Exclusive Distributorship. (a) Upon and subject to the terms and conditions of this Agreement, Cipher hereby appoints Distributor as its exclusive distributor of the Product in the Territory throughout the Term with the exclusive right and obligation to Market the Product in the Territory and the right to conduct post-regulatory approval clinical program development for the Product pursuant to Section 4.6, and Distributor hereby accepts such appointment. Cipher represents and warrants to Distributor that except for the exclusive license granted in this Section 2.1, Cipher has not granted any other license to use, market and/or import, the Product in the Territory. Cipher shall take all reasonable and prudent actions to ensure that Product does not enter the Territory as black market goods, and shall include in any contracts with distributors outside the Territory terms and conditions (i) that prohibit the export of Product into the Territory, and (ii) that (A) prohibit the sale of Product to Third Parties known to participate in the export in the Territory of Product or of a product with the same formulation and range of strengths as the Product, as approved by the Regulatory Authorities from time to time (“Prohibited Sales”) or/and (B) permit Cipher to terminate the contract if Distributor does not cure Prohibited Sales. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Exclusive Distributorship. As a part of the assignment of the Assigned Rights and Technologies hereunder, ATI shall grant to Assignee (i) the exclusive right to use, sell, market, develop or distribute the products set forth in Exhibit A attached hereto for use within the Market ("Product I") and (ii) the non-exclusive right to use, sell, market, develop or distribute the products set forth on Exhibit B attached hereto for use within the Market ("Product II") (Product I and Product II are collectively, the "Device"), and Assignee (y) agrees to give Assignor the first opportunity to fill any orders for the Device pursuant to his Agreement, and (z) subject to Section 5.6.2, agrees not to purchase, use, sell, market, develop or distribute any apheresis devices or similar devices other than the Device, without the prior written consent of Assignor.
Exclusive Distributorship. During the Exclusive Period, and subject to the exclusivity set forth in Section 2.3, GELESIS hereby appoints RO and its Affiliates as a distributor of the Product in the Field in the Territory, and grants RO and its Affiliates a right to Distribute the Product in the Field in the Territory.
Exclusive Distributorship. 1. Subject to the terms and conditions herein and Individual Agreements (defined in Article 3), the Supplier hereby grants to the Distributor the exclusive right to purchase the Products from the Supplier and to sell the Products in the Territory.
Exclusive Distributorship. The Marketing Company shall be the exclusive distributor to import, distribute, market and sell the Products throughout the world.
Exclusive Distributorship. The Parties agree that PDS shall be the Exclusive Distributor to CJ for all Gaming Devices, which CJ intends to sell or distribute for Home Use in accordance with section 2 herein. CJ shall purchase all of its Gaming Devices for resale for Home Use by and through the Property, without exception, but shall be exempt from paying any Buyer's Premium.
Exclusive Distributorship. As of the effective Date, EPi and NPC agree to enter into a distributorship agreement whereby the parties will work exclusively with each other in the manufacturing and distribution, for outright sale as well as for rental/lease to hospitals, homes and wound care center, of PEMS Devices in the United States for selected applications based on the detailed terms and conditions provided in this Section 2.
Exclusive Distributorship. Provided ISA provides orders of at least $10 million during the eighteen month period following the execution of this agreement then ISA's appointment pursuant to paragraph 1.3 as the exclusive distributor for Coded in Mexico, Central and South America shall become an exclusive distributorship for an additional three year period with continuing three year extensions to ISA provided ISA's performance has been reasonably satisfactory. While ISA is the exclusive distributor for Coded in these areas ISA can not sell products competitive to the Coded product line. This exclusive distributorship shall be on customary terms similar to existing distributorship agreements that Coded presently has with others. Should a dispute arise as to what are customary terms, it shall be settled by arbitration.
Exclusive Distributorship. During the term of this Agreement, except in accordance with Article 5 hereof, neither United Grain nor Harvest States shall (i) export, distribute or sell Grain through the CRDIP (regardless of whether such Grain originated within or outside the Exclusive Territory) or (ii) distribute or sell into the Exclusive Territory Grain originated within or outside the Exclusive Territory. Notwithstanding the foregoing, Harvest States may export Grain through the CRDIP (regardless of whether such Grain originated within or outside the Exclusive Territory) which the Company does not purchase and export pursuant to this Agreement.
Exclusive Distributorship. 2.1 Subject to the terms and conditions contained herein, RSI grants to the Distributor, and the Distributor hereby accepts appointment as Exclusive Distributor of Products in the territory.
