Territorial Exclusivity Sample Clauses

Territorial Exclusivity. Subject to the terms and conditions of this Agreement, PECB hereby designates and appoints Reseller as its non-exclusive Reseller in the Territory to (i) organize and provide the Training Services (including the sale of the Training Materials to End Users), and (ii) promote the Certification Services to End Users, and Reseller hereby accepts such appointment. The rights granted hereunder are subject to the exclusive rights which may be granted to PECB-certified resellers in the Territory, which exclusive rights will be confirmed in writing by PECB to Reseller from time to time.
Sample 1
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Territorial Exclusivity. DSKX acknowledges the Territorial exclusivity granted under this Agreement and will use its best efforts to ensure that it will ·sell Products to no other entity for delivery to or sale in the Territory. Notwithstanding the foregoing, DSKX shall have no responsibility for sales of Products in the Territory made by any entity other than DSKX who has not received specific authority to make such sales from DSKX. On presentation of sufficient documentation (serial numbers and name or address of facility where such Products have been installed or delivered) that Products have been sold in the Territory by an entity other than Distributor, DSKX shall use its best efforts to prevent further breaches of the Territorial exclusivity granted herein.
Sample 1
Territorial Exclusivity. Licensor grants the exclusive right to use the Scores Trademarks, sell Merchandise and market and promote the Scores Trademarks solely within the City of New York, the Counties of Westchester and Nassau and the State of New Jersey. Licensor shall not grant the right to use the Scores Trademarks, sell Merchandise and market and promote the Scores Trademarks to any other party within the City of New York, the Counties of Westchester and Nassau and the State of New Jersey. In the event that the Licensee desires a license to use the Scores Trademarks for another location or locations within the aforementioned geographical areas, the Licensee shall, subject to Licensor’s approval, enter into an agreement with Licensor containing terms and conditions substantially similar to the terms and conditions of this Agreement, except that royalties shall be subject to good faith negotiation.
Sample 1
Territorial Exclusivity. 3 1.6 COMPETITION WITH OTHER XXXXXXX RESTAURANTS INCLUDING "COZY AND "CHILI'S" RESTAURANTS..................4 1.7 AGREEMENT NOT A FRANCHISE..................................4 1.8 DEVELOPER'S POST-TERM PROTECTED RADIUS.....................4
Sample 1
Territorial Exclusivity. Subject to Developer's compliance with the terms and conditions of this Agreement and any Franchise Agreement and except as otherwise provided in this Agreement, Xxxxxxx shall not establish, nor license anyone other than Developer to establish, an On The Border Restaurant under the On The Border System in the Territory during the term of this Agreement. Notwithstanding the foregoing, Xxxxxxx, any franchisee of Xxxxxxx and any other authorized person or entity may, at any time, advertise or promote the On The Border System and fulfill customer orders (other than in restaurant patron's orders) in the Territory. Xxxxxxx reserves the right to establish restaurants (other than On The Border Restaurants) in the Territory whether directly or through one or more franchisees. Xxxxxxx may also offer and sell to the public or authorize any person or entity to offer and sell products and services (but not placement of an On The Border Restaurant) in the Territory to the public or on a wholesale or retail basis, which may be the same or similar to those offered by the On The Border Restaurants, under the On The Border Marks (e.g., prepackaged food items, salsa, xxxxxxxxx mix, chips, T-shirts and other On The Border memorabilia or food products) or under other names and marks.
Sample 1
Territorial Exclusivity. During the term of this Agreement, the Licensor shall not authorize, allow or permit any other person, including the Licensor, to market the Software or to represent it anywhere in the Territory. The Licensor retains the right to market the Software to any person and for any use outside of the Territory.
Sample 1
Territorial Exclusivity. (a) During the Agreement Term, VENDOR agrees to sell the Products to OLYMPUS and OLYMPUS shall purchase the Products from VENDOR (if OLYMPUS submits a purchase order therefor) in accordance with and subject to the terms and conditions of this Agreement. OLYMPUS shall be the exclusive distributor of the Products within North America and Hawaii and the non-exclusive distributor of the Products in all other areas of the Territory. VENDOR and VENDOR's Affiliates shall not sell the Products, or CMV reagents based on similar agglutination technology, directly or indirectly, or otherwise provide the Products to any other entity for purposes of resale within North America and Hawaii. During the Agreement Term, if VENDOR or a VENDOR Affiliate sells a Product within North America and Hawaii directly or through a third party, OLYMPUS shall receive from VENDOR a profit passover equal to the product of (a) the difference between (i) the then-current Product price charged to OLYMPUS by VENDOR and (ii) the then-current average sales price of such Product charged by OLYMPUS to its customers, and (b) the number of units of such Product so sold within North America and Hawaii by VENDOR, VENDOR's Affiliate or a third party. Prior to conducting any marketing efforts or completing any sales in any area of the Territory other than in North America and Hawaii, OLYMPUS shall notify VENDOR in writing of its intent to begin such marketing efforts outside of North America and Hawaii. In the event VENDOR appoints an exclusive distributor of the Products in an area of the Territory other than North America and Hawaii, OLYMPUS may no longer distribute the Products in such area of the Territory, but OLYMPUS shall maintain its exclusivity in North America and Hawaii. VENDOR shall give OLYMPUS 30 days' written notice prior to appointing any such exclusive distributor in an area of the Territory other than North America and Hawaii. Notwithstanding anything contained herein to the contrary, in the event the Agreement Term is not extended in accordance with Section 7.1, then, for the final 90 days of the Agreement Term, (i) OLYMPUS's distribution rights in North America and Hawaii hereunder shall become non-exclusive, (ii) OLYMPUS shall be entitled to purchase CMV reagents under OLYMPUS's name (but not sell such CMV reagents) without any liability whatsoever, and (iii) VENDOR shall have the right to market, but not sell, the Products in North America and Hawaii.
Sample 1
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Related to Territorial Exclusivity

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Territorial Extension At the time of signature of this Agreement, or at any time thereafter, the provisions of this Agreement may be extended to such territories for whose international relations the Government of the United Kingdom are responsible as may be agreed between the Contracting Parties in an Exchange of Notes.

  • No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.

  • Territorial application As regards the Kingdom of the Netherlands, the present Agreement shall apply to the part of the Kingdom in Europe, to the Netherlands Antilles and to Aruba, unless the notification provided for in Article 14, paragraph (1) provides otherwise.

  • Limited Exclusivity The Sub-Adviser agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as "Environmentally Qualified" or otherwise "Socially Responsible" within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Adviser are not exclusive, and that nothing in this Agreement shall prevent the Sub-Adviser from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Company (whether or not their investment objectives and policies are similar to those of the Funds) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Adviser's ability to meet its obligations to the Funds hereunder. When the Sub-Adviser recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Adviser recommends the purchase or sale of the same security for the Funds, it is understood that in light of its fiduciary duty to the Funds, such transactions will be executed on a basis that is fair and equitable to the Funds. In connection with purchases or sales of portfolio securities for the account of the Funds, neither the Sub-Adviser nor any of its directors, officers or employees shall act as a principal or agent or receive any commission. If the Sub-Adviser provides any advice to its clients concerning the shares of the Funds, the Sub-Adviser shall act solely as investment counsel for such clients and not in any way on behalf of the Company or the Funds. The Sub-Adviser provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Adviser with respect to the Funds. Nothing in this Agreement shall impose upon the Sub-Adviser any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Funds, any security which the Sub-Adviser, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.

  • Territorial scope 1. Unless otherwise provided in this Agreement or in Union law made applicable by this Agreement, any reference in this Agreement to the United Kingdom or its territory shall be understood as referring to:

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Royalty Term On a country-by-country and Licensed Product-by-Licensed Product basis, royalty payments in the Territory shall commence upon the first commercial sale of such Licensed Product, whether such sale is to a Public Purchaser, Governmental Authority or private entity or person and whether such sale is made under an EUA or Key Approval, in such country in the Territory and will terminate upon the later of: (a) the expiration, invalidation or abandonment date of the last Valid Claim of the Patents in the country of sale or manufacture of such Licensed Product in the Territory or (b) expiration of regulatory exclusivity of such Licensed Product in such country of sale in the Territory (the “Royalty Term”).

  • Territory 43.1 This Agreement applies to the territory in which Verizon operates as an Incumbent Local Exchange Carrier in the Commonwealth of Pennsylvania. Verizon shall be obligated to provide Services under this Agreement only within this territory.

  • Nonexclusivity This Agreement is not exclusive; accordingly, NASA may enter into similar agreements for the same or similar purpose with other private or public entities.

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