Canada and Mexico. Consistent with normal industry practices in a licensing arrangement of this nature, and in an effort to advance the potential for making the Licensed Products available for the treatment of cancer patients in the U.S. and throughout the Territory, TARCANTA LTD. and TARCANTA LTD. agree, upon receipt of applicable Regulatory Approvals, to market and sell the Licensed Products purchased from CIMAB in the Other Countries, in accordance with the terms and conditions of this Agreement.
Canada and Mexico. As between Canada and Mexico:
1. Except as provided in paragraphs 3 through 6, in respect of any measure related to the internal sale and distribution of wine and distilled spirits, Article 301 shall not apply to:
(a) a non-conforming provision of any existing measure;
(b) the continuation or prompt renewal of a non-conforming provision of any existing measure; or
(c) an amendment to a non-conforming provision of any existing measure to the extent that the amendment does not decrease its conformity with Article 301.
2. The Party asserting that paragraph 1 applies to one of its measures shall have the burden of establishing the validity of such assertion.
(a) Any measure related to the listing of wine and distilled spirits of the other Party shall: (i) conform with Article 301, (ii) be transparent, non-discriminatory and provide for prompt decision on any listing application, prompt written notification of such decision to the applicant and, in the case of a negative decision, provide for a statement of the reason for refusal, (iii) establish administrative appeal procedures for listing decisions that provide for prompt, fair and objective rulings, (iv) be based on normal commercial considerations, (v) not create disguised barriers to trade, and (vi) be published and made generally available to persons of the other Party.
(b) Notwithstanding paragraph 3(a) and Article 301, and provided that listing measures of British Columbia otherwise conform with paragraph 3(a) and Article 301, automatic listing measures in the province of British Columbia may be maintained provided they apply only to existing estate wineries producing less than 30,000 gallons of wine annually and meeting the existing content rule.
(a) Where the distributor is a public entity, the entity may charge the actual cost- of-service differential between wine or distilled spirits of the other Party and domestic wine or distilled spirits. Any such differential shall not exceed the actual amount by which the audited cost of service for the wine or distilled spirits of the exporting Party exceeds the audited cost of service for the wine or distilled spirits of the importing Party.
(b) Notwithstanding Article 301, Article I (Definitions) except for the definition of "distilled spirits", Article IV.3 (Wine), and Annexes A, B, and C, of the Agreement between Canada and the European Economic Community concerning Trade and Commerce in Alcoholic Beverages, dated February 28, 1989, shall apply with such c...
Canada and Mexico. Dover warrants to Buyer that all new rolling grilles, aluminum and Clearvision roller shutters, roll up screen doors, and replacement parts sold to Buyer by Dover shall be free from defects in material and workmanship for a period of 12 months from the date of shipment when properly maintained and used in normal service. The parties understand and acknowledge that this Warranty excludes the following: (a) parts, components or accessories manufactured by others (Dover hereby assigns to Buyer any warranties in favor of Dover with respect to any such parts, components or accessories that are incorporated into any doors or parts purchased by Buyer and which may be legally assigned by Dover); (b) parts that are not defective at time of delivery but which become defective by virtue of usage, including but not limited to normal wear, tear, and replacement; (c) normal maintenance;
Canada and Mexico. Subject to the terms and conditions of this Agreement, CIMAB hereby grants to TARCANTA and TARCANTA LTD. an exclusive sublicense under the Licensed Patent Rights, the Licensed Know-How, and the Improvements to make, have made, use, offer for sale, market and sell the Licensed Products in the U.S., Canada and Mexico.
Canada and Mexico. Our major export commodities to Colombia are corn, wheat, soybeans, and cotton. Services. Liberalizing trade in services can be more challenging because it requires a change in behind-the- border regulations rather than at-the-border duties. Yet services are a major source of export earnings for American
Canada and Mexico. 1. This Section applies only as between Canada and Mexico.
2. With respect to agricultural goods, Article 309(1) and (2) (Import and Export Restrictions) applies only to qualifying goods.
3. Except with respect to a good set out in Sections A or B of Annex 703.3., where a Party applies an over-quota tariff rate to a qualifying good pursuant to a tariff rate quota set out in its Schedule to Annex 302.2 or increases a customs duty for a sugar or syrup good to a rate that exceeds the rate of customs duty for that good set out in its GATT Schedule of Tariff Concessions as of July 1, 1991, the other Party waives its rights under the GATT with respect to the application of that rate of customs duty.
4. Notwithstanding Article 302(2) (Tariff Elimination), where an agreement resulting from agricultural multilateral trade negotiations under the GATT enters into force with respect to a Party pursuant to which it has agreed to convert a prohibition or restriction on its importation of an agricultural good into a tariff rate quota or a customs duty, that Party may not apply to such good that is a qualifying good an over-quota tariff rate that is higher than the lower of the over-quota tariff rate in: a) its Schedule to Annex 302.2, and
Canada and Mexico. BeiGene shall have the non-exclusive right to share responsibility for Detailing the Licensed Product on an Indication-by-Indication basis in Canada and Mexico by contributing up to […***…] of the Detailing activities, if applicable, for the Licensed Product in Canada and Mexico, to the extent the Licensed Product is marketed in any such country, on the terms and conditions set forth in this Section 5.6 (the “Ex-U.S. Co-Detailing Right”). No earlier than […***…], and no later than […***…], prior to the anticipated launch readiness date of the Licensed Product for each Indication in Canada or Mexico, Novartis shall notify BeiGene of such anticipated launch readiness date which notice shall include (i) if applicable, the expected initial size of the sales force and regional marketing managers for the Licensed Product in each such country for such Indication and (ii) an estimate of the Aggregate Detailing FTEs. BeiGene may exercise its Ex-U.S. Co-Detailing Right by providing written notice to Novartis at any time no later than […***…] prior to such anticipated launch readiness date for the Licensed Product in the applicable country for such Indication (the “Ex-U.S. Opt-In Date”). For the sake of clarity, XxxXxxx’s responsibility for Detailing activities for the Licensed Product and the BeiGene Proprietary PD-1 Inhibitor in Canada and Mexico shall not in any event exceed […***…] of the Detailing activities for the Licensed Product.
Canada and Mexico. The Sellers and Shareholders hereby acknowledge and agree that the duration, geographic scope and activity restrictions of this covenant not to compete are reasonable. The covenants contained in this Section 6.5 and each provision hereof are severable and distinct covenants and provisions. The invalidity or unenforceability of any such covenant or provision as written shall not invalidate or render unenforceable the remaining covenants or provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such covenant or provision in any other jurisdiction.
Canada and Mexico. Licensee shall have the first option to obtain from Licensor the exclusive right to Use the Xxxx in Canada and Mexico as well as the non-exclusive right to make the Related Uses in Canada and Mexico. However, should Licensee not exercise this option before the second anniversary of the Commencement Date of this agreement, then Licensor shall be free to Use and make Related Uses of the Xxxx within Canada or Mexico, or to license or otherwise authorize such Uses and Related Uses by any other entity within Canada and Mexico and Licensee shall have no further rights with respect to Canada and Mexico. During such two-year period, Licensor may present to Licensee a proposal for making a Use and Related Use of the Xxxx within Canada or Mexico. Licensee shall then have thirty (30) days to consider such proposal and notify Licensor in writing of its acceptance or rejection of such proposal. Should Licensee fail to notify Licensor of its decision with respect to such proposal within such time, or if Licensee rejects such proposal, then Licensor shall be free to proceed to consummate all transactions relating to such proposal. Additionally, Licensee's exclusivity with respect to Canada and Mexico shall terminate at such time, however, should Licensor not commence Use of the Marks based upon such proposal within six (6) months of the end of such thirty (30) day period, then Licensee's exclusivity shall be reinstated for the remainder of the two year period, subject to the terms of this paragraph.
