Product Exclusivity. (i) For the duration of the Term, OraSure and its Affiliates shall not, directly or indirectly, enter into any arrangement in the Territory to co-promote, market, Detail or sell the Product in the Field in the Territory (“OraSure Exclusivity” and, collectively, with the Database Exclusivity, sometimes referred to herein as the “Exclusivity”). Notwithstanding the foregoing, the OraSure Exclusivity does not prohibit or restrict OraSure from (A) promoting, marketing, Detailing or selling the Product directly or through or with any distributor, subcontractor, agent, sales representative or other Third Party that is not an AbbVie Competitor, (B) engaging in or undergoing a Change of Control, or (C) entering into any arrangement to sell Product to Persons that are provided grants or other funding, directly or indirectly, by an AbbVie Competitor.
Product Exclusivity. (a) Prior to directly or indirectly selling or distributing to customers in the Territory any product (other than a Product) developed by Xxxxxxx or manufactured by or on behalf of Xxxxxxx, Xxxxxxx shall notify Xxxxxx'x President regarding Xxxxxxx' intent with respect to such product. Baxter shall have the right, but not the obligation, to add such product to Schedule C and this Agreement, and if so added, such product shall be deemed to be one of the Products. Xxxxxxx may delete from Schedule C and this Agreement any Product, the manufacture and sale of which has been generally discontinued by Xxxxxxx. On or before November 30 of each Contract Year, Xxxxxxx shall provide to Baxter an updated version of Schedule C including any Product additions or deletions expected to occur in the subsequent Contract Year. In addition, Xxxxxxx shall notify Baxter at least 90 days prior to generally discontinuing the manufacture and sale of any Product.
Product Exclusivity. (a) TiVo Stand-alone Boxes. From [*] until [*], Philips shall have the exclusive right, even as to TiVo, to market and sell TiVo Stand-alone Boxes in the Territory. Notwithstanding the foregoing, unless TiVo otherwise allows, in the event that, prior to [*], Philips releases a Stand-alone Personal TV System Box with a third party, with which it has an existing business relationship, which is a Competitive Device for sale to end-users within the Territory, TiVo shall have the right to market and sell Stand-alone Personal TV System Boxes [*] third parties; [*]. Prior to [*], Philips shall not release such a Personal TV System Box which is a Competitive Device with a third party with which it does not have an existing business relationship. Notwithstanding the provisions of this Section 3.2.a, TiVo shall have the right to manufacture, have manufactured, market, distribute and sell third-party branded TiVo Stand- alone Boxes with [*]. Unless sales of Philips-branded TiVo Stand-alone Boxes are less than [*] units in the month immediately preceding the date on which Philips' TiVo Stand- alone Box exclusivity expires or terminates (including pursuant to this Section), TiVo shall not manufacture, have manufactured, market, distribute and sell a TiVo-branded Personal TV System Box sooner than [*] after the date on which such exclusivity expires or terminates. TiVo may manufacture, have manufactured, market, distribute and sell a TiVo-branded Personal TV System Box after [*].
Product Exclusivity. During the Initial Term of this Agreement, SLG shall have exclusive rights to the Product in the Territories and Channels listed above. Modec will provide to SLG information and access to all Improvements during the term of the Agreement. SLG will continue to maintain its exclusivity after the Initial Term, as long as it purchases or has issued unfilled purchase orders for immediate delivery, for a minimum of 20,000 gallons of Product on an annual basis. The annual period is accounted for on December 31 of each year for the preceding 12 months. However, notwithstanding the foregoing, the first measurement period, deemed to be an annual period, begins on January 1, 2006 and ends on December 31, 2007. Alternatively, if the minimum purchase is not met SLG may, in its sole discretion, issue a purchase order by December 31 to reach the minimum and retain SLG's exclusivity. The delivery and payment would be due on January 31st, or as otherwise mutually agreed to by the parties. For example if SLG did not purchase 20,000 gallons of Product for the period ended December 31, 2007, SLG may issue a purchase order to reach the minimum with delivery and payment due by January 31, 2008 to maintain its exclusivity for the year ended December 31, 2008.
Product Exclusivity. For a period of six months after QVC sells (i) any Products as a “Today’s Special Value” product, as a “Grand Collection” on the QVC television program, or (ii) any “value-priced, open stock product pairings,” Company will not sell the same Products by any means or media.
Product Exclusivity. Baxter shall: (a) add Products to Exhibits A and B which are new products (including all modifications of, improvements of, substitutes for, and line extensions of the Products) developed or acquired by Baxter that are of the same type and have similar distribution characteristics as the Products set forth in Exhibits A and B as of the effective date of this Agreement; and (b) delete from Exhibits A and B and this Agreement any Product, the manufacture and sale of which has been generally discontinued by Baxter. Exhibits A and B shall be deemed to be amended to reflect any such Product additions and deletions without any further act by any party hereto. Notwithstanding clause (a) above, Baxter shall have the right, but not the obligation, to add newly developed or acquired products to Exhibits A and B pursuant to clause (a) above if such products are part of a new product line or a new line of business, subject to agreement by Allegiance. Baxter shall use commercially reasonable efforts to provide at least 30 days prior written notice to Allegiance of each such addition or deletion. Exhibits A and B, as amended and supplemented from time to time, are incorporated by reference herein and form part of this Agreement.
Product Exclusivity. (i) SAGC hereby grants to Pepsi-Cola the exclusive right to have its beverage products and beverage syrups as the only non-alcoholic beverage products and beverage syrups available through fountain dispensers, bottle and cans or vending machines for consumption, advertised, displayed, represented or promoted in, at or in connection with the SportPark (including without limitation, print broadcast, direct mail, coupons, handbills, displays and signage) at all events in the SportPark. Specialty tenants at the SportPark will be allowed to serve products manufactured by such tenants, e.g. Starbucks Cappuccino, however if such locations choose to serve products other than those manufactured by them, such products must be products as defined below. SAGC will review with Pepsi-Cola such tenants as they become available.
Product Exclusivity. During the Term, Anacor shall not, directly or indirectly, (a) license, assign or otherwise dispose of any of its rights in the Product, any other formulation of tavaborole, or the Anacor Technology specifically related to the Product that exists and is provided to Sandoz under this Agreement as of the Effective Date to any Third Party, or (b) develop or commercialize the Product, or any other formulation of tavaborole, in each case (a) and (b) outside the Field for use in humans in the Territory.
Product Exclusivity. Sumitomo confirms that within the Market Area where -------------------- PixTech grants Sumitomo exclusive rights to sell its FED Products, the Electronics and Aerospace Division of Sumitomo, or any successor thereof, shall not distribute FED products manufactured by or purchased from any Person other than PixTech, including PixTech IPs.
Product Exclusivity. Distributor shall not distribute, import, promote, market or sell any third-party product in either the Territory which, in the opinion of Company (acting reasonably and in good faith), is or could reasonably be expected to be competitive with any product of Company covered by this Agreement. Distributor hereby agrees that, within thirty (30) days following its receipt of any notice from Company that Distributor is in violation of the foregoing covenant, Distributor shall cease all distribution, promotion, marketing and sales of the third-party product(s) forming the basis of Distributor’s notice. Distributor’s failure to cease such activities in accordance with Company’s notice shall entitle Company to terminate this Agreement immediately upon written notice to Distributor.
