Competing Products. The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.
Competing Products. Distributor agrees that it will not distribute or represent any Products in the Territory which compete with the Products during the term of this Agreement or any extensions thereof.
Competing Products. (a) Mallinckrodt shall promptly notify MBI of an opportunity for Mallinckrodt to acquire, purchase, or license from a third party any technology relating to products described in SECTIONS 1.05, and which is not covered by any Technology Rights, or which does not incorporate, is not covered by or is not made by the use of Know-how (the "MALLINCKRODT PURCHASED COMPETING TECHNOLOGY"). Mallinckrodt shall license its rights to the Purchased Competing Technology to MBI upon MBI's satisfactory undertaking of 40% of all past, present and future costs and expenses (including future royalties or other payments) incurred or to be incurred by Mallinckrodt in connection with or arising out of the acquisition, purchase or license of the Mallinckrodt Purchased Competing Technology. Such license shall provide for an economic arrangement similar to that for ALBUNEX established pursuant to this Agreement. If MBI does not satisfactorily undertake within a reasonable time to pay 40% of all such costs and expenses, Mallinckrodt may utilize its rights to the Mallinckrodt Purchased Competing Technology in any manner whatsoever free and clear of any restraints or obligations imposed by this Agreement; without limitation, it may manufacture or purchase from others any products made by using the Mallinckrodt Purchased Competing Technology.
(b) MBI shall promptly notify Mallinckrodt of an opportunity for MBI to acquire, purchase, or license from a third party of any technology relating to products described in SECTIONS 1.05, and which is not covered by any Technology Rights, or which does not incorporate, is not covered by or is not made by the use of Know-how (the "MBI PURCHASED COMPETING TECHNOLOGY"). MBI shall license its rights to the MBI Purchased Competing Technology to Mallinckrodt upon Mallinckrodt's satisfactory undertaking of 60% of all past, present and future costs and expenses (including future royalties or other payments) incurred or to be incurred by MBI in connection with or arising out of the acquisition, purchase or license of the MBI Purchased Competing Technology. Such license shall provide for an economic arrangement similar to that for ALBUNEX established pursuant to this Agreement. If Mallinckrodt does not satisfactorily undertake within a reasonable time to pay 60% of all such costs and expenses, MBI may utilize its rights to the MBI Purchased Competing Technology in any manner whatsoever free and clear of any restraints or obligations imposed by this Agreeme...
Competing Products. The Representative has the right to carry and sell products other than and in addition to the Products provided, however, that unless otherwise agreed by the parties, the Representative shall not sell, distribute, advertise or in any way deal in or with any products, which, in the opinion of Ilios, are competitive with any of the Products.
Competing Products. During the Term of this Agreement, Distributor shall not market, sell, manufacture, prepare, package, or distribute, directly or indirectly, or assist any third party in engaging in the business of manufacturing, marketing, selling, or distributing any Energy Drink/s or products reasonably likely to be confused with any of the Products in the Territory or reasonably likely to be perceived by consumers as confusingly similar to or be passed off as Products (“Competing Products”), except that Distributor may manufacture, prepare, package, market, sell and distribute and otherwise engage or assist any third party in engaging in the business of manufacturing, marketing, selling or distributing in the Territory Competing Products that: (a) are owned, marketed, sold or distributed by KO or an Affiliate of KO, or (b) were internally developed by KO or any of its Affiliates, in each case (a) and (b), to the extent KO is not otherwise prohibited from marketing, selling or distributing such Competing Products pursuant to a written agreement between XXX or MEC and KO. If under the terms of any written agreement between XXX or MEC and KO, KO authorizes Distributor to sell Competing Products, then Distributor agrees that it shall be obligated at all times to allocate and devote at least such resources and efforts (in all material respects) to the promotion, marketing, sale, and distribution of the Products as are substantially proportional to the ratio that the volume of Distributor’s sales of Products bears to the volume of Distributor’s sales of Competing Products.
Competing Products. During the term of this Agreement, DISTRIBUTOR and all officers, directors, shareholders, employees, agents or representatives of a company to be formed (collectively, "Agents"), and any entity in which DISTRIBUTOR or any of its Agents has a direct or indirect controlling ownership interest, shall not, directly or indirectly, promote, sell or distribute any fuel additive or similar product(s) which are directly competitive with the PRODUCT. Any such violation by the DISTRIBUTOR shall have the DISTRIBUTOR immediately deemed to be in default of this Agreement.
Competing Products. (a) Seller agrees that during the period commencing on the Closing Date and ending on the earlier of (1) the seventh anniversary of the Closing Date or (2) if Seller has not received any Product Royalties for any consecutive two-year period during the Royalty Period, the last day of such two-year period (the “Restricted Period”), Seller shall not directly or indirectly, (i) engage in or assist anyone other than Purchaser in engaging in the Restricted Business; (ii) have an interest in any Person that engages directly or indirectly in the Restricted Business in any capacity, including as a partner, shareholder, member, employee, principal, agent, trustee or consultant; or (iii) knowingly cause, induce or encourage any actual or reasonably prospective client, customer, supplier or licensor of Purchaser with respect to the Intended Use of the Trapper Surgical Products (including any existing or former client or customer of Seller with respect to the Intended Use of the Trapper Surgical Products), or any other Person who has a business relationship with the Purchaser with respect to the Intended Use of the Trapper Surgical Products, to terminate or adversely modify any such actual or prospective relationship. Notwithstanding the foregoing, (w) Seller may own, directly or indirectly, solely as an investment, securities of any Person traded on any national securities exchange if Seller is not a controlling Person of, or a member of a group which controls, such Person and does not, directly or indirectly, own 5% or more of any class of securities of such Person; (x) Purchaser acknowledges that ERGO Systems are currently manufactured, distributed, sold, marketed, developed and/or otherwise promoted by Seller as multi-purpose camera imaging systems, including for use in, but not marketed solely for use in, the Restricted Business, and agrees that Seller shall have the right to continue to manufacture, distribute, sell, market, develop and/or otherwise promote its ERGO Systems for use in the Restricted Business consistent in all material respects with its practices as of the Closing, except that Seller expressly agrees that it shall not modify the ERGO Systems in any way for the purpose of enhancing their use in the Peri-Operative Field, change its marketing strategy as in effect at the Closing to promote the ERGO System for use in the Peri-Operative Field to a greater extent than the manner in which such use is promoted as of the Closing (e.g., by moving the use of...
Competing Products. Nothing herein shall preclude or in any way limit the right of SANParks to grant such further or other PPPs or to enter into other agreements or to construct or procure the construction of other products outside of the Project Site as it in its sole discretion deems fit, and without derogating from the generality of the foregoing, in respect of the Other Thesens Island Projects, nor shall the Private Party have any claim arising from the grant of such further or other PPPs or from the construction of such other products: Provided that SANParks shall fulfil the obligations set out herein with due regard to the rights granted to the Private Party in terms of this PPP Agreement.
Competing Products. Unless otherwise agreed in writing, during the term hereof, RESELLER shall not adapt, manufacture, sell, rent, distribute, market, promote or solicit the sale of any product which is competitive with the Products without prior written consent from [*].
Competing Products. If at any time during the term of this Agreement, one or more competitors introduce in any country a product that competes with a LICENSED PRODUCT, then the parties in good faith shall promptly review the facts and circumstances, and if appropriate, negotiate an equitable adjustment to the royalty rate on NET SALES of such LICENSED PRODUCT in that country.
