Appointment and Grant. 2.1 Subject to the terms and conditions of this Agreement, XDx hereby appoints Diaxonhit for the Term, on an exclusive basis, to Promote and Distribute the Product in the Territory and Diaxonhit hereby accepts such appointment.
2.2 Subject to the terms and conditions of this Agreement, XDx hereby grants to Diaxonhit an exclusive license for the Term to Promote and Distribute the Product in the Territory in accordance with this Agreement under the Trademark and using the Patents and the Information, together with the right to grant sub-licenses, subcontract and sub-distribute its rights in accordance with this Agreement. Diaxonhit may grant sublicenses only in accordance with clause 2.12 or with the prior written consent of XDx.
2.3 XDx shall have no right to Promote, Distribute, offer for sale and/or sell the Product or Competing Products in the Territory in any manner, including under the Trademark or using the Patents, and to grant to any Person or Persons the right and license to do any or all of the foregoing. In the event XDx undergoes a Change of Control, this Section 2.3 shall not apply to any independent products or tests developed and/or commercialized by any acquiror or merger partner of XDx.
2.4 Diaxonhit shall not and shall procure that its Affiliates, Sales Agents and Sub-Distributors will not Distribute or Promote Product directly or indirectly to any Person in any country that is outside of the Territory.
2.5 Diaxonhit undertakes, subject to termination or expiry of this Agreement, that it shall purchase its and its Affiliates’ and Sales Agents entire requirement of the Products exclusively from XDx or the Designee during the Term of this Agreement.
2.6 Diaxonhit undertakes, subject to termination or expiry of this Agreement, that, for the Term and for a period of no longer than two (2) years from the expiry or termination date hereof it shall not, and shall ensure that its Affiliates shall not, be engaged or interested directly or indirectly in the development, manufacture, formulation, packaging, promotion, sale, or distribution in the Territory of any Competing Product. In the event Diaxonhit undergoes a Change of Control, this Section 2.6 shall not apply to any independent products or tests developed and/or commercialized by any acquiror or merger partner of Diaxonhit.
2.7 Diaxonhit shall:
(A) keep full and proper books of account and records showing clearly all enquiries, quotations, transactions and proceedings relating to Products;
(B...
Appointment and Grant. The Chargor irrevocably appoints the Security Agent, each Receiver and any of their respective delegates or sub-delegates to be its attorney or attorneys and in its name and otherwise on its behalf and as its act and deed to sign, seal, execute, deliver, perfect and do all deeds, agreements, instruments, acts and things which may be required (or which the Security Agent, the Receiver or any of their respective delegates or sub-delegates shall consider requisite) for carrying out any obligation imposed on the Chargor by or pursuant to this Deed, for carrying out any sale, transfer, assignment, lease or other dealings by the Security Agent, the Receiver or any of their respective delegates or sub-delegates, for getting control of the Secured Shares, and generally for enabling the Security Agent, the Receiver or any of their respective delegates of sub-delegates to exercise the respective powers, rights, authorities and discretions conferred on them or any of them by or pursuant to this Deed or by law and (without prejudice to the generality of the foregoing) to sign, seal and deliver and otherwise perfect any deed, assurance, agreement, assignment, charge conveyance, mortgage, transfer, instrument or act which it or he may deem proper in or for the purpose of exercising any of the such powers, rights, authorities and discretions.
Appointment and Grant. In accordance with the terms and subject to the conditions of this Agreement, and with effect from the date first set forth above, ZIM hereby appoints Distributor as a distributor of the Products and, as such, grants to Distributor a limited, non-exclusive, non-transferable right:
(i) to market the Products to potential Customers within the Territory;
(ii) to distribute the Products to Customers within the Territory in accordance with the ZIM Software License Agreement;
(iii) to provide maintenance and support to Customers in respect of the Products;
(iv) to sub-license the rights described in clauses (i) to (iii) above to its Sub-Distributors.
Appointment and Grant. (1) The Franchisor hereby grants to the Franchisee, during the continuance of this Agreement and any renewals thereof, the sole and exclusive right and license to sell the Products at the Premises (as more particularly described in Clause 3).
(2) The Franchisee shall display the following words or such similar words as may from time to time be specified by the Franchisor at the Premises: “A [insert name of Franchisor business] Franchise owned and operated under License by [insert name of Franchisee]”. Same wordings shall be displayed upon all letter headings, bills, invoices and other documents and literature used by the Franchisee in connection with the operation of the Franchise.
Appointment and Grant. Upon and subject to the terms and conditions set forth in this Agreement, the Company appoints the Contractor, and the Contractor agrees to act, as the Company's exclusive Contractor of the Products in the Territory. The Company shall sell the Products to the Contractor, and the Contractor shall purchase the Products from the Company for resale, leasing, marketing or other distributions solely within the Territory except as otherwise set forth herein.
Appointment and Grant. Subject to the terms and conditions set forth herein IDM hereby:
(a) appoints the Distributor from the Date of Signature as its exclusive distributor to promote, market, sell, distribute and subject to Articles 3.2 and 3.4, develop the Product in the Territory for the Indication and the Distributor hereby accepts such an appointment; and
(b) grants to the Distributor (i) a non-transferable save as provided in Article 17.3, exclusive license to use the Patents, Product Marks, the IDM Know How and the Know-How in the Territory and (H) a non-transferable, non-exclusive, non assignable, save as Article 17.3, license to use the IDM Marks, in connection with the Distributor’s promotion, marketing, sale and distribution of the Product for the Indication in the Territory.
Appointment and Grant. In consideration of and upon and subject to the terms and conditions of this Agreement IFMA/FMN agrees, during the continuance of this Agreement, to provide nonexclusive partnership/sponsorship privileges to the Partner/Sponsor for the Event as set out in the Confirmation of Order.
Appointment and Grant. 1.1. EA grants to you, and you accept from EA, the right and obligation from the Start Date and throughout the Term (subject to and conditional on the terms of this NMA):
a) to operate Your EA Business in accordance with the System;
b) to provide the Services to clients (optionally using the Trade Name);
c) to access and use in Your EA Business the Intellectual Property including the EA Materials and Admin Panel ; but in each case on an entirely non-exclusive basis.
Appointment and Grant. GTC and ATIII LLC hereby grants XXX, and XXX accepts from GTC and ATIII LLC, an exclusive license (even as to GTC) within the Field in the Territory with the right to sublicense within the Territory under the GTC Intellectual Property Rights, Trademarks and Technical Information owned by, or licensed to, GTC and ATIII LLC to import, store, package, label, use, develop, register, sell, and offer for sale, distribute and have imported the Product in the Field and in the Territory. XXX shall undertake to inform GTC of such sublicenses within ************ days prior to entering into an agreement, and give GTC an opportunity to comment and ensure that such sub licensees adhere to the conditions set out in this Agreement to the extent necessary to protect the proprietary rights of GTC and ATIII LLC pursuant to this Agreement. In no other respect, other than as set out in this Agreement, may XXX or its sublicensees practice GTC Intellectual Property Rights, Trademarks and Technical Information.
Appointment and Grant. Appointment as authorised representative
2.1 AHL Investments appoints the Franchisee as its authorised credit representative and the Franchisee accepts such appointment and agrees to provide the Services on the terms and conditions of this Agreement.
2.2 The Franchisee acknowledges and agrees that AHL Investments may at any time, issue an Authorised Notice, amend any Authorised Notice issued or revoke the credit representative authorisation given to the Franchisee, in the event of:
(a) breach, or non-compliance, by the Franchisee with any one of the Documents;
(b) breach of credit legislation and all other applicable laws;
(c) any reasonably suspected fraud, unauthorised credit activity or any activity on behalf of the Franchisee or an Employee which is reasonably suspected to amount to misconduct.
2.3 Clause 2.2 of this Agreement is subject to the UCT Qualification.
