Exclusive Distribution Rights. Subject to the terms, conditions and limitations of the Agreement, Red Mile hereby grants to Publisher, and Publisher hereby accepts from Red Mile, the exclusive right and license to Commercially Exploit the Developed Title (including distributing a strategy guide therefore) throughout the Territory during the Term of this Agreement, in the retail channel or via electronic download (either from Publisher directly or through its sub-distributors). For the avoidance of doubt, retail channel shall include brick and mortar stores, catalogs, as well as Internet-based retailers such as Xxxxxx.xxx and AOL. Publisher shall use commercially reasonable efforts to market the Developed Title effectively and competitively in the Territory. However, Codemasters makes no representation or warranty that the marketing and promotion of the Game shall be successful or that any minimum level of royalties shall become due to Red Mile beyond the Development Advances.
Exclusive Distribution Rights. Subject to Customer meeting its obligations under this Agreement (and specifically the provisions of Section 9.2.1), and subject to the previously reserved market rights of other Spectra customers defined in Schedule 3, Spectra hereby grants to Customer the exclusive right to supply Customer Products into Customer's Exclusive Field.
Exclusive Distribution Rights. PetCARE TV grants BUTLER exclusive dxxxxxxution rights in the United States for the Monthly DVD Magazine and Welcome Home DVD for sale to any non-AAHA (American Animal Hospital Association) hospitals in the United States.
Exclusive Distribution Rights. Subject to the provisions of Section 2.1(a), (b), (c), and (d), Transnetyx hereby grants to Taconic, and Taconic hereby accepts from Transnetyx, the exclusive rights, even as to Transnetyx, to market, sell, and distribute Services to, and to accept orders for the purchase of the Services from Taconic Accounts in the Territories:, as set forth in this Agreement.. Taconic shall have the exclusive right, even as to Transnetyx, to enter into Supply Contracts for Services with any customer included in Taconic Accounts in the Territories provided, however that such Supply Contracts must include provisions (the form and content of which provisions are approved by Transnetyx) which will provide that, in the event this Agreement is terminated by Transnetyx pursuant to Section 12 as a result of an Event of Default by Taconic, Transnetyx may, if it so chooses, serve as an assignee from Taconic for the right to deliver and sell the Services to the customers. Taconic may extend such exclusive rights to any of its Affiliates, provided, however that such Affiliates shall be bound by the terms of this Agreement and any such extension must be approved in writing by Transnetyx, which approval shall not be unreasonably withheld, prior to any such extension. All volumes of Services generated pursuant to this Section 2.1 shall be deemed Taconic Volume.
Exclusive Distribution Rights. During the Term of this Agreement, Supplier hereby appoints Ottobock and its Affiliates and Marketing Partners as its exclusive authorized distributor with the right to promote, market, sell, , package and distribute (collectively, “Distribute” or the act of “Distribution”) the Products (i) throughout the Territory and (ii) to the Exclusive Customers, and Ottobock hereby accepts such appointment. Supplier shall not, directly or indirectly, (i) sell or Distribute the Products, (ii) establish any branch or warehouse with the intent to market, Distribute or sell the Products, or (iii) appoint any representatives for the marketing, Distribution or sale of the Products, in each case in the Territory or to the Exclusive Customers. Supplier shall promptly direct to Ottobock all inquiries related to the sale or Distribution of the Products in the Territory or from the Exclusive Customers. Ottobock and its Affiliates and Marketing Partners shall have an obligation to purchase or Distribute Products pursuant to Section 4.4, and to use commercially reasonable efforts to actively promote the Products in the Territory and to the Exclusive Customers, and shall have discretion to determine the nature and extent of their Distribution efforts hereunder, it being understood that any such efforts shall be contingent upon Supplier’s satisfaction of Ottobock’s Customers demands and its obligations under this Agreement.
Exclusive Distribution Rights. (a) CCS hereby designates and appoints Grupo Taper as its sole agent to distribute the Product (as hereinafter defined) in the territory described on EXHIBIT A attached hereto and incorporated herein by this reference (the "Territory"), subject to and conditioned upon the following exceptions:
Exclusive Distribution Rights. (a) Medafor hereby grants to CryoLife, and CryoLife hereby accepts, the exclusive right to promote, market, sell and distribute (collectively, “Distribute”) the Product throughout the Territory for all uses and applications in the Field. Medafor shall not, directly or indirectly, Distribute, or permit Distribution of, Products or the MPH Product anywhere in the Territory for any uses or applications in the Field, either on its own behalf or through any Affiliate or Third Party. CryoLife shall not, directly or indirectly, Distribute, or permit Distribution of, the Product anywhere in the Territory for any uses or applications outside of the Field, either on its own behalf or through any Affiliate or Third Party.
Exclusive Distribution Rights. 2.1. SDS hereby appoints the Distributor as its sole and exclusive distributor for the marketing of the Product in the Territories, as defined in Clause 2.4 below, all at the terms set out hereunder. The Distributor shall have the exclusive rights to sell, market and distribute the Product to any medical facility, governmental or municipal authority, army, and/or any other entity or person in the Territories, at the Distributor's sole discretion, provided such distribution does not conflict with any applicable local laws.
Exclusive Distribution Rights. (a) Subject to the terms of this Agreement, Hologic hereby grants to Distributor an EXCLUSIVE license to distribute its SAHARA Product solely to Target Customers as described in Exhibit C in the Territory provided that Hologic reserves the right to market, sell and license SAHARA Product for placement at Target Customers in the Territory (including without limitation through its affiliates, third-party pharmaceutical manufacturers, and with the assistance of sales agents), in accord with the terms set out in Exhibit C hereto. Hologic also reserves the right to market, sell, and license SAHARA Product directly or indirectly to Reserved Customers inside (and outside) of the Territory. Distributor shall not market, sell, license or accept orders from Reserved Customers, or for installation outside of the Territory without the advance written consent of Hologic. Distributor's rights pursuant to this Section 3(a) may be sublicensed to subdistributors in the Territory only with Hologic's prior written consent, which consent may be withheld for any reason.
Exclusive Distribution Rights. Artisanal hereby appoints KeHE as its exclusive national retail distributor in the United States (the “Territory”) with the exception of the Non-Exclusive Territory Distributors as that term is defined below. KeHE recognizes Artisanal (a) has an existing owner-operated local distribution system and utilizes overnight couriers to service its current foodservice and independent retailers, (b) has existing distribution agreements with 3rd party foodservice distribution companies and may contemplate adding new foodservice distributors which, from time to time, will service local retail outlets, although their primary focus is in servicing foodservice outlets ("Foodservice Distributors"), (c) has an existing non-exclusive agreement with a distributor, Cheezwhse, Inc. to service retail outlets in the Greater New York City and New England (Massachusetts, Rhode Island, Vermont, New Hampshire, and Maine) and (d) markets and services Costco locations via a direct delivery system. Accordingly, the term “
