Exclusivity; Non-Competition. Executive agrees to perform his duties, responsibilities and obligations hereunder efficiently and to the best of his ability. Executive agrees that he will devote his entire working time, care and attention and best efforts to such duties, responsibilities and obligations throughout the Term. Executive also agrees that during the Term he will not engage in any business activities that are competitive with the business activities of the Company or any of its divisions, subsidiaries or affiliates.
Exclusivity; Non-Competition. During the term of this Agreement, except for limited manufacturing and sales of RBX Products and Products in accordance with Sections 3(b) and 3(c) and except for the manufacturing, marketing, distribution and sales of New Products or raw materials used in the manufacture thereof to the extent permitted under Section 3(g), RBX shall not, directly or indirectly, alone, through any of its affiliates or any Business Acquired by RBX, or together with or on behalf of any other Person, including as a shareholder, member, manager, partner, owner, joint venturer, licensor (or sublicensor), licensee (or sublicensee), investor, lender, agent, representative or consultant of, for or to another Person, (a) engage in manufacturing of any Products (or any products competitive with the Products) in or for the Markets (it being agreed by the parties that all existing and future RBX opportunities for Product and competitive product sales in the Markets shall be manufactured exclusively by Nomaco except as otherwise provided in Sections 3(b), 3(c) and 3(g)); (b) market, distribute, sell or promote any Products (or any products competitive with the Products) in or for the Markets other than Products manufactured by Nomaco pursuant to this Agreement; (c) market, distribute, sell or promote elastomeric products, or other raw materials, to any Person whom RBX has reason to know intends to use, or to distribute or sell to any other Person whom RBX has reason to know intends to use, such elastomeric products or other raw materials in the manufacture of Products (or any products competitive with the Products) in or for the Markets; or (d) market, distribute, sell or promote any extruders or other equipment used in the manufacture of Products, to any other Person from the date hereof until August 1, 2004, and thereafter to any Person whom RBX has reason to know intends to use, or to distribute or sell to any other Person whom RBX has reason to know intends to use, such extruders or other equipment in the manufacture of Products (or any products competitive with the Products) in or for the Markets. During the term of this Agreement, except for the manufacturing, marketing, distribution and sales of New Products or raw materials used in the manufacture thereof to the extent permitted under Section 3(g), Nomaco shall not, directly or indirectly, alone, through any of its affiliates or any Business Acquired by Nomaco, or together with or on behalf of any other Person, including as a s...
Exclusivity; Non-Competition. (a) During the term of this Agreement, or any extensions of this Agreement, Endorser and the Lender hereby agree and warrant that it will not enter into any other endorsement agreement for the use of Endorser’s name, image and/or likeness for advertising, marketing and/or endorsement of any other dietary supplements during the Term of this Agreement. Notwithstanding the foregoing, the following will not be a breach of this Agreement: (i) Endorser’s performance of services or appearing in the news or informational portion of any radio, TV or film or entertainment program regardless of products or services therein or sponsorship thereof; (ii) Endorser’s participation in movies or TV programs as well as merchandising, commercial tie-ins and/or product placements utilizing Endorser, or (iii) Endorser’s performance of services, appearance or use of his name, likeness in connection with charitable events, sports events, organizations, regardless of usage of products or services and/or sponsorship thereof.
Exclusivity; Non-Competition. Executive acknowledges that (a) his employment by Fender (which for purposes of Sections 11, 12 and 13 shall mean Fender, its subsidiaries and affiliates) is of a special, personally unique, artistic, unusual, extraordinary and intellectual character, and (b) the nature of Executive’s services, position and expertise is such that he is capable of competing with Fender from nearly any location in the world. Executive further acknowledges that his employment hereunder will, throughout the Employment Period, bring him into close contact with many confidential affairs of Fender, including without limitation information about costs, profits, customers, markets, sales, products, key personnel, pricing policies, operational methods, trade secrets and other business affairs and methods and other information not readily available to the public, and plans for further development (“Confidential Information”). In recognition of the considerations described in the foregoing provisions of this Section 11 and in the preamble to this Agreement, Executive covenants and agrees that, during the Employment Period and thereafter for any period after termination of the Employment Period during or for which Executive receives payments, compensation and/or severance pay from Fender, , he will not, in the United States of America, or in any state or other country in which Fender is engaged in any Competitive Business (as defined in the last sentence of this Section 11), directly or indirectly: (i) enter into the employ of or render any services to any person, firm or corporation engaged in any Competitive Business; (ii) engage in any Competitive Business for his own account; (iii) become interested in any Competitive Business as an individual, partner, shareholder, creditor, director, officer, principal, agent, employee, trustee, consultant, advisor or in any other relationship or capacity; (iv) induce, for Executive or any other person or entity, any present or future employee of Fender to leave the employ of Fender and/or seek or accept employment with Executive or with any other person or firm engaged in a Competitive Business; provided, however, that nothing contained in this Section 11 shall be deemed to prohibit Executive from acquiring, solely as an investment through market purchases, securities of such a corporation engaged in any Competitive Business which are registered under Sections 12(b) or 12(g) of the Securities Exchange Act of 1934 and which are publicly traded so...
Exclusivity; Non-Competition. 19.1 At any time during the Term when Nevro is obligated to purchase or otherwise purchases one hundred percent (100%) of its requirements for Products in the Field of Use from CCC in accordance with the Minimum Purchase Requirements, and as long as Nevro satisfies the Minimum Purchase Requirements (but if Nevro purchases such one hundred percent (100%) during Contract Year 1, and Nevro notifies CCC that Nevro intends to invoke the exclusivity requirements under this Section 19.1, then the Minimum Purchase Requirements for Contract Year 1 will equal [***] IPG Products in order to trigger such exclusivity requirements, and if Nevro purchases such one hundred percent (100%) during Contract Year 2, and Nevro notifies CCC that Nevro intends to invoke the exclusivity requirements under this Section 19.1, then the Minimum Purchase Requirements for Contract Year 2 will equal [***] IPG Products in order to trigger such exclusivity requirements, CCC agrees that it shall not, and shall cause any entity then-affiliated with CCC (including Greatbatch Ltd. and its affiliates) through their distributors, resellers or agents of any type or nature or otherwise, develop, manufacture, market, distribute or sell any complete medical devices (i.e., any devices that require regulatory approval) within the Field of Use, except to Nevro; provided that CCC and any such then-affiliated entities may continue developing, manufacturing, marketing, distributing and selling any such complete medical device (and any improvements thereto) that CCC or such then- affiliated entity was developing, manufacturing, marketing, distributing and selling at the time the restriction described in this Section 19.1 became effective.
Exclusivity; Non-Competition. [***], ADDEX and OMP and their respective Affiliates shall not conduct, have conducted or fund any research or development activities directed at [***], except as permitted under this Agreement.
Exclusivity; Non-Competition. 3.5.1 Until the expiration of the Royalty Term in each country in the Territory, neither AEGIS nor any of its Affiliates shall, directly or indirectly engage in any activities or participate in any business or otherwise compete with OPIANT (including without limitation by developing, researching, manufacturing, selling, offering for sale, licensing, offering for license, covenant not to sue a third party, agreeing to sell or license, divesting or transferring rights, including without limitation any AEGIS Technology, to any third party) anywhere in the Territory with respect to the Exploitation of any therapeutic containing a Compound or derivative or active metabolite of a Compound without the prior written consent of OPIANT.
Exclusivity; Non-Competition. 2.2.1 Except as expressly set forth in this Agreement, during the Term, Catalyst, by itself, its Affiliate or through any Third Party, shall not, directly or indirectly, develop, seek Regulatory Approval for, manufacture, import, market, sell, distribute, or otherwise Commercialize any Drug Product that is a Therapeutic Equivalent of the Product (“Competitive Product”) or otherwise work on the development of, or supply of any Competitive Product (i) in the Territory, or (ii) to any Third Party outside the Territory which Catalyst knows, or should know, that such Third Party intends to import such Competitive Product in the Territory.
Exclusivity; Non-Competition. 19.1 CCC agrees that it shall not, directly or indirectly, through its affiliated companies, distributors, resellers or agents of any type or nature or otherwise, develop, manufacture, market, distribute or sell any products that utilize any Resulting Property, the “Resulting Property” as defined under the Engineering Agreement, or any Intellectual Property gained directly or indirectly from Nevro during the performance of this Agreement or the Engineering Agreement unless specifically authorized in writing by Nevro.
Exclusivity; Non-Competition. During the term of this Agreement, except for limited manufacturing and sales of RBX Products and Products in accordance with Sections 3(b)
