Actively Utilizing definition
Actively Utilizing means that the JV Companies, collectively, have, at any applicable point in time, sold at least † in the immediately preceding two years (i.e, † on a rolling two-year basis) of the Products (collectively) in the respective category. For purposes of this Section 6.6 (and as indicated in Table 6.1(a), † and † shall be deemed a single category of Products such that sales of all such Products anywhere in the world shall be totaled to determine whether the JV Companies are Actively Utilizing the rights to such Products; provided, however, that in no event shall the rights granted to † outside of the Food Field terminate pursuant to this clause.
Actively Utilizing. Supplier's Z-Axis SDK means the following: AT&T using the Z- Axis SDK in an active state for a FirstNet Host Mobile Application or non-FirstNet Host Mobile Application. If the Z-Axis SDK is deactivated and no licenses are active, then this will be considered AT&T not using Supplier's Deliverables as defined herein. Supplier represents and warrants that Supplier can and will track “active” use of its SDK and AT&T will rely upon Supplier to provide reports and statuses on “active” or “inactive” use of the Z-Axis SDK. In the event that AT&T provides Supplier with Notice of Non-Use pursuant to this Subsection 1.3(a), Supplier may either choose to terminate this Agreement or continue this Agreement for the remainder of any or all of the remaining initial seven (7) year term, provided that:
Examples of Actively Utilizing in a sentence
The Company shall then have six (6) months to be Actively Utilizing those rights, failing which the license set forth in Section 6.1(a) (and the sublicense set forth in Section 6.2) may be terminated (as of the end of such six (6) month period) by Solazyme, Inc.
For purposes of this Section 6.6 (and as indicated in Table 6.1(a), † and † shall be deemed a single category of Products such that sales of all such Products anywhere in the world shall be totaled to determine whether the JV Companies are Actively Utilizing the rights to such Products; provided, however, that in no event shall the rights granted to † outside of the Food Field terminate pursuant to this clause.