Exclusive Marketing Rights. Subject to IUC's "Reserved Use", IUC hereby grants to THANE the exclusive right to market the Product worldwide for the Term herein. IUC agrees not to manufacture nor market the Product or a same type product, for itself or for third parties, in competition with THANE during the Term of this Agreement. The exclusive worldwide marketing rights shall include all possible market areas available today, including but not limited to: print; retail, radio; television; cable; satellite cable and television; catalog; Internet; direct mail; telemarketing and home shopping channels. IUC hereby reserves for its own use its website ( wxx.Xxxxxx.xxx ), Txxxxx Gifts, and Comtrad Industries ("RESERVED USE").
Exclusive Marketing Rights. WHJ hereby grants to THANE the exclusive right, worldwide, to broadcast the Infomercial and to market and sell the Product in all possible market areas available today, and those that will be available in the future, including, but not limited to: print; radio; retail; television, cable; satellite cable and television; the Internet; telemarketing; and home shopping networks.
Exclusive Marketing Rights. It is expressly understood and agreed that this Agreement does not grant MSI an exclusive privilege to provide to SWBT any or all SERVICE of the type described in this Agreement nor require the purchase of any products from MSI by SWBT. It is, therefore, understood that SWBT may contract with other manufacturers and MSIs for the procurement or trial of comparable Services. No course of dealing or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of such term, right or condition.
Exclusive Marketing Rights. If exclusive marketing rights under the commercialization agreement are desired by Vilmorin, then Vilmorin will provide to Agritope a marketing plan, describing Vilmorin's current market share of the Crop and projected market share for the Modified Crop, both on a geographical basis. Based on this information, Vilmorin and Agritope will negotiate in good faith to determine geographical regions (e.g., worldwide, Europe, North America, or France) in which Vilmorin shall have exclusive or nonexclusive marketing rights. Agritope shall give Vilmorin exclusivity in geographical regions where Vilmorin demonstrates a strong likelihood of obtaining a substantial market share. Any exclusive marketing rights granted by Agritope to Vilmorin pursuant to this Section 8.3.3 for a particular geographical region shall become nonexclusive in the event that Vilmorin does not achieve and maintain a substantial market share in such geographical region. The definition of "substantial market share" shall be negotiated in good faith by the parties on a case-by-case basis for each Modified Crop and shall be included in the relevant commercialization agreement. For any period during which the commercialization agreement gives Vilmorin exclusive marketing rights for a Modified Crop in a region, Agritope will not enter into an agreement with a third party permitting the marketing of a Competing Modified Crop in that region.
Exclusive Marketing Rights. CIBA shall have the sole and exclusive right and responsibility for all marketing activities relating to the Products in the Territory, including, but not limited to, development and distribution of all sales and promotional materials, physician training, pricing and positioning strategies, post-market clinical studies, development of technical presentations, selection, retention and compensation of speakers, development and publication of scientific abstracts and articles, customer service, technical assistance, repair and replacement of Products, and all other usual and customary activities associated with the promotion and sale of surgical medical devices and all customer service associated therewith. Presby shall provide such reasonable support and assistance as may be requested from time to time by CIBA, provided that PRESBY shall not independently engage in any of the activities set forth above without CIBA's prior written consent. CIBA shall provide PRESBY with periodic marketing updates, at such times and in such form as shall be mutually agreed upon by the parties, and shall provide PRESBY with copies of product literature, promotional materials and other Product related information and materials as may be reasonably requested by PRESBY from time to time.
Exclusive Marketing Rights. In consideration of entering into this joint covenant Seller (Medis Technologies, Ltd. and its subsidiaries, including but not limited to More Energy Ltd) hereby grants to Purchaser, with respect to Seller’s DLFC technology, the exclusive marketing and sales right for the US Department of Defense and Department of Homeland Security from the date of execution of this Agreement through the period ending 31 December 2006, provided that Purchaser uses commercially reasonable efforts during such time to identify and actively promote opportunities for marketing and selling applications of the DLFC technology in those markets.
Exclusive Marketing Rights. 17. Steamboat Grand Owner Discounts and Benefits.
Exclusive Marketing Rights. 1.1 FSI hereby agrees that PMSC retains the exclusive right to market and grant licenses of the Software to any third parties within the worldwide property and casualty ("P&C") and Life insurance industries and the non-exclusive right for the health insurance for use in such industries. Additionally, PMSC shall have the non-exclusive right to market and grant licenses of the Software to any third parties worldwide in industries other than insurance, but these marketing rights with respect to non-insurance industries shall continue with respect to a particular territory or a particular industry only for so long as FSI does not grant exclusive rights to such territory or to such industry to its sales personnel or to a third party. FSI agrees to give PMSC at least 90 days' prior written notice of any terminations or restrictions of PMSC's non-exclusive marketing rights. The P&C and Life insurance industries include all such insurance companies, reciprocals and exchanges. Additionally, third parties which provide the benefits of the Software to P&C or Life insurance companies for their production purposes shall be deemed included in the P&C or Life insurance industries, but only to the extent that such third party provides such benefits. As used hereinafter, the term "
Exclusive Marketing Rights. Declarant is hereby granted an Exclusive Right to Sell Memberships in Club and the exclusive right to the proceeds from the sales of Memberships allocated to each Property. Declarant shall have the right and power to sell or arrange for the sale of Memberships subject to licensing and land sales regulation requirements of jurisdictions in which Memberships are to be sold. All sales, marketing, licensing and regulatory compliance shall be performed solely at the expense of Declarant while and to the extent Declarant is entitled to the proceeds of sale. The exclusive right to sell granted to Declarant relating to sales of Memberships on behalf of Club does not affect or limit the rights of Members or other holders of Memberships that are in good standing to transfer or resell their Memberships as allowed in the Governing Documents or any other agreements between Members, Declarant and Club.
Exclusive Marketing Rights. ELITE hereby grants to PRECISION DOSE exclusive marketing rights (“Exclusive Marketing Rights”) to market and sell the Products in the United States, and Puerto Rico). ELITE agrees that it shall not (and it shall not authorize, permit or suffer any of its affiliates to), directly or indirectly, sell or distribute a Product in North America at any time during the term of this agreement unless specifically authorized under the terms of this Agreement. ELITE hereby grants to PRECISION DOSE non-exclusive marketing rights to market and sell the Products in Canada.
