Appointment Grant of Rights Sample Clauses

Appointment Grant of Rights. 2.1 Subject to the terms and conditions contained in this Agreement, BMI hereby appoints as an authorized distributor of the Product and hereby accepts such appointment. Subject to the terms and conditions of this Agreement, BMI grants to for the duration of the Term (as defined below), a non-exclusive, revocable, royalty-bearing, license (“License”) to market and distribute the Product to End Users, specifically, ISPs, ASPs, and/or Enterprises, within the Territory and that are using the Solaris operating system. The parties understand and agree that pricing, as provided herein, is dependent on the End User type, e.g., ISP, ASP or Enterprise, and the manner in which the End User will pay for the Product, e.g., for all Customers existing on its email services or for those Customers receiving the benefit of the Services. will report the End User type and the manner in which the End User is paying for the Product to BMI as provided in Section 6, 9, and Exhibit C, herein. will provide the Product to End Users pursuant to an End User License Agreement. may distribute the Product directly, or indirectly via its authorized resellers (each a “Reseller”). may appoint one (1) or more persons to act as a Reseller, provided that has written agreements with each such Reseller containing terms protecting BMI and its proprietary Product to the same extent as provisions relies on to protect its own products (“Reseller Agreement”). will take all reasonable measures to enforce such provisions in favor of BMI to the same extent that it would enforce such Reseller Agreements on its own behalf. may only grant Resellers the right to make sales to End Users. Each Reseller Agreement will contain provisions making BMI a direct and intended third party beneficiary of such Reseller Agreement, such that BMI may enforce its proprietary and intellectual property rights against any of ’s End Users and Resellers. 2.2 In connection with ’s sale and distribution of the Products to End Users, BMI will be solely responsible for the delivery of the Services to End Users, directly, and BMI agrees to provide the Services in accordance with the same policies and procedures that it uses to provide the Services to its own direct customers and licensees. will have no right or license to distribute, display or otherwise make available the Rules or Rule Updates. Brightmail may, at its sole discretion, and subject to the then-current fee, if any, and subject to certain restrictions, allow to distribu...
Sample 1
AutoNDA by SimpleDocs
Appointment Grant of Rights. 2.1 Subject to the terms and conditions contained in this Agreement, BMI hereby appoints Reseller as an authorized reseller of the Product and Reseller hereby accepts such appointment. Subject to the terms and conditions of this Agreement, BMI grants to Reseller for the duration of the Term (as defined below), a non-exclusive, revocable, royalty-bearing, license (“License”) to market and resell the Product and Product Support to Corporations within the Territory in accordance with the terms and conditions of this Agreement. Reseller will market and resell the Product and Product Support directly to Corporations, and not through another reseller, or other third parties. Reseller may not transfer, license or sublicense such distribution rights. Reseller represents and warrants that the Product licensed under this Agreement is licensed on its behalf as a reseller only. 2.2 Reseller shall determine the price at which it resells the Products and Product Support to Corporations at its sole and entire discretion.
Sample 1
Appointment Grant of Rights. Napo hereby appoints RedHill, together with its Affiliates, and grants to RedHill and its Affiliates, the right to Promote the Product to physicians in the Specialty in the Territory for the Field of Use.
Sample 1
Appointment Grant of Rights. Subject to the terms and conditions hereinafter set forth, Concordia hereby appoints RedHill, together with its Affiliates, as the exclusive (including as to Concordia) Promoter of, and grants to RedHill and its Affiliates, the exclusive (including as to Concordia) right to Promote and commercialize the Product for the Field of Use in the Territory. To the extent that an Affiliate of RedHill performs any of the responsibilities and obligations of RedHill hereunder, RedHill shall remain liable for such performance as if RedHill performed the responsibilities and obligations itself subject to the terms and conditions set forth in this Agreement.
Sample 1
Appointment Grant of Rights. Subject to the terms and conditions of this Agreement: (a) Revance (on behalf of itself and its Affiliates) hereby appoints Xxxxxxx, and Teoxane accepts appointment, as the exclusive distributor of the Products in the Field in the Territory; and (b) Revance (on behalf of itself and its Affiliates) hereby grants to Teoxane (i) an exclusive (even as to Revance and its Affiliates), non-transferable (except as provided in Section 13.01), license, with the right to grant sublicenses as provided in Section 2.02, under the Revance Licensed Technology, solely to register with Regulatory Authorities (for any purposes other than for the Regulatory Approval), keep and Commercialize the Products in the Field in the Territory and to use the Revance Trademarks in connection with the foregoing; and (ii) a non-exclusive, royalty-free, non-transferable (except as provided in Section 13.01), license, with the right to grant sublicenses as provided in Section 2.02, under the Revance Licensed Technology, solely to keep, use and import the Products outside of the Territory, but in each case solely for export to and Commercialization in the Field in the Territory and to use the Revance Trademarks in connection with the foregoing. For the avoidance of doubt, nothing herein shall be construed as a license to manufacture or purify any Product or any component thereof.
Sample 1
Appointment Grant of Rights. ParaPRO hereby appoints RedHill, together with its Affiliates, and grants to RedHill and its Affiliates, the exclusive (including as to ParaPRO) right and license to Promote and commercialize the Product to physicians in the Specialty in the Territory and the non-exclusive right and license to promote and market the Product in the Field of Use.
Sample 1
Appointment Grant of Rights 
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs

Related to Appointment Grant of Rights

  • Grant of Rights The Company hereby grants registration rights to the Designated Holders upon the terms and conditions set forth in this Agreement.

  • Appointment of Right Agent The Company hereby appoints the Right Agent to act as agent for the Company for the Rights, and the Right Agent hereby accepts such appointment and agrees to perform the same in accordance with the terms and conditions set forth in this Agreement.

  • Appointment of Rights Agent The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable.

  • Grant of Right In addition to the demand right of registration described in Section 5.1 hereof, the Holder shall have the right, for a period of no more than two (2) years from the Initial Exercise Date in accordance with FINRA Rule 5110(g)(8)(D), to include the Registrable Securities as part of any other registration of securities filed by the Company (other than in connection with a transaction contemplated by Rule 145(a) promulgated under the Securities Act or pursuant to Form S-8 or any equivalent form); provided, however, that if, solely in connection with any primary underwritten public offering for the account of the Company, the managing underwriter(s) thereof shall, in its reasonable discretion, impose a limitation on the number of Shares which may be included in the Registration Statement because, in such underwriter(s)’ judgment, marketing or other factors dictate such limitation is necessary to facilitate public distribution, then the Company shall be obligated to include in such Registration Statement only such limited portion of the Registrable Securities with respect to which the Holder requested inclusion hereunder as the underwriter shall reasonably permit. Any exclusion of Registrable Securities shall be made pro rata among the Holders seeking to include Registrable Securities in proportion to the number of Registrable Securities sought to be included by such Holders; provided, however, that the Company shall not exclude any Registrable Securities unless the Company has first excluded all outstanding securities, the holders of which are not entitled to inclusion of such securities in such Registration Statement or are not entitled to pro rata inclusion with the Registrable Securities.

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Termination of Rights The right of first refusal granted the --------------------- Company by Section 3(b) above and the option to repurchase the Shares in the event of an involuntary transfer granted the Company by Section 3(c) above shall terminate upon the first sale of Common Stock of the Company to the general public pursuant to a registration statement filed with and declared effective by the Securities and Exchange Commission under the Securities Act. Upon termination of the right of first refusal described in Section 3(b) and the expiration or exercise of the Repurchase Option, a new certificate or certificates representing the Shares not repurchased shall be issued, on request, without the legend referred to in Section 6(a)(ii) below and delivered to Purchaser.

  • Annual Notification of Rights If the LEA has a policy of disclosing Education Records and/or Student Data under FERPA (34 CFR § 99.31(a)(1)), LEA shall include a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest in its annual notification of rights.

  • Reservation of Rights NYISO and Connecting Transmission Owner shall have the right to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Developer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein.

  • Expiration of Rights The Rights will expire on the earliest of (a) 5:00 p.m., New York City time, on December 30, 2021 (b) the time at which the Rights are redeemed (as described in Section 6 below), and (c) the time at which the Rights are exchanged in full (as described in Section 7 below).

  • STATEMENT OF RIGHTS 4.1. The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. The Contractor may be asked to give a verbal presentation of its proposal after submission. Failure of Contractor to respond to a request for additional information or clarification could result in rejection of the Contractor’s proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!