Product Distribution. Subject to the terms, conditions and limitations of this Agreement, the products sold under this Agreement shall be distributed in accordance with this section.
Product Distribution. 1. Subject to the terms and conditions of this Agreement, SurgiVision hereby appoints Brainlab, and Brainlab hereby accepts appointment, during the Term, as a non-exclusive distributor of, and an authorized provider of maintenance and support for, Products in the Territory in the MR Guided Stereotactic Placement Field of Use, except for those sites identified in Appendix B (with respect to which SurgiVision retains all rights). Notwithstanding the non-exclusive nature of this appointment, for any ClearPoint Customer Accounts created through Brainlab’s sales activities (i.e., the customer site purchased the reusable components through Brainlab), Brainlab shall, during the Term, be the exclusive provider of Products in the MR Guided Stereotactic Placement Field of Use.
Product Distribution. A. Distributor shall at all times use its commercially reasonable efforts to market, promote and expand the sale of Products via the Channel in the Territory.
Product Distribution. Licensee acknowledges the marketing techniques and retailing standards of Licensor and agrees to maintain these standards to protect the value of the Trademarks and the image of the Licensed Items. Licensee shall maintain the same or higher standards for the selection of retail, wholesale and other outlets as those maintained by Licensor, namely those stores that are commonly referred to in the market as "up-market" stores. In the event of any question regarding the type of store or stores to which this requirement applies, Licensee shall first request Licensor's approval of a proposed store or stores and the final decision regarding same shall be determined by Licensor. Licensee acknowledges that Licensor may change such standards from time to time during the term of this Agreement and that the changed standards shall apply to Licensee after reasonable notice thereof. Such changed standards shall not apply to stores in which the Licensed Items are already being sold or which Licensor has previously approved without been given a reasonable time frame to execute the change. Licensor shall have the right, at any time, and from time to time, to disapprove of the sale of Licensee's Licensed Items to particular wholesale and/or retail outlets that were previously acceptable, including the right to disapprove of outlets that were previously acceptable. Unless prior written approval is obtained from Licensor, Licensee is specifically prohibited from the sale and distribution of the Licensed Items through (i) any disapproved outlets, and (ii) any factory outlet stores, warehouse sales, parking lot sales, swap meets, flea markets and similar sale or disposal techniques. Licensee's failure to comply with the requirements of this Article S.P. 14 shall constitute a material breach of this License Agreement and Licensor may, at its sole option, terminate Licensee's rights under this Agreement for failure to adhere to these retailing and marketing standards and/or obtain specific performance to enjoin any such actions or threatened actions by Licensee. Licensor's determination as to whether a retail outlet satisfies the criteria of this Article S.P. 14 shall be final and binding as between Licensee and Licensor.
Product Distribution. 4.1 Orders will only be shipped from the Distributor to Ship-To Customers.
Product Distribution. 5.0.1 Will maintain (and require its subcontractors to maintain) commercially reasonable quality control standards and record keeping practices, including procedures for the storage, handling and transportation of PRODUCT. • X
Product Distribution. 3.3.1 Distributor will use commercially reasonable efforts to promote and to distribute the Product in the Territory, in accordance with the standards and procedures set forth in Exhibit A. Such efforts will include:
Product Distribution. MS agrees that between the time Company is notified the OEM Customer has signed the CLA and the date MS countersigns:
Product Distribution. To the extent Corcept provides Optime with Product inventory under this Agreement, the following shall apply:
Product Distribution. Licensee agrees to maintain Licensor's -------------------- marketing and retailing standards to protect the value of the Trademarks and the image of the Licensed October 27,1994
