Competing Products. The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.
Competing Products. Distributor agrees that it will not distribute or represent any Products in the Territory which compete with the Products during the term of this Agreement or any extensions thereof.
Competing Products. The Representative has the right to carry and sell products other than and in addition to the Products provided, however, that unless otherwise agreed by the parties, the Representative shall not sell, distribute, advertise or in any way deal in or with any products, which, in the opinion of Ilios, are competitive with any of the Products.
Competing Products. During the Term of this Agreement, Distributor shall not market, sell, manufacture, prepare, package, or distribute, directly or indirectly, or assist any third party in engaging in the business of manufacturing, marketing, selling, or distributing any Energy Drink/s or products reasonably likely to be confused with any of the Products in the Territory or reasonably likely to be perceived by consumers as confusingly similar to or be passed off as Products (“Competing Products”), except that Distributor may manufacture, prepare, package, market, sell and distribute and otherwise engage or assist any third party in engaging in the business of manufacturing, marketing, selling or distributing in the Territory Competing Products that: (i) are owned, marketed, sold or distributed by KO or an Affiliate of KO, or (ii) were internally developed by KO or any of their Affiliates, in each case (i) and (ii), to the extent KO is not otherwise prohibited from marketing, selling or distributing such Competing Products pursuant to a written agreement between XXX and KO. If under the terms of any written agreement between XXX and KO, KO authorizes Distributor to sell Competing Products, then Distributor agrees that it shall be obligated at all times to allocate and devote at least such resources and efforts (in all material respects) to the promotion, marketing, sale, and distribution of the Products as are substantially proportional to the ratio that the volume of Distributor’s sales of Products bears to the volume of Distributor’s sales of Competing Products.
Competing Products. The GS Group regularly offers a wide array of securities, financial instruments and other products into the marketplace, including existing or new products that are similar to the Notes and Assets. For example, the GS Group may place or underwrite certain of the Assets and may underwrite securities similar to the Notes. Noteholders should expect that the GS Group will offer securities, financial instruments, and other products that will compete with the Notes for liquidity, research coverage or otherwise. Relationships: The financial market activities and interests of the GS Group may include financial advisory, investment advisory or transactional services and interests in securities, instruments and companies that are directly or indirectly related to the Issuer, the issuer(s) of the Assets and/or the Trustee. In providing these or other services to, or engaging in transactions with, the Issuer, the issuer(s) of the Assets and/or the Trustee, or other market participants, or in acting for its own account, the GS Group may take actions that have a direct or indirect effects on the Issuer, the Notes and/or the Assets, which may be adverse to the interests of Noteholders. In particular, the GS Group may provide investment banking services (including without limitation underwriting, merger advisory, other financial advisory, placement agency or selling agency services), foreign currency hedging, research, asset management services, brokerage services or other services to the Issuer, the issuer(s) of the Assets and/or the Trustee. Revenues to the GS Group for providing these services generally have the potential to increase as the business and activities of the Issuer expand. Therefore, a successful offering of the Notes may result in additional revenues to the GS Group and its personnel for the future provision of these other services. In any offering, as well as in all other circumstances in which the GS Group receives any fees or other compensation in any form relating to services provided to or transactions with the Issuer, the issuer(s) of the Assets and/or the Trustee, no accounting, offset or payment in respect of the Notes will be required or made; the GS Group will be entitled to retain all such fees and other amounts, and no fees or other compensation payable by the Issuer, the issuer(s) of the Assets and/or the Trustee or indirectly by holders of the Notes will be reduced by reason of receipt by the GS Group of any such other fees or other amounts....
Competing Products. During the term of this Agreement, DISTRIBUTOR and all officers, directors, shareholders, employees, agents or representatives of a company to be formed (collectively, "Agents"), and any entity in which DISTRIBUTOR or any of its Agents has a direct or indirect controlling ownership interest, shall not, directly or indirectly, promote, sell or distribute any fuel additive or similar product(s) which are directly competitive with the PRODUCT. Any such violation by the DISTRIBUTOR shall have the DISTRIBUTOR immediately deemed to be in default of this Agreement.
Competing Products. Nothing herein shall preclude or in any way limit the right of SANParks to grant such further or other PPPs or to enter into other agreements or to construct or procure the construction of other products outside of the Project Site as it in its sole discretion deems fit, and without derogating from the generality of the foregoing, in respect of the Other Thesens Island Projects, nor shall the Private Party have any claim arising from the grant of such further or other PPPs or from the construction of such other products: Provided that SANParks shall fulfil the obligations set out herein with due regard to the rights granted to the Private Party in terms of this PPP Agreement.
Competing Products. Subject to Section 5.6 (Competing Product Acquisitions), during the period commencing on the Effective Date and ending two (2) years after the First Commercial Sale of a TAK-385 Licensed Product in a Major Market Country, each of Licensee and RSL will not, directly or indirectly, and will cause all of Licensee’s Affiliates and Excluded Affiliates (other than any such Excluded Affiliate that is a public company) not to, (a) alone or with others, research (or fund any research), develop, make, use, sell, offer for sale, or import any Competing Product in the Licensee Territory or Takeda Territory or (b) enter into any agreement with any Third Party with respect to a license or other acquisition of rights relating to any Competing Product in the Licensee Territory or Takeda Territory.
Competing Products. If at any time during the term of this Agreement, one or more competitors introduce in any country a product that competes with a LICENSED PRODUCT, then the parties in good faith shall promptly review the facts and circumstances, and if appropriate, negotiate an equitable adjustment to the royalty rate on NET SALES of such LICENSED PRODUCT in that country.
Competing Products. For the period commencing on the Effective Date and ending on [***], each of Takeda and Orexigen shall not, and shall ensure that their respective Affiliates and sublicensees do not, (whether directly or through a Third Party), commercialize in the Territory any pharmaceutical product, other than (a) the Products or (b) [***]. For the avoidance of doubt, this Section 8.4.5 shall apply to any Successor of either Party.
