Exabyte definition

Exabyte means Exabyte Corporation and its current and future Affiliates.

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Exabyte replaced by "Exabyte and/or Buyer".

Exabyte and "Seller" also means, in addition to the entities as described in the above opening paragraph, any other entity controlling, controlled by or under common control with the respective party, but only so long as such control exists. For purposes of this Agreement, control shall mean the possession directly or indirectly of more than fifty percent (50%) of the ownership through voting, securities or otherwise or the power to direct or cause directly or indirectly the direction of management and direction of the entities.

Examples of Exabyte in a sentence

• Any such removal of Exabyte property shall not unreasonably interfere with Seller's activities.

• All disputes, controversies or differences which may arise between Exabyte and Hitachi ("Parties") in relation to or in connection with this Development Agreement shall be settled by amicable negotiation by both Parties.

• Upon any termination by Hitachi, Hitachi agrees to deliver to Exabyte all technical information produced prior to termination relating to Product including documentation and other tangible manifestation of development, provided, however, that nothing herein shall provide Exabyte with rights to Base Product.

• Exabyte agrees that Hitachi shall have the first right of refusal with regard to the supply of Product.

• Exabyte and Hitachi shall act diligently and as expeditiously as possible in reaching an agreement on Final Specifications.

• Seller agrees to cooperate with Exabyte and hereby grants to Exabyte the right of entry on its property for this limited purpose.

• Hitachi agrees to deliver to Exabyte Development Prototypes in accordance with the schedule set forth in Exhibit A.

• Exabyte shall give Hitachi access to all test and other evaluation data generated by or for Exabyte with respect to Exabyte's evaluation of Development Prototype delivered to Exabyte under this Development Agreement.

• This Development Agreement may be amended, terminated or superseded only by written agreement between Hitachi and Exabyte that expressly amends, terminates or supersedes this Development Agreement.

• This Development Agreement supersedes any oral or written agreement previously executed by Hitachi and Exabyte relating to the subject matter of this Development Agreement.

More Definitions of Exabyte

Exabyte and "Seller" also mean, in addition to the entities as described in the above opening paragraph, any other entity controlling, controlled by or under common control with the respective Party, but only so long as such control exists.

Exabyte and "Plasmon" means the Parties referenced in the opening paragraph above together with any entity in which either Party has direct or indirect majority equity interest.