Conversion to Non-Exclusive. Following the Initial Period, in the event that Reliant fails to purchase the Minimum in any two (2) consecutive calendar quarters pursuant to Section 2.8 hereof, ASL as its sole remedy hereunder shall on thirty (30) days written notice shall be relieved of the restriction on sales to third parties of Active Ingredient set forth in Section 2.1(b) hereof. Reliant, however, shall have the option during the thirty days following notice from ASL to purchase such amounts of API as necessary to satisfy the Minimum for the calendar quarters in question in which case the restriction on sales of Active Ingredient to third parties set forth in Section 2.1(b) shall remain in full force and effect.
Conversion to Non-Exclusive. The term of the License Agreement has been extended and Section 5.0 has been replaced with the following:
Conversion to Non-Exclusive. Despite anything to the contrary in this AGREEMENT, upon the occurrence of any one or more of the following events, and unless and until terminated under any rights to terminate under this AGREEMENT (specifically including any termination events that include a cure period), any SOLE or exclusive license grants under this AGREEMENT will (a) immediately become non-exclusive at OWNER’s sole discretion and (b) any rights to future sublicense will immediately terminate at OWNER’s sole discretion; LICENSEE is specifically not entitled to any cure period to avoid such conversion to non-exclusive:
Conversion to Non-Exclusive. CVDI shall have the right to convert the exclusivity of Dade's rights to sell the Products and to use the Trademarks to a non-exclusive distribution agreement at any time the minimum sales to end users, as set forth in Section 7.4, are not met. Such right shall be exercised upon at least sixty (60) days' prior written notice. Upon exercise of such conversion right: (a) CVDI will not sell Alliance Cards, including cards calibrated to Dade reagents, or Dade Alliance Cards, except to Dade; provided, however, that if CVDI exercises such conversion right in 1997, CVDI shall not be limited as to any sales of cards calibrated to Dade reagents; provided, however, CVDI may not sell Cards bearing Dade marks except to Dade;
Conversion to Non-Exclusive. Notwithstanding anything to the contrary contained herein, the exclusive appointment and license set out in Sections 2(a) and 2(b) shall become non-exclusive if:
(i) at any time during the Term hereof, CHT breaches Section 2(d) as determined by arbitration in accordance with Section 19(c) or by a final non-appealable judgment of a court of competent jurisdiction; or
(ii) at any time after November 1, 2010 CHT fails to achieve annual revenues of $500,000.
Conversion to Non-Exclusive. Provided that this Agreement has not been terminated prior to the expiration of the Listing Period, and provided Client does not enter into an exclusive listing agreement with a different broker following such expiration, NC&C is authorized to continue listing the Property for the purposes stated above and negotiating the lease of the Property on a non-exclusive basis. All rights and obligations under this Agreement, other than NC&C’s right to act as Client’s exclusive real estate broker, shall extend through such non-exclusive period (the “Non-Exclusive Period”). Client may terminate NC&C’s rights under this Paragraph 7, without cause, upon not less than two (2) days’ notice.
Conversion to Non-Exclusive. Unless sooner terminated, the license granted to DuPont Merck in Section 10.1.1(i) and (iii) shall become a non-exclusive license without any further action on the part of Mitotix or DuPont Merck seven (7) years after the expiration of the CDK Research Program, including any extensions thereof. Following the conversion of such license to a non-exclusive license, Mitotix shall have the right to develop, make, have made, use and sell products in the CDK Field and in the CDK non-D Field.
Conversion to Non-Exclusive. Unless sooner terminated, the license granted to DuPont Merck in Section 10.2.1 (i) shall become a non-exclusive license without any further action on the part of Mitotix or DuPont Merck seven (7) years after the expiration of the UBC Research Program, including any extensions thereof. Following the conversion of such license to a non-exclusive license, Mitotix shall have the right to develop, make, have made, use and sell products in the UBC Field. If DuPont Merck does not exercise its option to commence the Extended UBC Collaboration, the license granted to DuPont Merck in Section 10.2.1 shall terminate as provided in Section 5.5.
Conversion to Non-Exclusive. 60.1 If during the period of exclusivity and prior to transfer of rights under part 7, PDS FINANCIAL fails to comply with the terms of this Agreement, and such failure or failures are material breaches, then DIGIDEAL may convert one or more of the exclusive rights granted to PDS FINANCIAL hereunder into non-exclusive rights, subject to applicable gaming laws. Conversion shall also be possible if PDS FINANCIAL becomes insolvent, bankrupt, fails to perform, or is for other reason unable to effectively conduct business.
60.2 Such conversion shall be effected by DIGIDEAL sending a certified letter, return receipt requested, containing a notice of default indicating the failure or breach of this Agreement upon which conversion is to be based. PDS FINANCIAL shall then have a thirty day period to prepare a plan, which outlines how the failure or breach will be rectified. DIGIDEAL will then indicate whether DIGIDEAL believes the plan will rectify the failure or breach. PDS FINANCIAL will have a cure period of three (3) months after DIGIDEAL states its position concerning the plan during which to rectify the failure or breach. The three month cure period will start on the date that PDS FINANCIAL receives the position of DIGIDEAL in writing. If PDS FINANCIAL fails to cure within the cure period, then conversion shall occur upon DIGIDEAL's mailing of a notice of conversion after the expiration of the cure period.
Conversion to Non-Exclusive. Despite anything to the contrary in this agreement, upon the occurrence of any one or more of the following events, and unless and until terminated under any rights to terminate under this agreement (specifically including any termination events that include a cure period), the SOLE license grant under this agreement will immediately become non-exclusive at OWNER’s sole discretion; LICENSEE is specifically not entitled to any cure period to avoid such conversion to non-exclusive: