The Products. Company and TBG have created certain designs and patterns from which Manufacturer will create three-dimensional samples. Company shall advise Manufacturer if the samples meet Company’s quality requirements within fifteen (15) days of receipt. Manufacturer shall make any modifications to the samples as required by Company. Samples accepted by Company shall be designated as prototypes for the purposes of this Agreement.
The Products. The Products issued by CUNA Mutual are described on the Schedule. The attached Schedule may be amended from time-to-time by CUNA Mutual. Prior versions of Products are included for servicing under this Agreement for prior customers by Representatives who are now appointed as agents of CUNA Mutual through General Agent under this Agreement. Any customer records and files relating to prior versions of the Products shall be retained by the appropriate Representatives or by General Agent or Broker-Dealer and shall be subject to the confidentiality provisions of Section 5 and record maintenance provisions of Subsection 3.15 of this Agreement. Upon issuance of the Products pursuant to this Agreement, CUNA Mutual will transmit Products to General Agent or Broker-Dealer for delivery to policyholders according to procedures set up by CUNA Mutual, unless CUNA Mutual has provided otherwise. CUNA Mutual, in its sole discretion and without notice to Broker-Dealer, may suspend sales of any of the Products or may amend the Products if, in CUNA Mutual's opinion, such suspension or amendment is: (a) necessary for compliance with federal, state, or local laws, regulations, or administrative orders; or (b) necessary to prevent administrative or financial hardship to CUNA Mutual. In all other situations, CUNA Mutual shall provide reasonable notice, as practicable, to Broker-Dealer prior to suspending sales of any of the Products or amending the Products.
The Products. The Products shall be promoted by Alamo under trademarks owned by or licensed to Clients and are Products which Clients have all lawful authority necessary to market and sell the Products in all geographic areas where the Products are to be promoted under this PA. This Agreement does not constitute a grant to Alamo of any property right or interest in the Products or the trademarks owned by or licensed to Clients. Alamo recognizes the validity of and the title of Clients to all their respectively owned or licensed trademarks, trade names and trade dress in any country in connection with the Products, whether registered or not. Clients represent to Alamo that neither those trademarks, trade names and trade dress nor the promotion of the Products by Alamo infringes on any intellectual property right of any other person or entity.
The Products. Notwithstanding the foregoing, Marketing Expenses shall not include any costs or expenses incurred prior to the Execution Date, and shall include (i) Eyetech's Out-of-Pocket Costs and direct and identifiable variable personnel costs incurred pursuant to Section 6.13 and amounts paid by Eyetech to Pfizer pursuant to the Distribution Agreement and (ii) filing or other user fees or maintenance fees paid to the FDA in order for Eyetech or Pfizer, as the case may be, to obtain or maintain regulatory approval for the Products. All other Out-of-Pocket Costs incurred in the Co-Promotion of the Products in the US Territory, but not specifically identified above, but which have been approved by the CSC or provided for in the Marketing Plan, shall be accounted for and deemed Marketing Expenses for all purposes of this Agreement.
The Products. Subject to the terms and conditions herein set forth, ------------ Seller agrees to sell, and Buyer agrees to purchase and accept its requirements for the Products. The Products and the specifications for the Products (the "Product Specifications") are more fully ---------------------- described in Exhibit A attached hereto and made a part hereof. Buyer agrees that it is purchasing the Products solely for its own use in its own facilities and that it will not resell the Products to any third party.