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. 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. Section 2,2 is- hereby amended and restated in its entirety to read as follows:
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. Effective as of the Closing, the following sentence is hereby added as the final sentence of Section 1.2 of the Supply Agreement: "Notwithstanding any provision of this Agreement to the contrary, each of Imaging Global, Imaging US and Imaging International may purchase hardware components from third parties unless LLC notifies Imaging Global, Imaging US or Imaging International, as applicable, in writing to discontinue such purchases, whereupon the notified party, as applicable, may complete any pending orders and shall discontinue further such orders."
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. ( as and where applicable)
a) DMRC has provided contract for regular operations, cleaning and maintenance of toilet blocks with continuous serviceability round the clock along with advertisement rights (for area not exceeding 15 sqm) on the toilet blocks to the contractor.
b) DMRC is in process of placing contract for providing digital media signage/ DMRC messages at ticket counters (XXX, CCC, TVM, etc.) through LED, Video wall etc. wherein advertisement rights shall be provided to the contractor on this digital media on time sharing basis, whereby contractor would get time slot for theses digital media along with display of DMRC signage, information, messages, etc. These digital media would be provided for an area not exceeding 10 sqm. And successful bidder for the advertisement rights inside selected xxxxx xxxxxxx will be eligible to bid for the same.
c) The licensee shall not be provided rights for advertising through wi-fi, mobile/radio signals on advertisement media not installed/owned by them, viz. mobile, tablet, etc. of commuters, DMRC staff etc.
d) DMRC may install/create any new inventory, panels, etc. for its partners, etc. without commercial exploitation from the same.
e) DMRC may utilise a defined location at the station for displaying Artwork/ exhibition corners, other exhibits without any commercial consideration to the licensee.
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.
