Grant of Distribution Rights. DIRECTV grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non-Select Services as defined in Section 1(c) of these Terms and Conditions) transmitted over the HCG Frequencies directly to “Committed Member Residences”, as such term was defined in such Member’s Existing Member Agreement (as amended, including the Exhibits thereto). Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences shall be the same as the Programming provided and the terms and conditions in effect under Member’s Existing Member Agreement, subject to amendment by DIRECTV from time to time. Any Committed Member Residence and/or Commercial Establishment, as applicable, which subscribes to Programming shall be deemed a “Subscriber” under these Terms and Conditions. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s). Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non-Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member had the same rights with respect to Commercial Establishments under its Existing Member Agreement. The Programming that is available to be marketed C(Part I)-1 and sold to Commercial Establishments shall be subject to amendment by DIRECTV from time to time. To the extent consistent with the Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non-Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC, as master servicer for DIRECTV, of all sums required under the Agreement (including these Terms and Conditions), shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments (“Member Revenues”). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of the...
Grant of Distribution Rights. Subject to the terms and conditions of this Agreement, NBY grants to Pioneer, and Pioneer accepts, an exclusive right to Distribute the Product in the Product Field and Additional Product Field directly to Customers in the Territory for indications approved by the US FDA or by the Regulatory Authority in the Territory, for the Product. Pioneer may appoint any of its Holding Companies in the Territory, solely for so long as such entity remains a Holding Company, to Distribute Product in the Product Field and Additional Product Field in the Territory in accordance with the terms and conditions hereunder. In the event Pioneer wants to appoint any other third party (other than a Holding Company) to Distribute Product in the Product Field and Additional Product Field in the Territory, Pioneer shall enter into a written agreement (a “Subdistribution Agreement”) with such third party containing terms and conditions that are consistent with the terms and conditions of this Agreement and including provisions as materially protective of the Product and NBY as this Agreement. Pioneer shall, in addition to the quarterly report provided for under Section 6.6, provide NBY with a complete and updated list of third party subdistributors appointed by Pioneer for the Distribution of Product at the end of each quarter and otherwise upon NBY’s reasonable request. Upon NBY’s request, Pioneer shall also provide NBY with a copy of the Subdistribution Agreement (with an English translation) with any such third party subdistributor (which copy may be redacted for information not relevant to the Distribution of Product). Pioneer shall take into reasonable consideration any concerns or issues raised by NBY with respect to any such third party subdistributors and the parties agree to discuss in good faith to resolve any such concerns or issues. In any event, Pioneer shall remain responsible to NBY for all activities of its Holding Companies and/or third party appointees (including subdistributors and other subcontractors) to the same extent as if such activities had been undertaken by Pioneer itself.
Grant of Distribution Rights. 2.01 CBA hereby grants to ABI and ABI hereby accepts from CBA the exclusive right to serve as the master distributor to distribute the Products in the Territory commencing on the Commencement Date, except as otherwise described in this Article. ABI shall not, without the prior written consent of CBA, sell any Product acquired hereunder outside its respective Territory or to any party other than an Alliance Wholesaler. CBA agrees not to sell any Product to any other Person in the Territory other than ABI, Affiliated Wholesalers and Non-Affiliated Wholesalers. Additionally, CBA may sell at Brewpubs draught Product brewed on the premises; may sell to consumers packaged Product brewed on the premises at retail sites associated with Brewpubs in accordance with its current practices; may sell to consumers draught Product brewed on the premises in so-called dock sales in accordance with its current practices not to exceed 50,000 case equivalents in any calendar year. Nothing herein shall be deemed to waive or modify any agreements relating to the Kona products with the Anheuser-Xxxxx Hawaiian wholesaler operation. At the option of ABI and the respective Affiliated Wholesaler, any Affiliated Wholesaler may become an Alliance Wholesaler, and CBA shall execute any documents or instruments reasonably requested by ABI to effectuate this.
Grant of Distribution Rights. Effective upon BioCardia’s achievement of Milestone 2 and subject to the terms and conditions of this Agreement, Biomet hereby grants to BioCardia, and BioCardia hereby accepts, an exclusive (even as to Biomet), nontransferable (except in connection with the assignment of this Agreement in accordance with Section 12.4) right to Distribute the Product in the Field within the Territory. Such Distribution right shall include the right to appoint and use subdistributors for the Product.
Grant of Distribution Rights. 1.1 Subject to the terms of this Agreement, Sideware hereby grants to the Distributor a non-exclusive right to market, sell and distribute the Software in the Authorized Area to end users, value-added resellers, distributors and original equipment manufacturers ("OEMS") for the Term of this Agreement, as defined herein.
Grant of Distribution Rights. Nortel hereby grants to Distributor, for use only during the Term and only within the Territory, a personal, non-transferable, non-exclusive right to: (1) purchase Hardware in one or more of the product groups ("Product Groups") set forth in Annex B from Nortel; (2) thereafter retain the Hardware for its own use, for inventory purposes or to distribute the Hardware; (3) use Software for Distributor's internal purposes pursuant to the terms and conditions of a Software License; and (4)
Grant of Distribution Rights. NRTC grants to Member the exclusive right to market and sell DBS Services transmitted over the HCG Frequencies to Committed Member Residences as set forth in Exhibit C ___. Any Committed Member Residence which subscribes to DBS Services shall be deemed a "Subscriber" under this Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area described in Exhibit C ___, as appropriate. To the extent consistent with this Agreement and the terms of the Cable Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell DBS Services to Committed Member Residences and subject to its payment to NRTC or HCG, as appropriate of all sums required under this Agreement, shall be entitled to all revenues from such marketing and sales; provided, however that any rights to distribute any of the Cable Programming shall extend only to the extent and for the duration as may be provided under the relevant Cable Programming agreements. Member acknowledges that NRTC may be unable to obtain the right for Member to distribute Cable Programming to residences that have cable television service available.
Grant of Distribution Rights. 2.1.1 Subject to the terms of this Agreement, Iridex hereby grants Topcon and its Affiliates, and Topcon hereby accepts from Iridex on behalf of itself and its Affiliates, an appointment and right to Distribute the Products to Customers in the Territory (such rights granted under this Agreement, the “Exclusive Distribution Rights”). Such appointment and right shall, subject to the terms and conditions of this Agreement, be on an exclusive basis with respect to all Products in all countries and regions throughout the Territory; provided, however, that such appointment and right (a) in the United Kingdom expressly excludes the right to Distribute any of Iridex’s glaucoma Products set forth on Exhibit C; and (b) shall not apply to Distribution for study purposes in the United Kingdom and Ireland at those sites where the diabetic macular oedema and diode subthreshold micropulse laser (DIAMOND) study is being conducted by Iridex as of the Effective Date, but only to the extent as set forth on Exhibit D; provided, further, that Exhibit D shall include Iridex’s best estimate of (x) the quantity of Products to be sold at each such DIAMOND study site and (y) the time required to complete the sale of such Products. For the avoidance of doubt, Topcon shall have exclusive rights with respect to Distribution of any retina Products to Customers in the Territory that are not for DIAMOND study purposes, regardless of whether such study sites are listed on Exhibit D or not.
Grant of Distribution Rights. (a) During the Term, and subject to the terms of this Agreement and U.S. export law, FCE hereby grants to POSCO Energy and POSCO Affiliate, as applicable, an exclusive right to distribute, sell, import, export, install, commission, service and/or repair POSCO Cells, POSCO Modules (incorporating POSCO Cells), POSCO Modules, POSCO Products, FCE Product Line and/or other products incorporating FCE Technology, in the Asia Market.
Grant of Distribution Rights. A. SEYCHELLE hereby grants to ABMS the right to distribute and sell each of the PRODUCTS within India on an on-going basis, and for a minimum of ten (10) years.
