CATEGORY THREE USES Sample Clauses

CATEGORY THREE USES. Quest Diagnostics hereby grants to SmithKline Xxxxxxx and its Affiliates a non-exclusive, perpetual, worldwide right and license to use Laboratory Data received under Section 4.02 for Category Three Uses, including the rights to receive, copy, transfer, sublicense, manipulate, integrate, disclose and display, subject to Authorization (as defined below) and the other terms and conditions of this Agreement.
Sample 1
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CATEGORY THREE USES. (a) Quest Diagnostics acknowledges that Clients of SmithKline Xxxxxxx and its Affiliates are not restricted by this Agreement from disclosing Data via the Internet provided that such disclosure complies with the other provisions of this Article V.
Sample 1
CATEGORY THREE USES. (a) During the period beginning on the Effective Date and ending on the date immediately prior to the Commencement Date, there shall be no charge for Category Three Uses of Data. Subject to Section 8.01(b), for each twelve-month period during the Initial Term, commencing on the Commencement Date or the twelve-month anniversary thereof, and for each Renewal Term, if the Term is so extended by SmithKline Xxxxxxx (each such twelve-month period or Renewal Term, an "APPLICABLE PERIOD"), SmithKline Xxxxxxx shall pay to Quest Diagnostics for Category Three Uses of Data a fee (the "APPLICABLE FEE") equal to the lowest price charged in the twelve-month period preceding such Applicable Period by Quest Diagnostics or one of its Affiliates to an IX Competitor (an "APPLICABLE CLIENT"), for similar use of laboratory data, PROVIDED that if Quest Diagnostics or its Affiliates do not provide in the normal course of the Quest Diagnostics Informatics Business similar use of laboratory data to four or more Applicable Clients, then the Applicable Fee shall be the lesser of (i) the fair market value of SmithKline Xxxxxxx'x use of the Data during such Applicable Period and (ii) the lowest price that Quest Diagnostics or one of its Affiliates charges or reasonably would charge an Applicable Client for similar use of laboratory data for such Applicable Period. The lowest price that Quest Diagnostics or one of its Affiliates charges or reasonably would charge an Applicable Client for similar use of laboratory data, as provided in the foregoing sentence, shall be determined using as a reference the prices Quest Diagnostics and its Affiliates charge Applicable Clients for separate categories of laboratory data and separate uses of such data, such as, without limitation, for use of patient identifiable laboratory data and use of encoded laboratory data for programs, services and products. The use of Data under this Agreement shall be valued based on such separate categories of laboratory data used under this Agreement (including any use via sublicenses). All consideration received or provided by Quest Diagnostics or its Affiliates in connection with this Agreement, other than equity in IX Company, and in connection with any other applicable agreement under which Quest Diagnostics or its Affiliates provide laboratory data to Applicable Clients shall be taken into account for purposes of this Section 8.01; PROVIDED that Quest Diagnostics' or its Affiliates' receipt of equity securities ...
Sample 1

Related to CATEGORY THREE USES

  • Category 2 and Category 5 Funds If you initiate and are responsible for sales of Class A shares and Class 529-A shares, a) amounting to $1 million or more or b) made to certain entities described in the Fund Prospectuses, including employer-sponsored defined contribution-type retirement plans that qualify to invest at net asset value under the terms of the Fund Prospectuses, you will be paid a dealer concession of 1.00% on sales to $10 million, plus 0.50% on amounts over $10 million up to $25 million, plus 0.25% on amounts over $25 million.

  • Category 2 Funds On each purchase order for Class A shares and Class 529-A shares of Funds listed in Category 2 on the attached Schedule A that is accepted by us and for which you are responsible, you will be paid the same compensation indicated above except as follows: Compensation as Sales Charge Percentage of as Percentage Purchases Offering Price of Offering Price Less than $100,000 3.00% 3.75%

  • Category 4 Funds On sales of Class A shares and Class 529-A shares of the Funds listed in Category 4 on the attached Schedule A, no dealer concessions will be paid.

  • Category 3 Funds On each purchase order for Class A shares and Class 529-A shares of Funds listed in Category 3 on the attached Schedule A, that are accepted by us and for which you are responsible, you will be paid compensation as follows: Compensation as Sales Charge Percentage of as Percentage Purchases Offering Price of Offering Price Less than $500,000 2.00% 2.50% $500,000 but less than $750,000 1.60% 2.00% $750,000 but less than $1 million 1.20% 1.50% $1 million or more See below None

  • Category 5 Funds On sales of Class 529-A shares of Funds listed in Category 5 on the attached Schedule A that are accepted by us and for which you are responsible, you will be paid compensation as follows: Compensation as Sales Charge Percentage of as Percentage Purchases Offering Price of Offering Price Less than $100,000 3.50% 4.25% $100,000 but less than $250,000 2.75% 3.50% $250,000 but less than $500,000 2.00% 2.50% $500,000 but less than $750,000 1.60% 2.00% $750,000 but less than $1 million 1.20% 1.50% $1 million or more See below None

  • Number; Inclusion references to the plural include the singular, the plural, the part and the whole; “or” has the inclusive meaning represented by the phrase “and/or,” and “including” has the meaning represented by the phrase “including without limitation”;

  • Threshold Neither the Sellers nor the Purchasers shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Thresholds Each Restricted Fund has one or more thresholds at which point no further amounts may be allocated to that division. Compliance with a threshold is verified whenever there is a transaction initiated which is subject to such threshold (premium payments, transfers, withdrawals). A threshold is applied to the total Accumulation Value of each Restricted Fund. Thresholds may be changed by the Company for new premiums, transfers or withdrawals by Restricted Fund upon 30 day notice.

  • Mutual Fund Entity Name Reference ID Entity Type Virginia Tax-Free Bond Fund VAB Mutual Fund - Series X. Xxxx Price Summit Funds, Inc. SIF Mutual Fund - Parent X. Xxxx Price Summit Cash Reserves Fund SCR Mutual Fund - Series X. Xxxx Price Summit Municipal Funds, Inc. SMF Mutual Fund - Parent X. Xxxx Price Summit Municipal Income Fund SMI Mutual Fund - Series X. Xxxx Price Summit Municipal Intermediate Fund SMT Mutual Fund - Series X. Xxxx Price Summit Municipal Money Market Fund SMM Mutual Fund - Series X. Xxxx Price Tax-Efficient Funds, Inc. TEF Mutual Fund - Parent X. Xxxx Price Tax-Efficient Equity Fund TMC Mutual Fund - Series X. Xxxx Price Tax-Exempt Money Fund, Inc. TEM Mutual Fund X. Xxxx Price Tax-Free High Yield Fund, Inc. TFH Mutual Fund - Parent X. Xxxx Price Tax-Free Income Fund, Inc. TFI Mutual Fund - Parent X. Xxxx Price Tax-Free Short-Intermediate Fund, Inc. TFS Mutual Fund - Parent X. Xxxx Price Tax-Free Ultra Short-Term Bond Fund TUS Mutual Fund - Series X. Xxxx Price U.S. Bond Enhanced Index Fund, Inc. UBX Mutual Fund X. Xxxx Price U.S. Large-Cap Core Fund, Inc. LCF Mutual Fund - Parent X. Xxxx Price U.S. Treasury Funds, Inc. USTF Mutual Fund - Parent U.S. Treasury Intermediate Fund USI Mutual Fund - Series U.S. Treasury Long-Term Fund USL Mutual Fund - Series U.S. Treasury Money Fund UST Mutual Fund - Series X. Xxxx Price Value Fund, Inc. VAL Mutual Fund - Parent '40 Act Registered Fund of Funds X. Xxxx Price Retirement Funds, Inc. RDF Mutual Fund - Parent X. Xxxx Price Retirement 2005 Fund RPJ Mutual Fund - Series X. Xxxx Price Retirement 2010 Fund RPA Mutual Fund - Series 50 Mutual Fund Entity Name Reference ID Entity Type

  • MINIMUM CESSION The minimum amount of reinsurance per cession that THE REINSURER will accept is shown in Schedule A.

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