PRE-EXISTING COMMITMENTS Clause Samples
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PRE-EXISTING COMMITMENTS. 6.1. Company and Bottler acknowledge that the sale by Company or its Affiliates of certain Covered Beverages or Related Products to certain customers or distributors in the Territory may be required under pre-existing commitments with such customers or distributors.
6.1.1. The pre-existing commitments, if any, applicable to the Territory are identified on Schedule 6.
6.1.2. Company or its Affiliates may continue to distribute and sell Covered Beverages and Related Products in the Territory until the expiration of the applicable pre-existing commitment, but neither Company nor any of its Affiliates will exercise any voluntary rights to extend or renew the term of any such pre-existing commitment.
6.1.3. If a pre-existing commitment provides for automatic renewal, Company will use good faith efforts to provide a notice of termination rather than allow the pre-existing commitment to automatically renew, if Company may do so without breaching the pre-existing commitment or incurring any penalties.
PRE-EXISTING COMMITMENTS. The exclusivity of the foregoing licenses shall not apply to any Third Party Included Technology sublicensed by TiVoII to Company hereunder and shall be subject to the Pre-Existing Commitments (and any renewals or extensions thereof, both automatic or mutually agreed so long as such mutual agreement does not result in a material expansion of the scope of commitment and/or license granted under the current agreement). Additionally, for any IP Rights licensed by TiVoII to Company hereunder that TiVoII or TiVo owns jointly with third parties, the exclusivity of such licenses shall apply only to TiVoII’s (or TiVo’s) joint ownership interest in and to such IP Rights and not the joint ownership interests of third parties with respect to such IP Rights. TiVoII (or TiVo on its behalf) shall use commercially reasonable efforts to identify, in writing, any such jointly owned IP Rights at the time such IP Rights (or tangible embodiments thereof) are disclosed to Company. In the event Company inquires in writing whether certain Licensed Technology or TiVo Improvements are jointly owned by TiVoII or TiVo with a third party, TiVoII (or TiVo on its behalf) shall use diligent efforts to answer such inquiry. [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.