Non-Competitive Products definition

Non-Competitive Products means any product, service, module or component that (a) is not a Competitive Product or (b) is set forth on Schedule 1.1(a)(vi).
Non-Competitive Products means any (i) product or service that is not a Competitive Product (including products or services that are not sold in the Prior Areas, but would be Competitive Products if they were sold in the Prior Areas), (ii) product or service that is being designed, developed, manufactured, used, marketed, offered for sale or sold by Seller or its Affiliates (but excluding the Sold Companies) as of the date of this Agreement (or any improvements, new versions or successors thereof) or (iii) module or component that is incorporated into any product or service described in clause (i) or (ii) of this definition.
Non-Competitive Products. (as defined below). If Seller is unable or unwilling to sell any particular item, brand or product line of Products on a basis that keeps Buyer competitive in the marketplace as provided in this Paragraph 1, then provided that Buyer has given Seller an opportunity to sell such Products to Buyer, such item, brand or product line shall become a "NON-COMPETITIVE PRODUCT" for purposes of this Agreement and Buyer shall be entitled to purchase such item, brand or product line from another source of supply, provided that if Seller later notifies Buyer that it is willing and able to sell such Non-Competitive Product on a basis that keeps Buyer competitive in the marketplace, then such product shall thereafter cease being a Non-Competitive Product and Buyer shall again purchase its requirements for such Product from Seller in accordance with the terms of this Agreement (provided that Buyer shall be permitted to fulfill any then outstanding purchase order or commitment). Buyer shall not be in default hereunder for failure to purchase, and Seller shall not be in default hereunder for failure to sell, Non-Competitive Products.

Examples of Non-Competitive Products in a sentence

  • In the event that Seller is unable to ship an order within *** of the requested delivery date, then Seller shall so inform Buyer and Buyer, in lieu of any other remedy, shall then be entitled to cancel such PO and to purchase all of such order from some other source of supply; provided, however, that to the extent that *** then, with respect to such customer, the Products contained in such shipments shall become Non-Competitive Products for the purposes of this Agreement.

  • If sufficient incentive programs are implemented, then India can expect to see an improvement in the export prospects of these products in the near future.Table 6List of Competitive & Non-Competitive Products across Export Category: India-KoreaExport CategoryIn Table 6, the list of competitive and non-competitive products for major and potential exports of India to Korea according to global RCA and bilateral RCA3 is given.

  • For the avoidance of doubt, during the Term of this Agreement, Xxxxx Xxxxxxxxx may continue to Manufacture Non-Competitive Products for Third Parties in the Territory.

  • Buyer shall not be in default hereunder for failure to purchase, and Seller shall not be in default hereunder for failure to sell, Non-Competitive Products.

Related to Non-Competitive Products

  • Competitive Products shall include any product or service that directly or indirectly competes with, is substantially similar to, or serves as a reasonable substitute for, any product or service in research, development or design, or manufactured, produced, sold or distributed by the Company;

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Competitive Products or Services means, as of any time, those products or services of the type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers.

  • Competitive Services means engaging in the business of community banking or commercial banking, including, without limitation, originating, underwriting, closing and selling loans, receiving deposits and otherwise engaging in the business of banking, as well as the business of providing any other activities, products, or services of the type conducted, authorized, offered, or provided by the Bank as of Executive’s Termination Date, or during the two (2) years immediately prior to Executive’s Termination Date.

  • Competitive Process means a formal sealed, electronic, or web-based bid procedure used for all nonclaims related purchases for goods and services over fifty thousand dollars. For purchases between five thousand dollars and fifty thousand dollars, competitive process means quotations obtained from at least three vendors by telephone or written quotations, or both, and supported by evidence of competition. Purchases up to five thousand dollars are exempt from competitive bids providing procurement is based on obtaining maximum quality at minimum cost.

  • Competing Product means […***…].

  • Anti-competitive Practice means any collusion, bid rigging or anti-competitive arrangement, or any other practice coming under the purview of The Competition Act 2002, between two or more bidders, with or without the knowledge of the Purchaser, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non-competitive levels;

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Competitive service means any service offered by an electric

  • Competitive contracting means the method described in sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 through C.18A:18A-4.5) of contracting for specialized goods and services in which formal proposals are solicited from vendors; formal proposals are evaluated by the purchasing agent or counsel or School Business Administrator; and the Board awards a contract to a vendor or vendors from among the formal proposals received.

  • New Products means any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Competitive Business means any firm, partnership, joint venture, corporation and/or any other Person, and/or any licensee of such entity, that develops, manufactures, markets, distributes, provides, offers, or sells any services or products substantially similar to First Party’s services or products.

  • Competitive Set As defined in the STR Reports. Lessor and Lessee shall work in good faith to determine any additions and deletions to the Hotel’s Competitive Set, on or before November 15th of each year, with such changes to be applicable for the following Fiscal Year. In the event Lessor and Lessee cannot agree to the Hotel’s Competitive Set by November 15th of any year, such unagreed items shall be determined by Xxxxx Travel Research (or, if it refuses or is unable to do so, by arbitration pursuant to Section 25.2). The costs of resetting the Hotel’s Competitive Set shall be borne equally by the parties.

  • Competitive Position means any employment with a Competitor in which Executive will use or is likely to use any Confidential Information or Trade Secrets, or in which Executive has duties for such Competitor that relate to Competitive Services and that are the same or similar to those services actually performed by Executive for the Company;

  • Competitive Business Activity means:

  • Licensed Fields of Use means the fields of use identified in Appendix B.

  • Assistive technology means the devices, aids, controls, supplies, or appliances described in OAR 411-300-0150 that are purchased to provide support for a child and replace the need for direct interventions to enable self-direction of care and maximize independence of the child.

  • Competitive solicitation means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

  • Licensed Field means all fields of use.

  • Licensed Services means all functions performed by the Licensed System.

  • Competitive negotiation means a procedure for contracting for supplies, materials, equipment or contractual services, in which proposals are solicited from qualified suppliers by a request for proposals, and changes may be negotiated in proposals and prices after being submitted.

  • Licensed Field of Use means all fields.

  • Restricted Territory means any state, county, or locality in the United States in which the Company conducts business and any other country, city, state, jurisdiction, or territory in which the Company does business.

  • Exclusive Territory means (1) the states of Illinois, Wisconsin, and Indiana; and

  • Competitive employment means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.