APPOINTMENT, PRODUCTS AND TERRITORY Sample Clauses

APPOINTMENT, PRODUCTS AND TERRITORY. A. CDC hereby appoints Distributor as an authorized CDC distributor for those CDC products designated on Exhibit "A" attached hereto and made a part hereof (hereinafter called "the Products"). Distributor's appointment shall not be applicable to any other products marketed by CDC, unless otherwise agreed by CDC hereafter, in writing. B. Distributor's appointment hereunder is applicable in the geographic territory designated on Exhibit "A" (hereinafter called the "Territory"). As used herein, the term "outside sale" shall denote any sale of the Products by an authorized CDC distributor for installation outside of it appointed territory, and the term "approved outside sale" shall denote any such sale which has been approved in advance by CDC. Distributor shall refrain from making or offering to make any outside sales, other than approved outside sales. CDC's approval in any particular instance shall not be binding upon it in subsequent instances. C. Distributor's appointment hereunder is non-exclusive. Nothing contained herein shall preclude CDC from appointing other distributors, either within or outside the Territory, from selling the Products directly to end users within or outside the Territory, or otherwise marketing the Products as it sees fit. D. Distributor understands and acknowledges that it is CDC's objective to appoint only those distributors deemed by CDC to meet its qualification, and that the total number of distributors so appointed by CDC be no greater than that deemed by CDC to be sufficient to serve the market for the Products. In order to ensure CDC's ability to accomplish such objective, Distributor shall refrain from selling the Products to any subdistributors and shall sell the Products only to end users, unless otherwise agreed by CDC in writing.
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APPOINTMENT, PRODUCTS AND TERRITORY. 1.1 The Company hereby appoints Distributor on an exclusive basis as its distributor for the sale of the products listed in Annex 1 (hereinafter the "Products") during the term of this Agreement. CytoSorbents Exclusive Distribution Agreement EU Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. 1.2 Fields of application and medical speciality covered by Distributor (hereinafter the "Application Fields") include all CRRT, dialysis and hemoperfusion machine run treatments in: · Intensive Care Medicine and Emergency Medicine (including burn, trauma and medical units) · Post-surgical care in general · Post-cardio/thoracic -surgical care · Nephrology · Gastroenterology · Toxicology 1.3 Fields of application and medical speciality covered by Distributor do not include: · Intraoperative treatments run in a cardio-pulmonary bypass (on heart-lung- machines) 1.4 Distributor shall not, without the prior written consent of the Company sell, market or distribute any version of any of the Products other than the version the Company shall designate from time to time as its most current version. 1.5 Distributor shall use all commercially reasonable efforts to promote and sell the Products to the maximum number of customers in the Territory and Application Fields. 1.6 The Company is appointing Distributor hereunder with respect to the resale of Products to any purchasers whose principal place of business is located in the Territory and Application Fields. 1.7 Distributor shall not engage in any advertising or promotional activities relating to the Products directed primarily to customers outside the Territory and Application Fields without prior written consent of the Company. Distributor shall provide to the Company any and all statements (for advertising or other purpose) related to therapeutic or other claims it may make related to Products for written approval by the Company prior to use. CytoSorbents Exclusive Distribution Agreement EU Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amende...
Sample 1
APPOINTMENT, PRODUCTS AND TERRITORY. Rockford appoints Dealer and Dealer accepts appointment as a retail dealer for sale of the Rockford products (the "Products") from the retail outlets (the "Outlets") and with primary responsibility for sales in the territory (the "Territory") as each is described in the Addendum to this Agreement. Dealer may not advertise or sell the Products outside the Territory, as described in the Addendum.
Sample 1
APPOINTMENT, PRODUCTS AND TERRITORY. 1. ACS hereby appoints Durco as its nonexclusive and independent sales representative to market and sell the Metering Pumps anywhere in the world. This appointment is subject to, and there is excluded from this appointment, any exclusive territorial rights of those sales representatives of FSD whose agreements were assigned to and assumed by ACS as part of the FSD transaction.
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APPOINTMENT, PRODUCTS AND TERRITORY 
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Related to APPOINTMENT, PRODUCTS AND TERRITORY

  • Country and Territory Names The country and territory names (including their IDN variants, where applicable) contained in the following internationally recognized lists shall be withheld from registration or allocated to Registry Operator at All Levels: the short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union <xxxx://xxx.xxx.xxx/iso/support/country_codes/iso_3166_code_lists/iso-3166-1_decoding_table.htm>; the United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and the list of United Nations member states in 6 official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names; provided, that the reservation of specific country and territory names (including their IDN variants according to the registry operator IDN registration policy, where applicable) may be released to the extent that Registry Operator reaches agreement with the applicable government(s). Registry Operator must not activate such names in the DNS; provided, that Registry Operator may propose the release of these reservations, subject to review by ICANN’s Governmental Advisory Committee and approval by ICANN. Upon conclusion of Registry Operator’s designation as operator of the registry for the TLD, all such names that remain withheld from registration or allocated to Registry Operator shall be transferred as specified by ICANN. Registry Operator may self-allocate and renew such names without use of an ICANN accredited registrar, which will not be considered Transactions for purposes of Section 6.1 of the Agreement.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Territory 33.1 This Agreement applies to the territory in which CenturyLink operates as an ILEC in the State. CenturyLink shall be obligated to provide services under this Agreement only within this territory. 33.2 Notwithstanding any other provision of this Agreement, CenturyLink may terminate this Agreement as to a specific operating territory or portion thereof pursuant to Section 6.7 of this Agreement.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

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