HBA Products definition
Examples of HBA Products in a sentence
The pricing for the HBA Products and the Purchaser Derivative Products upon which the Royalty is based shall be determined by Purchaser in it sole and absolute discretion.
Purchaser's responsibilities under the Novation Agreement shall terminate upon the execution of an amendment by Purchaser and HDS to that certain International OEM Agreement by and between Purchaser and HDS, dated as of July 14, 1999 (the "HDS International OEM Agreement") that will enable Purchaser to furnish Existing HBA Products (as that term is defined below) to HDS.
As soon as reasonably practicable after the Closing, Purchaser shall enter into good faith negotiations to execute an amendment to the HDS International OEM Agreement, pursuant to which JNI shall furnish Existing HBA Products to HDS and HDS shall act as a reseller of such Existing HBA Products.
Except with respect to the rights of third parties to the Third Party Technology, no third party has any right to manufacture, reproduce, distribute, market or exploit any works or materials of which any of the Existing HBA Products are a "derivative work" as that term is defined in the United States Copyright Act, Title 17, U.S.C. Section 101.
As soon as reasonably practicable after the Closing, Purchaser shall add, or cause to be added, the HBA Products to Purchaser's product price list.
To Seller's knowledge, there is no valid basis for any claim of the type specified in the immediately preceding sentence that could in any material way relate to or interfere with the continued enhancement and exploitation by Purchaser of any of the HBA Products listed on Schedule 1.17 hereto (the "Existing HBA Products").
Unless the parties hereto otherwise agree in writing, Purchaser shall not sell or market any Existing HBA Products to Network Appliance, Inc.
Seller has at all times used commercially reasonable efforts to treat the Existing HBA Products and HBA Components as containing trade secrets and has not disclosed or otherwise dealt with such items in such a manner as to cause the loss of such trade secrets by release thereof into the public domain.
As soon as reasonably practicable after the Closing, Seller shall terminate any existing reseller or distribution agreements, pursuant to which it sells, markets or distributes the Existing HBA Products, or if such reseller or distribution agreements govern the sale, marketing or distribution of Seller's products other than the Existing HBA Products, then Seller shall amend such agreements to exclude the Existing HBA Products from the list of products that are sold, marketed or distributed thereunder.
Seller has provided to Purchaser an accurate list of all known errors or "bugs" in the Existing HBA Products.