Right to Sell Products Sample Clauses

Right to Sell Products. During the term of this Agreement, REPRESENTATIVE shall have the right to sell COMPANY Products. Unless otherwise specified in writing, all Product sales are to be processed through COMPANY.
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Right to Sell Products. The Company shall purchase the Product from BOATRACS and BOATRACS hereby grants to the Company the exclusive right with the Territory to resell the Product to End Users subject to the terms of the CANCOM Agreement. Such exclusivity shall not include Weston Foods and the Federal Department of Fisheries and Oceans (one BC-based vessel) who are presently Satlink clients. The purchase price paid by the Company for the Product shall be the most recent Canadian distributor prices published by BOATRACS from time to time. The initial distributor prices for the Product are set forth on Attachment C to this Agreement, such prices being subject to change from time to time without notice from BOATRACS. The Company shall determine the prices of the Product to be sold by the Company to End Users. The Company shall not be entitled to receive any form of commission from BOATRACS arising from such resale of Product to End Users. BOATRACS reserves the right to change the price and sales conditions at any time upon notice to the Company. The purchase price for units of the Product ordered by the Company shall be payable in full in cash within 15 days from the date of shipment. Units of the Product ordered by the Company shall be shipped FOB point of shipment. The Company acknowledges that the risk of loss or damage to the units of Product shall shift to the Company upon delivery by BOATRACS or CANCOM of the units of Product to the carrier. Such carrier shall be deemed to be the agent of the Company and not BOATRACS or CANCOM. The Company acknowledges that neither BOATRACS nor CANCOM shall be responsible for loss or damage to the Product during transit and that it is the Company's responsibility to obtain insurance coverage against loss or damage to the Product during transit.
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Right to Sell Products. You warrant that You have, and will convey to Xxxxxxx, good and clear title to the Products and Spare Parts free of liens and encumbrances and otherwise in accordance with this Agreement. Without limiting the generality of the foregoing, In addition, each Product sold to Xxxxxxx hereunder will free from liability of royalties, mechanics' liens or other encumbrances. You further warrant that no law, rule or ordinance of the United States, a state or any other governmental agency has been or will be violated in supplying the Products or Spare Parts ordered under this Agreement. Without limiting the generality of the foregoing, You warrant that You have fully complied with any disclosure or certification required by any such law, rule or ordinance in connection with such supply. Xxxxxxx shall have the right upon reasonable request and advance written notice to You, not more than once annually, to audit itself, or to have an independent third party auditor agreed to by both Xxxxxxx and You audit, Your compliance with applicable laws, rules and ordinances to the extent necessary to verify Your compliance with this Section 17. In addition, no third party agreement in effect at the time of manufacture or sale of a particular Product or Spare Part will be violated in supplying it in accordance with this Agreement. On the date when each Product or Spare Part is shipped pursuant hereto, You shall not be aware of any infringement or claim of infringement of intellectual property rights naming any of the Products sold hereunder.
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Right to Sell Products. This Agreement will not be construed in any way to restrict Licensee’s right to sell any product, except and to the extent it is sold under the Licensed Marks or Licensed Corporate Name.
Sample 1

Related to Right to Sell Products

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Discontinued Products If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.

  • Recycled Products The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Combination Products If a LICENSED PRODUCT , DISCOVERY PRODUCT and/or THERAPEUTIC PROUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

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