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.
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.
