Direct Competitors Sample Clauses

Direct Competitors. Notwithstanding clause 3.20, not to assign or underlet the whole of the Premises unless: (i) the Tenant has provided reasonable notice to the Landlord of the identity of the proposed assignee; and (ii) the Landlord has provided its written confirmation that it does not consider (acting reasonably) that the proposed assignee is a direct competitor of the Landlord's business.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Direct Competitors. So long as Tenant (together with any Permitted Transferees) is leasing at least sixty percent (60%) of the Rentable Area of the Building and occupying at least ten percent (10%) of such Rentable Area, no Default exists under the terms of the Lease, and Tenant’s current financial statements confirm that Tenant’s creditworthiness is as good or better than Tenant’s creditworthiness as of the Lease Date, Landlord will not enter into any lease or other occupancy or use agreement with a Direct Competitor (as hereinafter defined) for space in any building in the Park owned by Landlord. For purposes of the foregoing, as of the Lease Date, Tenant’s “Direct Competitors” are Exact Sciences, Guardant Health, Freenome, Foundation Medicine (an affiliate of Roche) and Thrive Early Detection Corp. (an affiliate of Xxxxx Xxxxxxx). So long as no Default exists under the terms of the Lease, Tenant shall have the right by delivering written notice to Landlord (a “Substitution Notice”) to substitute or add new entities to the foregoing list of Direct Competitors (substitutions or additions shall only be effective on a prospective basis); provided such substituted or additional entity has as its primary business the conduct of liquid biopsy cancer screening (and, if such screening is done by a subsidiary or discrete business division of a company, the identified Direct Competitor shall be limited to the subsidiary or business division performing such screening). Tenant shall only have the right to deliver a Substitution Notice starting on the second (2nd) anniversary of the Commencement Date (A) one (1) time during any twenty-four (24) month period during the remainder of the Lease Term so long as Tenant remains a privately held company (i.e., no IPO has occurred), or (B) one (1) time during any twelve (12) month period if Tenant engages in an IPO and Tenant’s stock is publicly traded (in which case the updated list of Direct Competitors shall limited to the entities listed as Tenant’s competitors in Tenant’s 10-K filing that meet the criteria of Direct Competitor); provided, however, that (x) there shall at no point in time be more than five (5) entities listed so long as Tenant remains a privately held company, and (y) except as otherwise provided below, Tenant may not add to such list any entity which is then a tenant of the Park or with whom Landlord is then actively negotiating to lease space in the Park.
Sample 1Sample 2
Direct Competitors. Total Number of Rooms: ___________
Sample 1
Direct Competitors. If at any time during the term of this Letter Agreement the Company reasonably establishes that a [***], then the Company [***]. The Foundation [***]. The Company agrees [***].
Sample 1
Direct Competitors. 4.4.1 - During the Term, the Contractor shall not enter into any agreement with a Direct Competitor under which agreement the Contractor agrees to supply to that Direct Competitor satellite QKD services identical or substantially similar to the Deliverable Items and/or the Services provided under this Contract. 4.4.2 - For the avoidance of doubt, the provisions above shall not encompass Deliverable Items or constituent parts which exist as off-the-shelf products or on which no development work has been performed as part of the QKDSat Project. Further, it shall not encompass standard services which are not specifically applicable to satellite QKD, including general satellite construction, engineering, consultancy or support services.
Sample 1
Direct Competitors. Total Number of Rooms: ___________ Number of Rooms by Type: Suites: _____ Deluxe: _______ _________: __ ----------- : ---------- ------------: ---------------- --------- -------------------------------------------------------------------------------- <PAGE> General Statistics & Market Demographics CURRENCY:_____ -------------------------------------------------------------------------------- Yearly Average Occupancy in 2000:_______ Average Daily Room Rate in 2000:_ Yearly Average Occupancy in 2001:_______ Average Daily Room Rate in 2001:_ Yearly Average Occupancy in 2002:_______ Average Daily Room Rate in 2002:_ Projected Yearly Occupancy 2003: _______ Projected Daily Room Rate 2003: -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Average Length of Stay : ___________ days -------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Market Demographics Business: ____% Individuals: ____% Domestic: _____% Leisure: ____% Groups: ____% European: _____% ---- Airline Crews: ____% USA: _____% 100% ------- Others: _____% 100% ----- 100% -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Labor Cost for a minibar attendant, including all benefits: _______ per Hour ____________ Average monthly Any Union or Collective agreements ? ___________________________________________ Constraints & Restrictions relating to minibar attendants? ____________________ -------------------------------------------------------------------------------- Does Hotel offer complimentary Mineral Water?: ________ if Yes: To all Guests ________? To a specific Room type & Type of Guest (members) ______ Every day or on check-in only? ____________ Chain Policy or Hotel's own Policy? -------------------------------------------------------------------------------- <PAGE> -------------------------------------------------------------------------------- Does Hotel offer complimentary Food & Beverage amenities other than Mineral Water? -------------------------------------------------------------------------------- Does Hotel offer complimentary Coffee Service in the rooms? _____ all rooms? ___ -------------------------------------------------------------------------------- Does Hotel h...
Sample 1
Direct Competitors. Neither party will collaborate or work with the following direct competitor(s) during the term: * .
Sample 1
AutoNDA by SimpleDocs

Related to Direct Competitors

  • Competitors The Owner shall possess, in accordance with the terms of this Agreement, the following restrictions: (check one)

  • Competitor “Competitor” means any person, firm, business or other organization or entity that designs, develops, produces, offers for sale or sells products that are in competition with the products of the Company or an Affiliate as designed, developed, produced, offered for sale or sold by the Company or an Affiliate at the time of Executive’s Separation from Service.

  • Agreement not to Participate in Company’s Competitors During Executive’s employment with the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates (as defined below). Ownership by Executive, in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section. For purposes of this Agreement, “Affiliate,” means, with respect to any specific entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such specified entity.

  • Competing Business Competing Business" means any financial institution or trust company that competes with, or will compete in any of the Counties with, the Bank or any affiliate of the Bank. The term "Competing Business" includes, without limitation, any start-up or other financial institution or trust company in formation.

  • Competitive Business “Competitive Business” shall mean an enterprise that is in the business of offering banking products and/or services, which services and/or products are similar or substantially identical to those offered by the Bank during Executive’s employment with the Bank.

  • Legitimate Business Interests The Executive recognizes that the Company has legitimate business interests to protect and as a consequence, the Executive agrees to the restrictions contained in this Agreement because they further the Company’s legitimate business interests. These legitimate business interests include, but are not limited to (i) trade secrets; (ii) valuable confidential business, technical, and/or professional information that otherwise may not qualify as trade secrets, including, but not limited to, all Confidential Information; (iii) substantial, significant, or key relationships with specific prospective or existing Customers, vendors or suppliers; (iv) Customer goodwill associated with the Company’s business; and (v) specialized training relating to the Company’s technology, Services, methods, operations and procedures. Notwithstanding the foregoing, nothing in this Section 9(b) shall be construed to impose restrictions greater than those imposed by other provisions of this Agreement.

  • Outside Businesses Subject to the provisions of Section 6.3, any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee may engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar or dissimilar to the activities of the Trust, and the Trust and the Holders of Securities shall have no rights by virtue of this Trust Agreement in and to such independent ventures or the income or profits derived therefrom, and the pursuit of any such venture, even if competitive with the activities of the Trust, shall not be deemed wrongful or improper. No Covered Person, the Sponsor, the Delaware Trustee or the Property Trustee shall be obligated to present any particular investment or other opportunity to the Trust even if such opportunity is of a character that, if presented to the Trust, could be taken by the Trust, and any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee shall have the right to take for its own account (individually or as a partner or fiduciary) or to recommend to others any such particular investment or other opportunity. Any Covered Person, the Delaware Trustee and the Property Trustee may engage or be interested in any financial or other transaction with the Sponsor or any Affiliate of the Sponsor, or may act as depositary for, trustee or agent for, or act on any committee or body of holders of, securities or other obligations of the Sponsor or its Affiliates.

  • Competitive Activities During the term of this Agreement, Consultant will not, directly or indirectly, in any individual or representative capacity, engage or participate in or provide services to any business that is competitive with the types and kinds of business being conducted by Company.

  • INDEMNIFICATION BY THE COMPETITIVE SUPPLIER Competitive Supplier shall indemnify, defend and hold harmless the Town and its officers, employees, officials, consultants, representatives and independent contractors (the “Indemnified Parties”), from and against any and all costs, liabilities, losses, judgments, damages, and expenses (including reasonable attorney’s fees), arising out of third-party claims, demands, causes of action, suits or other proceedings and incurred by, on behalf of or involving the Indemnified Parties to the extent such claims, demands, causes of action, suits or other proceedings arise from or in connection with (i) any material breach by Competitive Supplier of its obligations, covenants, representations or warranties contained in this Agreement, or (ii) Competitive Supplier’s actions or omissions in connection with its performance of this Agreement to the extent that such actions or omissions were negligent or not Commercially Reasonable. Competitive Supplier further agrees, if requested by the Town in writing to do so, to investigate, handle, respond to, and defend any such claim, demand, cause of action, suit or other proceeding at Competitive Supplier’s expense. The indemnification obligation of Competitive Supplier set forth above is in addition to and not in limitation or in lieu of any other rights and remedies available to the Town. This provision shall survive the expiration or earlier termination of this Agreement.

  • BY THE COMPETITIVE SUPPLIER As a material inducement to entering into this ESA, the Competitive Supplier hereby represents and warrants to the Town as of the Effective Date of this ESA as follows: a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary for it to perform its obligations under this ESA; b) it has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; c) the execution, delivery and performance of this ESA are within its powers, have been duly authorized by all necessary action and do not violate any of the terms or conditions in its governing documents or any contract to which it is a party or any Governmental Rule applicable to it; d) subject to the conditions set forth in Article 2.4, this ESA constitutes a legal, valid and binding obligation of the Competitive Supplier enforceable against it in accordance with its terms, and the Competitive Supplier has all rights such that it can and will perform its obligations to the Town in conformance with the terms and conditions of this ESA, subject to bankruptcy, insolvency, reorganization and other laws affecting creditor’s rights generally and general principles of equity; e) no Bankruptcy is pending against it or to its knowledge threatened against it; f) none of the documents or other written information furnished by or on behalf of Competitive Supplier to the Town pursuant to this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and g) all information furnished by Competitive Supplier in response to the Request for Proposals for competitive electric supply services is true and accurate.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!