F&F Market definition

F&F Market means the worldwide market for Flavor(s) and/or Fragrance(s) in consumer and industrial grade products (including fine fragrances, cosmetics, toiletries, home and body care, detergents, repellants, fertilizers, air fresheners and soaps); and (b) products designed for consumption (including food, beverages, drugs, tobacco and any animal feed).

F&F Market means the worldwide market for individual ingredient(s), including the Ingredient(s), Flavor(s) and/or Fragrance(s), whose intended or primary functionality (individually or as part of a blend with auxiliary materials) is to: (a) impart, modify, boost or enhance a desirable scent or odor, in consumer and industrial grade products (including, without limitation, fine fragrances, cosmetics, toiletries, home and body care, detergents, repellants, fertilizers, air fresheners and soaps); and (b) impart, modify, boost or enhance a desirable taste, flavor or sensation, or to conceal, modify or minimize an undesirable taste, flavor or sensation, in materials designed for consumption (including food, beverages, drugs, tobacco and any animal feed).

Examples of F&F Market in a sentence

• The Parties acknowledge that the Collaboration is limited to the F&F Market except for the Exclusions and that they may compete in the Exclusions and in any market that is outside the F&F Market.

• If any Amyris Patent or Firmenich Patent is allegedly or actually infringed by a Third Party and such infringement involves an Intermediate or Ingredient and relates to the F&F Market except for the Exclusions (such infringement, an “Infringement”), the Party first having knowledge of such Infringement shall promptly notify the other Party in writing.

• The Parties will collaborate to develop, produce and commercialize Ingredients meeting agreed specifications using Amyris' Strain Generation Technology and Firmenich Background Intellectual Property for use and sale as an ingredient in a Fragrance or Flavor in the F&F Market except for the Exclusions.

• Amyris and Firmenich entered into that certain Collaboration Agreement on March 13, 2013 (the “Agreement”) to collaborate on the development and worldwide use and commercialization of Ingredients in the F&F Market using Strain Generation Technology Controlled by Amyris and other contributions of the Parties.

• If the Steering Committee decides that Amyris is the nominated manufacturer and supplier of the Ingredient, Amyris will produce and sell the applicable Ingredient to Firmenich for use in the F&F Market under a Supply Agreement to be negotiated by the Parties.

• Firmenich will purchase the Ingredients in accordance with the Supply Agreement and, if necessary, conduct further finishing of the Ingredients, as it deems appropriate, for purposes of internal use as well as for external sale in the F&F Market.

• Firmenich will use, on a Reasonable Efforts basis, its marketing and distribution capabilities to sell Ingredients to the F&F Market except for the Exclusions, for purposes of internal use as well as for external third party sales.

• Firmenich shall use Reasonable Efforts to market and sell such Ingredients in the F&F Market except for the Exclusions.

• Except as otherwise set forth in the termination provisions of this Agreement, any Intermediate or Ingredient actually commercialized or used internally by Firmenich may continue to be used internally or commercialized exclusively by Firmenich in the F&F Market for as long as it wishes unless the Parties mutually agree otherwise in writing.

• As set forth in more detail in Article 9, Firmenich shall have exclusive rights in the F&F Market except for the Exclusions to commercialize and use the Intermediates and Ingredients subject to this Agreement.