Exclusivity Agreement Sample Contracts

Ashford Hospitality Prime, Inc. – Amended and Restated Braemar Mutual Exclusivity Agreement (August 14th, 2018)

THIS AMENDED & RESTATED BRAEMAR MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August, 2018 by and among BRAEMAR HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), BRAEMAR HOTELS & RESORTS INC., a Maryland corporation (the REIT), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Ashford Hospitality Prime, Inc. – Braemar Mutual Exclusivity Agreement (August 14th, 2018)

THIS BRAEMAR MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August 2018 by and among BRAEMAR HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), BRAEMAR HOTELS & RESORTS INC., a Maryland corporation (the REIT), and PROJECT MANAGEMENT LLC, a Maryland limited liability company (Manager).

Mutual Exclusivity Agreement (August 14th, 2018)

THIS MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August, 2018 by and among ASHFORD HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), ASHFORD HOSPITALITY TRUST, INC., a Maryland corporation (the REIT), and PROJECT MANAGEMENT LLC, a Maryland limited liability company (Manager).

Amended and Restated Mutual Exclusivity Agreement (August 14th, 2018)

THIS AMENDED & RESTATED MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August, 2018 by and among ASHFORD HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), ASHFORD HOSPITALITY TRUST, INC., a Maryland corporation (the REIT), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Ashford Inc. Amended and Restated Mutual Exclusivity Agreement (August 8th, 2018)

THIS ASHFORD INC. AMENDED AND RESTATED MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August, 2018 by and among ASHFORD HOSPITALITY ADVISORS LLC, a Delaware limited liability corporation (Ashford LLC), ASHFORD INC., a Maryland corporation (Ashford Inc.), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Mutual Exclusivity Agreement (August 8th, 2018)

THIS MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August, 2018 by and among ASHFORD HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), ASHFORD HOSPITALITY TRUST, INC., a Maryland corporation (the REIT), and PROJECT MANAGEMENT LLC, a Maryland limited liability company (Manager).

Braemar Mutual Exclusivity Agreement (August 8th, 2018)

THIS BRAEMAR MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 8th day of August 2018 by and among BRAEMAR HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), BRAEMAR HOTELS & RESORTS INC., a Maryland corporation (the REIT), and PROJECT MANAGEMENT LLC, a Maryland limited liability company (Manager).

China Wind Systems – Amendment No. 3 to Exclusivity Agreement (Which Is Made on June 20, 2018) (June 21st, 2018)

Reference is made to that Exclusivity Agreement (the "Exclusivity Agreement"), dated as of June 11, 2017, by and between Sharing Economy International Inc. (formerly known as Cleantech Solutions International, Inc.) ("SEII"), a company organized and existing under the laws of the state of Nevada, and ECrent Capital Holdings Limited ("ECrent"), a company incorporated in the British Virgin Islands, and that Amendment No.1 to Exclusivity Agreement (the "Amendment No.1"), dated as of September 11, 2017, by and between SEII and ECrent, and that Amendment No.2 to Exclusivity Agreement (the "Amendment No.2"), dated as of January 23, 2018, by and between SEII and ECrent, SEII and ECrent are hereinafter referred to as the "Parties" to this Amendment No.3 to Exclusivity Agreement (the "Amendment").

China Wind Systems – Amendment No. 2 to Exclusivity Agreement (January 24th, 2018)

Reference is made to that Exclusivity Agreement (the "Exclusivity Agreement"), dated as of June 11, 2017, by and between Sharing Economy International Inc. (formerly known as Cleantech Solutions International, Inc.) ("SEII"), a company organized and existing under the laws of the state of Nevada, and ECrent Capital Holdings Limited ("ECrent"), a company incorporated in the British Virgin Islands, and that Amendment No.1 to Exclusivity Agreement (the "Amendment No.1"), dated as of September 11, 2017, by and between SEII and ECrent. SEII and ECrent are hereinafter referred to as the "Parties" to this Amendment No.2 to Exclusivity Agreement (the "Amendment").

China Wind Systems – Exclusivity Agreement (October 12th, 2017)

This Exclusivity Agreement (the "Agreement"), dated as of 11th October 2017, is entered into by and between (i) Sharing Economy Investment Limited ("SEI"), a company incorporated in the British Virgin Islands and a wholly owned subsidiary of Cleantech Solutions International, Inc. ("Cleantech"), a company organised and existing under the laws of the state of Nevada, and (ii) 3D Discovery Co. Limited, ("3D"), a company incorporated in Hong Kong. SEI and 3D are hereinafter referred to as the "Parties" to this Agreement.

China Wind Systems – Exclusivity Agreement (October 10th, 2017)

This Exclusivity Agreement (the "Agreement"), dated as of 9th October 2017, is entered into by and between (i) Sharing Economy Investment Limited ("SEI"), a company incorporated in the British Virgin Islands and a wholly owned subsidiary of Cleantech Solutions International, Inc. ("Cleantech"), a company organised and existing under the laws of the state of Nevada, and (ii) Inspirit Studio Limited, ("Inspirit Studio"), a company incorporated in Hong Kong. SEI and Inspirit Studio are hereinafter referred to as the "Parties" to this Agreement.

China Wind Systems – Amendment No. 1 to Exclusivity Agreement (September 13th, 2017)

Reference is made to that Exclusivity Agreement (the "Exclusivity Agreement"), dated as of June 11, 2017, by and between Cleantech Solutions, International, Inc. ("Cleantech"), a company organized and existing under the laws of the state of Nevada, and ECrent Capital Holdings Limited ("ECrent"), a company incorporated in the British Virgin Islailds. Cleantech and ECrent are hereinafter referred to as the "Parties" to this amendment No.1 to Exclusivity Agreement (the "Amendment").

China Wind Systems – Exclusivity Agreement (June 15th, 2017)

This Exclusivity Agreement (the "Agreement"), dated as of June 17, 2017, is entered into by and between Cleantech Solutions International, Inc. ("Cleantech"), a company organised and existing under the laws of the state of Nevada, and ECrent Capital Holdings Limited ("ECrent"), a company incorporated in the British Virgin Islands. Cleantech and ECrent are hereinafter referred to as the "Parties" to this Agreement.

[*Designates Portions of This Document Have Been Omitted Pursuant to a Request for Confidential Treatment Filed Separately With the Commission] PURCHASE AND RIGHT OF FIRST PRODUCTION OR EXCLUSIVITY AGREEMENT Between ORGANIC BY NATURE, INC. And RICEBRAN TECHNOLOGIES (June 2nd, 2016)

This PURCHASE AND RIGHT OF FIRST PRODUCTION OR EXCLUSIVITY AGREEMENT ("Agreement") is entered into as of May 24, 2016, by and between Organic By Nature, Inc., a California corporation with principal office located at 1495 Seabright Avenue, Long Beach, California 90813 ("Purchaser") and RiceBran Technologies, a California corporation with principal office located at 6720 N Scottsdale Rd., Suite 390, Scottsdale, Arizona 85253 ("Supplier") (each, a "Party" and, collectively, the "Parties") on the following terms and conditions:

Memorial Resource Development Corp. – Amendment No. 1 to Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement (August 5th, 2015)

This Amendment No. 1 to Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement, dated as of May 20, 2015 (this "Amendment"), is entered into by and among PennTex NLA Holdings, LLC, a Delaware limited liability company ("PTX"), MRD WHR LA Midstream LLC, a Delaware limited liability company ("MRD"), MRD Operating LLC, a Delaware limited liability company ("MRD Operating"), and PennTex North Louisiana, LLC, a Delaware limited liability company ("JV"). PTX, MRD, MRD Operating and JV are each referred to herein as a "Party," and collectively as, the "Parties." Defined terms used but not defined herein have the meaning given to them in the Agreement (as defined below).

FINANCIERE FAIVELEY FAMILLE FAIVELEY PARTICIPATIONS Mr FRANCOIS FAIVELEY Mr ERWAN FAIVELEY FAIVELEY TRANSPORT FW ACQUISITION LLC WABTEC CORPORATION EXCLUSIVITY AGREEMENT (July 31st, 2015)
PennTex Midstream Partners, LP – Amendment No. 1 to Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement (May 20th, 2015)

This Amendment No. 1 to Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement, dated as of May 20, 2015 (this Amendment), is entered into by and among PennTex NLA Holdings, LLC, a Delaware limited liability company (PTX), MRD WHR LA Midstream LLC, a Delaware limited liability company (MRD), MRD Operating LLC, a Delaware limited liability company (MRD Operating), and PennTex North Louisiana, LLC, a Delaware limited liability company (JV). PTX, MRD, MRD Operating and JV are each referred to herein as a Party, and collectively as, the Parties. Defined terms used but not defined herein have the meaning given to them in the Agreement (as defined below).

Memorial Resource Development Corp. – Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement (April 17th, 2015)

This Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement (this Agreement) is dated effective as of April 14, 2015 (the Effective Date), by and among PennTex NLA Holdings, LLC, a Delaware limited liability company (PTX), MRD WHR LA Midstream LLC, a Delaware limited liability company (MRD), MRD Operating LLC, a Delaware limited liability company (MRD Operating), and PennTex North Louisiana, LLC, a Delaware limited liability company (JV). PTX, MRD, MRD Operating and JV are each referred to herein as a Party, and collectively as, the Parties).

PennTex Midstream Partners, LP – Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement (April 16th, 2015)

This Amended and Restated Area of Mutual Interest and Midstream Exclusivity Agreement (this Agreement) is dated effective as of April 14, 2015 (the Effective Date), by and among PennTex NLA Holdings, LLC, a Delaware limited liability company (PTX), MRD WHR LA Midstream LLC, a Delaware limited liability company (MRD), MRD Operating LLC, a Delaware limited liability company (MRD Operating), and PennTex North Louisiana, LLC, a Delaware limited liability company (JV). PTX, MRD, MRD Operating and JV are each referred to herein as a Party, and collectively as, the Parties).

Xtrac Exclusivity Agreement (February 5th, 2015)

This XTRAC Exclusivity Agreement (this "Agreement") is made and entered into as of January 31, 2015 (the "Effective Date") by and between PhotoMedex, Inc., a Nevada corporation ("PHMD"), and LCA-Vision Inc., a Delaware corporation (the "Company" and, together with PHMD, each individually, a "Party" and collectively, the "Parties"). Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Purchase Agreement (as defined below).

Ashford Inc. Mutual Exclusivity Agreement (November 18th, 2014)

THIS ASHFORD INC. MUTUAL EXCLUSIVITY AGREEMENT (this "Agreement") is entered as of the 12th day of November, 2014 (the "Effective Date") by and among ASHFORD HOSPITALITY ADVISORS LLC, a Delaware limited liability corporation ("Ashford LLC"), ASHFORD INC., a Delaware corporation ("Ashford Inc."), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company ("Manager"), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Sientra, Inc. – Amended and Restated Exclusivity Agreement (October 20th, 2014)

This Amended and Restated Exclusivity Agreement (Agreement) is entered into as of the Effective Date (defined below) by and between Silimed-Silicone e Instrumental Medico-Cirugico e Hospitalar LTDA, a company organized under the laws of Brazil on behalf of itself and any affiliated, controlled or otherwise related entity or person including, without limitation, any entity controlled or owned at least in part by the officers and partners (stockholders) of Silimed-Silicone e Instrumental Medico-Cirurgico e Hospitalar Ltda. (collectively, (Manufacturer) and Juliet Medical, Inc., a Delaware corporation (Company) as of the Effective Date.

Sientra, Inc. – Amendment No. 1 to Amended and Restated Exclusivity Agreement (September 19th, 2014)

This Amendment No. 1 is the first amendment to the Agreement. The Agreement is hereby amended by inserting, immediately after Section 4.1(b), a new section to be titled Section 4.1(c) which reads:

Sientra, Inc. – Amended and Restated Exclusivity Agreement (September 19th, 2014)

This Amended and Restated Exclusivity Agreement (Agreement) is entered into as of the Effective Date (defined below) by and between Silimed-Silicone e Instrumental Medico-Cirugico e Hospitalar LTDA, a company organized under the laws of Brazil on behalf of itself and any affiliated, controlled or otherwise related entity or person including, without limitation, any entity controlled or owned at least in part by the officers and partners (stockholders) of Silimed-Silicone e Instrumental Medico-Cirurgico e Hospitalar Ltda. (collectively, (Manufacturer) and Juliet Medical, Inc., a Delaware corporation (Company) as of the Effective Date.

Sientra, Inc. – Amendment No. 2 to Amended and Restated Exclusivity Agreement (September 19th, 2014)

This Amendment No. 2 (the Amendment) amends that certain Amended and Restated Exclusivity Agreement, dated April 4, 2007, by and between Juliet Medical, Inc. and Silimed-Silicone e Instrumental Medico-Cirugio e Hospitalar LTDA, as amended on May 12, 2010 (the Agreement) and shall be effective as of November 8, 2013 (the Amendment Effective Date). This Amendment is entered into by and between Silimed Comercio de Produtos Medico Hospitalares Ltda. (formerly known as Silimed-Silicone e Instrumental Medico-Cirugio e Hospitalar LTDA), a company incorporated under the laws of the Federal Republic of Brazil, with its registered office at Rua General Polidoro no 158, Botafogo, Rio de Janeiro, RJ and Sientra, Inc. (formerly known as Juliet Medical, Inc.), a company incorporated under the laws of Delaware, having its principal place of business at 6769 Hollister Ave, Suite 201, Goleta, California 93117 (the Parties and each a Party).

Ashford Inc. Mutual Exclusivity Agreement (August 4th, 2014)

THIS ASHFORD INC. MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the [ ] day of [ ], 2014 (the Effective Date) by and among ASHFORD HOSPITALITY ADVISORS LLC, a Delaware limited liability corporation (Ashford LLC), ASHFORD INC., a Delaware corporation (Ashford Inc.), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Ashford Inc. Mutual Exclusivity Agreement (August 4th, 2014)

THIS ASHFORD INC. MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the [ ] day of [ ], 2014 (the Effective Date) by and among ASHFORD HOSPITALITY ADVISORS LLC, a Delaware limited liability corporation (Ashford LLC), ASHFORD INC., a Delaware corporation (Ashford Inc.), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Cannabics Pharmaceuticals Inc. – Collaboration & Exclusivity Agreement (July 25th, 2014)

This Agreement (the "Agreement") made as of the 24th day of July, 2014 by and among, CANNABICS INC., a Delaware corporation ("Cannabics Inc."), and CANNABICS PHARMACEUTICALS INC., a Nevada Corporation (the "Company").

Sientra, Inc. – Amended and Restated Exclusivity Agreement (July 18th, 2014)

This Amended and Restated Exclusivity Agreement (Agreement) is entered into as of the Effective Date (defined below) by and between Silimed-Silicone e Instrumental Medico-Cirugico e Hospitalar LTDA, a company organized under the laws of Brazil on behalf of itself and any affiliated, controlled or otherwise related entity or person including, without limitation, any entity controlled or owned at least in part by the officers and partners (stockholders) of Silimed-Silicone e Instrumental Medico-Cirurgico e Hospitalar Ltda. (collectively, (Manufacturer) and Juliet Medical, Inc., a Delaware corporation (Company) as of the Effective Date.

Sientra, Inc. – Amendment No. 1 to Amended and Restated Exclusivity Agreement (July 18th, 2014)

This Amendment No. 1 is the first amendment to the Agreement. The Agreement is hereby amended by inserting, immediately after Section 4.1(b), a new section to be titled Section 4.1(c) which reads:

OncBioMune Pharmaceuticals, Inc – Dear Mr. Konhausner: Re: Proposal and Exclusivity Agreement (June 6th, 2014)

This non-binding letter of intent (Letter of Intent) outlines a proposed business combination (the Proposed Transaction) between MediaXP GmbH (MediaXP) and Quint Media Inc. (Quint) by way of a share exchange (or any other form or type of business combination mutually acceptable to both parties). In the result, the parties anticipate that at and after closing, Quint will own MediaXP and all of its assets, which include its media agency activity (including campaign ops, creation and fulfillment as well as the whole tech development of MediaXP, including the CMS called SnakeFire) the internet portals and platforms commonly known as GamingXP, MobileXP, and others currently listed under www.mediaxp.com under various domains including gamingxp.com, spielemagazin.de and mobilexp.com (collectively, the Platform). We understand that the Platform may be integrated with Facebook and other internet, social and mobile applications. This Letter of Intent is not binding on either party except as is s

Celladon Corp – Material Transfer and Exclusivity Agreement (May 13th, 2014)

This Material Transfer and Exclusivity Agreement (Agreement), effective as of February 17th, 2014 (the Effective Date), is entered into between LES LABORATOIRES SERVIER having offices at 50, rue Carnot, 92284 Suresnes, France, registered with the Nanterre Commercial Registry under number 085 480 796 (LLS) and, acting jointly and severally with LLS, INSTITUT DE RECHERCHES SERVIER, having offices at 3 rue de la Republique, 92150 Suresnes, France, registered with the Nanterre Commercial Registry under number 778 150 326 (IDRS), (LLS and IDRS are hereinafter collectively referred to as Servier) and CELLADON CORPORATION, having offices at 12760 High Bluff Drive Suite 240 San Diego, CA 92130, USA (Celladon) and confirms the terms upon which Celladon will provide the following Celladon proprietary compounds: CDN[...***...], CDN[...***...] and CDN[...***...] (CDN[...***...], CDN[...***...] and CDN[...***...] are collectively referred to as the Celladon Compounds), and certain information relat

First Amendment to Mutual Exclusivity Agreement (November 25th, 2013)

THIS FIRST AMENDMENT TO MUTUAL EXCLUSIVITY AGREEMENT (this Amendment) is made this 19th day of November, 2013, by and among Ashford Hospitality Limited Partnership, a Delaware limited partnership (the Partnership), Ashford Hospitality Trust, Inc., a Maryland corporation (the REIT), and Remington Lodging & Hospitality, LLC, a Delaware limited liability company (successor-in-interest to Remington Hotel Corporation and Remington Lodging & Hospitality, L.P. under the Agreement) (Manager), and is consented and agreed to by Monty J. Bennett, on behalf of the Remington Affiliates.

Ashford Hospitality Prime, Inc. – Ashford Prime Mutual Exclusivity Agreement (November 25th, 2013)

THIS ASHFORD PRIME MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the 19th day of November, 2013 (the Effective Date) by and among ASHFORD HOSPITALITY PRIME LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), ASHFORD HOSPITALITY PRIME, INC., a Maryland corporation (the REIT), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.

Ashford Hospitality Prime, Inc. – Ashford Prime Mutual Exclusivity Agreement (August 22nd, 2013)

THIS ASHFORD PRIME MUTUAL EXCLUSIVITY AGREEMENT (this Agreement) is entered as of the [ ] day of [ ], 2013 (the Effective Date) by and among ASHFORD HOSPITALITY PRIME LIMITED PARTNERSHIP, a Delaware limited partnership (the Partnership), ASHFORD HOSPITALITY PRIME, INC., a Maryland corporation (the REIT), and REMINGTON LODGING & HOSPITALITY, LLC, a Delaware limited liability company (Manager), and is consented and agreed to by MONTY J. BENNETT as a Remington Affiliate.