End-User Defined Opportunities Sample Clauses

End-User Defined Opportunities. 3.2.1 Each party agrees that, upon becoming aware of a new application opportunity to design, develop, market, or install a VGR system which can potentially utilize, in a substantial way, the expertise and technologies of both Braintech and the LICENSEE (an "Opportunity") it will: (a) advise the potential End-User of its alliance with the other party, and of the expertise and technology of the other party; and (b) advise the other party of the Opportunity; 3.2.2 Upon identifying an Opportunity, the parties will cooperate to obtain such contracts or business as can be obtained arising from the Opportunity. In doing so, the parties will use their reasonable best efforts to implement the following steps and procedures: (a) The parties will establish a reasonable division of work and responsibility, having to do with their respective areas of expertise and technologies; (b) The parties will cooperate in preparing feasibility studies as may be beneficial in pursuit of the Opportunity. In doing so, each party will prepare estimates of its expected cost in completing the areas of work which may be assigned to it. 3.2.3 Each party agrees, to the (greatest) extent reasonably practicable, to work exclusively with the other party as per Articles 2.2 and 2.3 of the Master Agreement in pursuing any Opportunity. For greater certainty, this section will not require either party to work exclusively with the other party if it has a bona fide business reason for not doing so. Examples of Bona fide business reasons are: (a) Inability of the other party to supply expertise or technology which is important to pursuit of the Opportunity; (b) Independent preference of a potential customer, (End-User) for another company offering expertise or technology similar to that of the other party; or (c) Inability of the parties, despite their reasonable best efforts, to agree on any business or technical issues important to the pursuit of the Opportunity.
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