Conditions for Exclusivity Sample Clauses

Conditions for Exclusivity. (A) Licensee's exclusive rights in the Exclusive Territory as provided in Section 2.1(a)(ii)(y) above shall last (i) in Group 1 Countries, for a term of five (5) years from the Effective Date unless further extended as provided for in Attachment A, unless this Agreement is earlier terminated, and (ii) in Group 2 Countries, for successive 12 months periods from the Effective Date during the term of this Agreement, so long as Licensee meets the performance requirements set forth in Attachment A during the preceding 12 months. In addition, DTC may revoke Licensee's exclusive status in Group 2 (but not Group 1) of the Exclusive Territory if the government(s) of the applicable country/ies is/are not satisfied with the performance and quality of the OMCs supplied by Licensee, or a competitive bid is requested by the government(s) of the applicable country/ies, or is required by the applicable law of such country/ies, in which case Licensee's license shall be non-exclusive as to such country/ies. (B) It is understood and agreed between the parties hereto that DTC and its Subsidiaries, including LSC, have and shall continue to have the right to make OMCs in the Territory and to sell OMCs and related products and services directly to those end-user customers and value added reseller ("VARs") customers they have a relationship with as of the Effective Date in an Exclusive Territory and to any end-user customers or VARs in the Non-Exclusive Territory. Similarly, any card distribution licensee or VAR of DTC and its Subsidiaries as of the Effective Date shall have the right to sell OMCs to customers located in any country throughout the world where they have the right to sell as of the Effective Date, including the Exclusive Territory. That is, the exclusivity of Licensee is subject to prior-granted rights and customer relationships. However, so long as Licensee has satisfied the conditions to retain exclusivity in Group 1 and Group 2 countries, DTC agrees and shall cause LSC to agree during the exclusivity period, not to (a) prohibit VARs in Group 1 and Group 2 countries from purchasing OMCs from Licensee, (b) sell any OMCs directly in the Exclusive Territory to any customer with whom it does not have a relationship as of the Effective Date, (c) grant any license to any third party to use the Media Production Technology for the manufacture of OMCs in Slovenia, or, without offering Licensee such right first, in the Group 1, Group 2, or Group 3 countries, (d) grant righ...
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Conditions for Exclusivity. The conditions for MyTurn's exclusivity under section 2.7 be as follows: Calendar Year 2000 Royalties for GlobalPC Devices 250,000 units or equivalent cash payment. Calendar Year 2001 Royalties for GlobalPC Devices 850,000 units or equivalent cash payment. Calendar Year 2002 Royalties for GlobalPC Devices 1,500,000 units or equivalent cash payment. Calendar Year 2003 Royalties for GlobalPC Devices 2,250,000 units or equivalent cash payment. Calendar Year 2004 Royalties for GlobalPC Devices 3,000,000 units or equivalent cash payment. For renewal past the Calendar Year 2004, the Parties agree to use the Calendar Year 2004 3,000,000 units or equivalent cash payment as the minimum royalty payment necessary to maintain exclusivity for the NewDeal Licensed Technology for future years under the Agreement. In the event that the unit volume or equivalent cash payments are not made by MyTurn in the specified timeframes, MyTurn will forfeit its exclusivity to the NewDeal Licensed Technology.
Conditions for Exclusivity. Supplier may, at its sole discretion, re-appoint Purchaser as a non-exclusive reseller of licenses to the Software (and thus remove the exclusive reseller right provided under Section 8.2) prior to the expiration of the Exclusivity Period, if: (a) Purchaser does not perform in accordance with any of the Purchase Targets (insofar such non-performance is not a result of Supplier’s refusal to accept Orders placed in accordance with this Agreement); (b) the SHA is terminated; or (c) Purchaser breaches Section 8.3 or Section 8.4.

Related to Conditions for Exclusivity

  • Requests for Exclusion (Opt-Outs) 8.5.1 Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 60 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election to be excluded from the Settlement and includes the Class Member’s name, address and email address or telephone number. To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline. 8.5.2 The Administrator may not reject a Request for Exclusion as invalid because it fails to contain all the information specified in the Class Notice. The Administrator shall accept any Request for Exclusion as valid if the Administrator can reasonably ascertain the identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or otherwise susceptible to challenge. If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge. 8.5.3 Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Paragraphs 6.2 and

  • Requests for Exclusion 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class. 9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice. 9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order. 9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class. 9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement. 9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. 9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date. 9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement. 9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.

  • Requests for Extension The Borrower may, by notice to the Administrative Agent (who shall promptly notify the Lenders) not earlier than 90 days and not later than 35 days prior to an anniversary of the Closing Date (each, an “Applicable Anniversary Date”), request that each Lender extend such Lender’s Maturity Date for an additional year from the Maturity Date then in effect for such Lender hereunder (such Lender’s “Existing Maturity Date”). The Borrower may request such an extension no more than two times.

  • For example If an employee utilises two weeks recreation leave over a period of four weeks at half pay, service based entitlements (e.g. personal leave, long service leave, paid parental leave) will be deferred by two weeks.

  • Responsibility for Equipment City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City.

  • Requirements for E- Bidders 3.1. For Individual/ Joint E-Bidders, the following documents shall be uploaded during online registration; 3.1.1. Copy of Identification Documents (both sides) 3.1.2. Evidence of deposit payment 3.2. For Agent acting for Individual/ Joint Online Bidders, the following documents shall be uploaded during online registration; 3.2.1. Copy of Identification Documents (both sides) of Individual/ Joint Online Bidder 3.2.2. Copy of Identification Documents (both sides) of Agent 3.2.3. Copy of letter of authorization to bid 3.2.4. Evidence of deposit payment 3.3. For Company, the following documents shall be uploaded during online registration: 3.3.1. Copy of Identification Documents (both sides) of the representative. 3.3.2. Copy of letter of authorization to bid under the Company’s Letter Head 3.3.3. Form 24; Form 44; Form 49 (or their equivalent forms under the Companies Act 2016)

  • Credit for Experience 33.01 Credit for nursing experience will be credited on the following basis: (a) The Employer will credit a newly hired regular full-time nurse with one (1) annual service increment for each completed year of related experience up to the after eight (8) years step of the salary grid and credit a regular part-time nurse, up to the after twelve thousand (12,000) hours step, based on substantiated hours worked. (b) If there has been a break in excess of two years in the nurses’ full-time or part-time employment, then the number of increments to be provided shall be at the discretion of the Employer. 33.02 In order to receive credit for experience it is the nurse’s responsibility to provide the Employer with verification satisfactory to the Employer, of previous related experience during her probationary period. Should a nurse fail to provide such satisfactory verification during her probation she shall forfeit the provisions of this Article. 33.03 Once established consistent with the above provisions, credit for recent related experience will be retroactive to the new nurses date of hire. 33.04 Nurses on staff prior to the signing of this agreement, will be credited with experience as set out under this Article, effective the first full pay period following the date the Employer has confirmed entitlement to such increment, subject to 33.02 above.

  • Responsibility for Evaluation Within each school the Principal will be responsible for the evaluation of employees assigned to that school. Evaluation will be made by the Principal or a qualified administrator. An employee assigned to more than one school will be evaluated by the Principal of the school in which the employee is assigned for the greater amount of time, with input provided by the Principal of the other school. Any Principal or person charged with the responsibility of evaluation of employees may involve other staff and students in the process if acceptable to the certificated teacher being evaluated.

  • No Liability for Errors CenturyLink is not liable for mistakes in their respective signaling networks (including but not limited to signaling links and Signaling Transfer Points (STPs)) and call- related databases (including but not limited to the Line Information Database (LIDB), Toll Free Calling database, local Number Portability database, Advanced Intelligent Network databases, Calling Name database (CNAM), 911/E911 databases, and OS/DA databases).

  • Procedures for Exercise The manner of exercising the Stock Option herein granted shall be by written notice to the Secretary of the Company at the time the Stock Option, or part thereof, is to be exercised, and in any event prior to the expiration of the Stock Option. Such notice shall state the election to exercise the Stock Option, the number of shares of Stock to be purchased upon exercise, the form of payment to be used, and shall be signed by the person so exercising the Stock Option.

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