Additional Covered Products Clause Samples

Additional Covered Products. If the Company develops additional Products (other than its ActiPatch Models) for sale to the Custom Foot Orthotic ("Additional Products") at any time during the Term, it will give timely written notice to the Distributor in each instance, describing the Additional Product in reasonable detail, including its regulatory status, and specifying the projected launch date and the offered price per unit to the Distributor. The Distributor shall have a right of first refusal to add the Additional Product to the Appointment as a Covered Product for purchase from the Company at the offered price per unit on the terms and conditions set forth in this Agreement. If the Distributor exercises the foregoing right of first refusal for a particular Additional Product within thirty (30) days after notice from the Company, that Product shall thereafter be added to the Appointment, and Schedule A shall be deemed to be amended accordingly for all purposes of this Agreement. If the Distributor fails to exercise the foregoing right of first refusal for a particular Additional Product within thirty (30) days after notice from the Company or if the Parties are unable to agree on any unresolved terms of the Appointment for that Product within forty-five (45) days thereafter, the Company may implement alternative distribution arrangements for the Product on terms no less favorable to the Company than the terms offered to the Distributor.