Competitive Products. Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.
Competitive Products. In furtherance of its best efforts duties, and in recognition of the unique healthcare and related responsibilities in connection with the distribution of the Products, during the Term of this Agreement and for six (6) months thereafter, Distributor shall not anywhere in the Territory market or sell any product or material that performs substantially the same function as, or competes with, the Products as defined in Schedule 1. During the Term and for five (5) years thereafter, Distributor shall not manufacture or reproduce, or cause to be manufactured or reproduced, anywhere in the Territory any product or material that performs substantially the same function as, or competes with, the Products, without limitation on the exercise by Manufacturer of its industrial and intellectual property rights.
Competitive Products. Distributor will do everything within its power to feature, promote, and advertise, as part of its merchandising and sales policy, the Equipment and use its best efforts to stimulate and increase interest in IDSI's Equipment. IDSI understands that some existing and some new customers may request competitors' products. Distributor will use its best efforts to sell, market and distribute the IDSI Equipment to such customers. Distributor will give IDSI the opportunity to assist with these accounts.
Competitive Products. “Competitive Products” are products and/or services that are the same as, substantially similar to (in terms of type, brand or purpose) or a competitive alternative for the products and/or services offered by the Company or its Affiliates in its business, including but not limited to products: (i) regarding which you performed any services for the Company or its Affiliates at any time during the 24-month period preceding the termination of your Service; and/or (ii) about which you had access to any Confidential Information at any time during the 24-month period preceding the termination of your Service.
Competitive Products. A. Unless authorized by the Company in writing, neither Representative nor any other entity in which Representative or any of its principals has any ownership or other financial interest, shall act, at any time during the term of this Agreement, as a sales representative for any products or product lines which are in any way similar in design, function or intended use to Company Products, or which otherwise are competitive, in the Company's sole judgment, with the Company Products.
B. In order to ensure Representative's compliance with subparagraph A. hereof, Representative shall identify, from time to time, when requested by the Company, all products or product lines other than the Company Products, for which Representative (or any other business entity in which Representative or any of its principals has any ownership or other financial interest) is acting as a sales representative. Representative, in any event, shall notify the Company in writing, whenever Representative or any such other business entity is contemplating the commencement of representation for any additional products or product line(s).
Competitive Products. (a) Following the Determination and during the Term of this Agreement in the event that Alcon (i) initiates human clinical trials of a Competitive Product with the intention of commercializing such Competitive Product during the Term of this Agreement; (ii) initiates commercial sale of a Competitive Product; or (iii) enters into an agreement pursuant to which it acquires rights to a Competitive Product (whether by assignment, license or otherwise) with the intention of commercializing such Competitive Product during the Term of this Agreement, other than an agreement described in Section 3.8(b), then Pharmacyclics shall have the right to immediately terminate this Agreement. Alcon shall promptly notify Pharmacyclics if it undertakes any of the above activities.
(b) In the event Alcon acquires a third party entity and such third party entity was, at the time of such acquisition, developing or commercializing a Competitive Product (an "Acquired Company Competitive Product"), Alcon shall provide written notice of such acquisition and a description of the Acquired Company Competitive Product to Pharmacyclics and the following shall apply:
(i) if, at the time of such acquisition, the Acquired Company Competitive Product has received MA anywhere in the Territory and the Licensed Product has not yet received MA anywhere in the Territory, Alcon shall continue with development of the Licensed Product as set forth in this Agreement (including, but not limited to, in accordance with Sections 8.1 and 8.2). Within thirty (30) days of the date upon which the Licensed Product receives MA anywhere in the Territory, Alcon shall elect whether to (x) continue commercializing the Acquired Company Competitive Product in the Territory or (y) commence commercializing Licensed Product in the Territory and shall provide written notice to Pharmacyclics indicating which option it has elected. In the event Alcon elects to continue commercializing the Acquired Company Competitive Product in the Territory, then Pharmacyclics shall have the right to immediately terminate this Agreement. In the event Alcon elects to commence commercializing Licensed Product in the Territory, then Alcon shall, within (*) of such election, cease marketing and selling (and enabling third parties to market and sell) Acquired Company Competitive Product in the Territory.
(ii) if, at the time of such acquisition, the Acquired Company Competitive Product has not yet received MA anywhere in the Territory and the...
Competitive Products. During the entire Term of this Agreement:
(A) No Competitive Products shall be sampled, sold, served or dispensed anywhere at the Facilities;
(B) No permanent or temporary advertising, signage or trademark visibility for Competitive Products shall be displayed anywhere at the Facilities.
(C) No agreement will be entered into or maintained by the Customer and/or its designated Food Service Operator pursuant to which Competitive Products will be associated with the Customer or the Facilities in any advertising or promotional activity that creates a relationship or connection between Competitive Products and the Customer or the Facilities.
Competitive Products. If a Competitive Product (as defined below in this Section 4.3) reaches a ****** equal to or greater than ****** percent (******%) of the ****** for the New Product marketed by Novo, then the royalties otherwise payable in accordance with Section 4.1 with respect to such New Product, and the minimum royalties otherwise payable in accordance with Section 4.2, with respect to such New Product shall be ****** by the applicable percentage set forth below: ****** of Competitive Product ****** Royalty Rate Otherwise Payable More than ****** ****** More than ****** ****** More than ****** ****** More than ****** ******
Competitive Products. During the Term, the Distributor shall not promote or sell, directly or indirectly, any products or treatments manufactured or offered for sale by another person or entity, which product or treatment serves the purpose of localized fat removal or body sculpting for esthetic purposes [by freezing] (the “Field”) (each, a “Competing Product”). Distributor warrants that it does not promote or sell, directly or indirectly, any Competing Products as of the Effective Date. During the Term (as defined below), Distributor shall disclose to Zeltiq any new products or treatments for use in the aesthetic improvement field that Distributor intends to promote or sell, as well as the manufacturer of such products or treatments, prior to promoting or selling such products or treatments and Distributor will have the right to promote and sell such products as long as they are not reasonably deemed by Zeltiq to be Competing Products.
Competitive Products. Distributor agrees not to represent or sell other products which are deemed to be competitive with the Company's Products unless agreed to by the Company by written notice.
