or [***] , in the Territory an [***] ; provided, however, the foregoing restriction shall not apply to any Permitted Product (defined below) of a Third Party that [***] or [***] with other [***] all or [***] of the [***] or [***] [***] % [***] the [***] of a [***] in [***] with a [***] in [***]. For purposes of this Section 6.9, a “Permitted Product” means any [***] then being developed or commercialized by [***] . In the [***] of any [***] in [***] of [***] where the [***] a [***], then [***] [***] the *** Certain information in this document has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. [***] of such [***]: [***] . Notwithstanding the above, no rights to Collaboration Technology and Licensed Technology are or may be granted or exploited in connection with the research, development or Commercialization of a Permitted Product.

Related to Permitted Products

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Manufacturing Rights Manufacturing Rights will be governed by Attachment 6.

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