Exception to Exclusivity. Notwithstanding the exclusivity granted under Section 4.11 (Exclusivity), if HMI, as a result of a Change of Control, is acquired by an entity that, as of the time of such transaction, directly or through an Affiliate, is Researching, Developing, Manufacturing, Commercializing, or otherwise exploiting a [***], [***] of such Change of Control, [***] such [***] may continue to [***] and otherwise [***] (without such [***]) so long as: (a) [***]; and (b) [***] (i) does [***] (including any [***]) or [***] involved in the [***] (provided, that the foregoing [***] but do not [***] or are not otherwise [***] involved in the [***] and (ii) [***] to ensure that such [***]. In addition, [***] (other than [***]) with respect to [***] with respect to [***].
Exception to Exclusivity. For the avoidance of doubt, the Parties ------------------------ acknowledge that the N2P Exclusivity does not preclude the listing of N2P Competitors or any AOL PC-to-PC communication function in any whites pages, yellow pages or other online search or directory service, subject to Section 4.1.4 and Section 7.2.4.
Exception to Exclusivity. Section 2,2 is hereby amended and restated in its entirety to read as follows:
Exception to Exclusivity. Distributor hereby agrees that notwithstanding the exclusive right and license set forth above, Supplier shall reserve a right to export and sell Non-IH Massage Chairs (as defined below) directly to *** which imports, markets and distributes certain Products in the Territory; provided, however, such sales are only for resale by *** to end users and not to resellers. "Non-IH Massage Chairs" shall refer to any massage chair manufactured by Supplier that does not contain any technology owned or designed by Distributor and is different in design, features, or specifications from the Products previously or currently purchased by Distributor from Supplier. *** Confidential treatment requested.
Exception to Exclusivity. Notwithstanding the foregoing, the Staff Member has the right to share, for noncommercial, non-profit reasons, the Works, including without limitation in portfolios for educational, employment, or artistic purposes; and in contest entries.
Exception to Exclusivity. Gaifar shall have the right to submit to the Marketing Company a notice ("Notice") indicating one or more countries with regard to which the Marketing Plan does not provide for any Milestones and in which Gaifar wishes to carry out marketing and distribution activities provided that the Marketing Company is unable or unwilling to carry out such activities itself. Unless the Marketing Company objects in writing within 30 days after receipt of the Notice, Gaifar shall be entitled, on a non- exclusive basis, to carry out marketing and distribution in such country/countries for a period of one year. Unless Gaifar submits another Notice before the end of such period and the Marketing Company fails to object within 30 days to such Notice, the exclusivity shall be automatically restored at the end of the one year period. Gaifar shall be obliged to pay 10% of the proceeds to the Marketing Company from all transactions it has executed during the period of non-exclusivity. Para. 4 above shall apply accordingly.
Exception to Exclusivity. [CONFIDENTIAL INFORMATION ------------------------ DELETED]
Exception to Exclusivity. NTC may continue to supply NZO to other current and new customers; however, it is understood and agreed that NTC will inform the customers, in writing, that NZO may not be used in products marketed for use in the categories listed in 2.1 unless the use is previously known to NTC or, if NTC's customer discloses the present use at the time of notification. 2.3
Exception to Exclusivity. Distributor hereby agrees that notwithstanding the exclusive right and license set forth above, Supplier shall reserve a right to export *** Confidential treatment requested.
Exception to Exclusivity. Sigma acknowledges that, prior to the Effective Date, Sangamo has performed or committed to perform for Third Parties certain custom services relating to the Sangamo Technology and has delivered or committed to deliver to such Third Parties certain ZFP Products and/or Licensed Products and has granted to such Third Parties the right to use such ZFP Products and/or Licensed Products in the Field as listed in the Projects Side Letter. Sangamo’s grant of an exclusive license in Section 2.1(a) is expressly subject to such previously granted rights subject to the Projects Side Letter.
