Real-Time Instruments Sample Clauses
The Real-Time Instruments clause defines the requirements and standards for any instruments or devices that provide immediate or near-instantaneous data or measurements during a process or operation. Typically, this clause specifies the types of instruments to be used, their calibration and maintenance schedules, and the protocols for data collection and reporting. For example, it may require the use of real-time monitoring sensors in a manufacturing line to track temperature or pressure. The core function of this clause is to ensure accurate, timely data collection, which supports operational efficiency, safety, and compliance with regulatory or contractual standards.
Real-Time Instruments. (i) Except for the restrictions under the ▇▇▇▇▇▇ Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall be permitted to sell Real-Time Instruments, including instruments registered with a regulatory authority, to any end user for any purpose; and
(ii) Except for the ▇▇▇▇▇▇ Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall not OEM Real-Time Instruments to any OEM Customer for use in the HIVD Field unless such OEM Customer has obtained a license to the relevant Licensed IP for real-time technology in the HIVD Field; provided, however, that any such OEM Customer shall also agree that it shall not commercialize any Real-Time Assay on such Real-Time Instruments, unless otherwise agreed to by Applera and Celera, for a period of three (3) years following the Effective Date, subject to Section 3.9(c) hereof.
(iii) Applera shall not enter into an agreement with a third party to co-promote or co-market Real-Time Instruments to be used with Real-Time Assays, in any country or territory other than the Specified Countries for a period of three (3) years following the Effective Date, subject to Section 3.9 hereof.
Real-Time Instruments. (i) Except for the restrictions under the ▇▇▇▇▇▇ Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall be permitted to sell Real-Time Instruments, including instruments registered with a regulatory authority, to any end user for any purpose; and [***] indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission.
(ii) Except for the ▇▇▇▇▇▇ Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall not OEM Real-Time Instruments to any OEM Customer for use in the HIVD Field unless such OEM Customer has obtained a license to the relevant Licensed IP for real-time technology in the HIVD Field; provided, however, that any such OEM Customer shall also agree that it shall not commercialize any Real-Time Assay on such Real-Time Instruments, unless otherwise agreed to by Applera and Celera, for a period of three (3) years following the Effective Date, subject to Section 3.9(c) hereof.
(iii) Applera shall not enter into an agreement with a third party to co-promote or co-market Real-Time Instruments to be used with Real-Time Assays, in any country or territory other than the Specified Countries for a period of three (3) years following the Effective Date, subject to Section 3.9 hereof.