Cross Sales. (a) Notwithstanding anything to the contrary in this Agreement and subject to the provisions of this Section 12.3, nothing in this Agreement is intended to prohibit an End User from selling CHIRON Licensed Product purchased from ROCHE, its Affiliates or an Authorized Distributor to another person or entity [***] within the Region ("Cross Sales").
(b) Notwithstanding the provisions of Section 12.1 of this Agreement or anything in this Agreement to the contrary, if at any time during the Term CHIRON forms a reasonable belief that significant Cross Sales are occurring within the Region, it will promptly inform ROCHE in writing of the existence and basis of such belief. [***].
Cross Sales. As further inducement for entering into the Purchase Agreement, the parties agree as follows:
(a) Seller agrees to market and sell the retirement plan administration services (the "Administration Services") provided by the Companies for a period of three (3) years (the "Term"). Seller will use its best commercial efforts in selling and marketing Administration Services on behalf of the Companies. During the Term, Seller agrees that it will not market and sell Administration Services for any party other than the Companies. Seller agrees and acknowledges that the Companies will determine the pricing of each of the Administration Services to be sold by Seller and what Administration Services are to be marketed and sold at any specific time. All costs incurred by Seller in connection with the marketing and sale of the Administration Services shall be the sole responsibility of Seller. NIM acknowledges and agrees that the Seller shall not be required to devote its full time to the provision of services hereunder and that such services will be provided on a schedule to be determined by Seller, subject to its availability and prior commitments.
(b) NIM agrees to market and sell the fiduciary services (the "Fiduciary Services") provided by Advisory during the Term. During the Term, NIM will not market and sell fiduciary services for any party other than Advisory. NIM will use its best commercial efforts in selling and marketing Fiduciary Services on behalf of Advisory. NIM agrees and acknowledges that Advisory will determine the pricing of each of the Fiduciary Services to be sold by NIM on its behalf and what services are to be marketed and sold at any specific time. All costs incurred by NIM in connection with the marketing and sale of the Fiduciary Services shall be the sole responsibility of NIM. Seller acknowledges and agrees that NIM shall not be required to devote its full time to the provision of services hereunder and that such services will be provided on a schedule to be determined by NIM, subject to its availability and prior commitments.
(c) Seller agrees that certain of Advisory's investment advisory products shall be made available to NIM for use on NIM's investment advisory platform.
Cross Sales. (1) A vital issue to the spirit of this agreement, is the concept of "cross sales" of each party's products by the other party. "Cross Sales" will include but are not limited to the Packer providing to the Company the exclusive rights to label, market, and sell the product line called "Smoothies", originally developed by the Packer subject to the conditions set forth above, other Packer-label products; and the Company providing to the Packer the option to have the exclusive right to market and sell, through a licensing agreement (or some mutually agreed to alternative method), Aqua Vie Products through the Packer's Food Services Distribution Network, subject to potential acceptable sales demand therefor.
Cross Sales. Without limiting the applicability of Section 2 hereof or any other provision of this Agreement, with respect to any Underwriter who is or is affiliated with any person or entity engaged to act as an investment adviser on behalf of a client who has a direct or indirect interest in the Offered Shares being sold by a Selling Stockholder, the Offered Shares being sold to such Underwriter shall not include any Shares attributable to such client (with any such Offered Shares instead being allocated and sold to the other Underwriters) and, accordingly, the fees or other amounts received by such Underwriter in connection with the transactions contemplated hereby shall not include any fees or other amounts attributable to such client.
Cross Sales. The HSBC Companies and their Affiliates shall not, directly or indirectly, market, offer or sell any products or services, other than Settlement Products, to any Client, without the prior written consent of the Block Companies; provided, in the event the Block Companies consent to the marketing, offering or selling of any products or services described in this Section 14.13 to a Client, the HSBC Companies shall negotiate, in good faith, with the Block Companies to determine the amount of any fee to be paid by the HSBC Companies to the Block Companies for the right to market, offer or sell any products or services described in this Section 14.13. The restrictions set forth in the immediately preceding sentence shall not prohibit the HSBC Companies and their Affiliates from marketing, offering or selling any products or services to any Client if such Client's name and contact information was obtained through sources independent of any Block Company. In addition, the restrictions set forth in the first sentence of this Section 14.13 shall not prohibit the HSBC Companies and their Affiliates from marketing, offering or selling any products or services to any Client via general solicitations to the public-at-large or if such Client is an unsolicited walk-in customer. The HSBC Companies shall not direct or request, in any manner, any third party source to provide or accept from any third party source any potential customer lists developed or predicated on parameters similar to those of Clients.
Cross Sales
