Degree of Exclusivity Sample Clauses

Degree of Exclusivity. Except as otherwise provided herein, the license granted in Section 2.1 shall be exclusive for the life of the Agreement. As used herein, "exclusive" shall mean that Profile may not grant any other license to any other third party of the Licensed Technology, in whole or in part, within the Field of Use, and that Profile and its Affiliates may not practice any claim encompassed within the foregoing within the Field of Use. Notwithstanding the foregoing, Profile and other third parties reserve the right to make, to have made, use or sell, directly or through others, for any products embodying or otherwise using the Licensed Technology for applications outside the Field of Use.
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Degree of Exclusivity. The license granted in Section 2.1(a) is exclusive. As used herein, “exclusive” shall mean that Spectrum may not:
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Degree of Exclusivity. Except as otherwise provided herein, the license granted in Section 2.1 shall be exclusive for the life of the Agreement. As used herein, "exclusive" shall mean that CS Medical may not grant any other license to any other third party of the Licensed Technology, in whole or in part, and may not itself practice any claim encompassed within the foregoing on a commercial basis within the Field of Use. Notwithstanding the foregoing, CS Medical and its Affiliates may use any of the Licensed Technology solely and exclusively for their own internal and noncommercial research and development purposes within the Field of Use, and CS Medical and other third parties reserve the right to make, to have made, use or sell, directly or through others, for any products embodying or otherwise using the Licensed Technology for applications outside the Field of Use.
Sample 1
Degree of Exclusivity. The licensee's ability to grant sub-licenses of the licensed trademark. See Assignment and Other Dealings. • Quality control in relation to the licensed trademark. See Quality Control. • Payments (for example, how and when the licensee should make payment to the licensor, and how the amounts due are to be calculated). See Payment. There will be other provisions to consider, and mutual obligations to be placed on both of the parties, to ensure that the terms of the license work for all. There will be various considerations for each of the parties, depending on the circumstances. The licensor will want to ensure that the licensee has sufficient financial resources to be able to pay royalties in accordance with the payment terms. The licensee will want to ensure that the licensor and its brand has a good reputation in the marketplace, as this could impact on the licensee's ability to sell licensed goods or services bearing the licensed trademark. Both parties will also need to consider the potential impact of their license on competition in the relevant marketplace. Federal Law No. 12.529/2011 (known as the Competition Act) grants decision-making power to the Brazilian Antitrust Authority (Conselho Administrativo de Defesa Econômica (CADE)). XXXX has the power to investigate agreements, including trademark licenses, which could be problematic from an antitrust perspective if, the trademark, and the promotion of the trademark, make it difficult for new competitors to enter the marketplace, representing a strong barrier to entry. XXXX might deem it necessary to suspend the offending trademark, to make room for competitors. Depending on the circumstances, the suspension could be for a determined period of time, or within a specific territory. XXXX also has the federal administrative power to impose alternative remedies, such as: • The compulsory licensing of the trademark for a determined period of time to new market entrants with less than 20% market share. • The sale of the trademark. The parties are free to challenge these remedies before the courts.
Sample 1

Related to Degree of Exclusivity

  • Notice of Exclusive Control So long as the Securities Intermediary has not received a Notice of Exclusive Control (as defined below), the Securities Intermediary may, subject to paragraph (ii) below, comply with entitlement orders of the Lien Grantor or any duly authorized agent of the Lien Grantor in respect of the Account and any or all financial assets credited thereto. After the Securities Intermediary receives a written notice from the Secured Party that it is exercising exclusive control over the Account (a "Notice of Exclusive Control"), the Securities Intermediary will cease complying with entitlement orders of the Lien Grantor and any of its agents.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • No Exclusivity It is expressly understood and agreed by the parties that this is not an exclusive agreement. Nothing in this Agreement shall be construed as creating any exclusive arrangement with Contractor or as prohibit City from either acquiring similar, equal, or like goods and/or services or from executing additional contracts with other entities or sources.

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • For clarity the time allowances provided in clause 2.10 shall operate to reduce the maximum timetabled classroom teaching time specified in clause 4.2 of this agreement.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Geographic Scope The "Territory," which defines the geographic scope of the covenants contained in this Section 7, shall extend to and include all of the states (or foreign equivalent) in which the Company does business as M&A advisors or private placement equity advisors.

  • Limited Exclusivity The Sub-Adviser agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as "Environmentally Qualified" or otherwise "Socially Responsible" within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Adviser are not exclusive, and that nothing in this Agreement shall prevent the Sub-Adviser from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Company (whether or not their investment objectives and policies are similar to those of the Funds) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Adviser's ability to meet its obligations to the Funds hereunder. When the Sub-Adviser recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Adviser recommends the purchase or sale of the same security for the Funds, it is understood that in light of its fiduciary duty to the Funds, such transactions will be executed on a basis that is fair and equitable to the Funds. In connection with purchases or sales of portfolio securities for the account of the Funds, neither the Sub-Adviser nor any of its directors, officers or employees shall act as a principal or agent or receive any commission. If the Sub-Adviser provides any advice to its clients concerning the shares of the Funds, the Sub-Adviser shall act solely as investment counsel for such clients and not in any way on behalf of the Company or the Funds. The Sub-Adviser provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Adviser with respect to the Fund. Nothing in this Agreement shall impose upon the Sub-Adviser any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Funds, any security which the Sub-Adviser, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Xxxxx of License Georgia Institute of Technology shall grant the Student a limited, nonexclusive, nontransferable and revocable license to use and occupy an assigned space in a Georgia Institute of Technology facility in accordance with the terms and conditions of this Contract (the “License”). The parties to this Contract do not intend that an estate, a tenancy, or any other interest in property should pass from Georgia Institute of Technology to Student. Instead, it is the intention of the parties that the relationship between Georgia Institute of Technology and Student be that of licensor and licensee and the sole right of Student to use the assigned space as a living unit shall be based upon the License granted in this Contract.