Exceptions to Exclusivity. Notwithstanding anything to the contrary in Section 2.1 above:
Exceptions to Exclusivity. Notwithstanding anything to the contrary contained in this Agreement, BRNI and its Affiliates may use the Licensed IP in the Field of Use (a) to engage in research and development and other non-commercial activities and (b) to provide Services to Neurotrope or to perform any other activities in connection with this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if, subsequent to the Execution Date, BRNI or NRV II acquires any Intellectual Property that would otherwise constitute Licensed IP and such Intellectual Property is subject to a license existing as of the date of acquisition thereof, then (I) to the extent such Intellectual Property is licensed on an exclusive or sole basis pursuant to such license existing as of the date of such acquisition, such Intellectual Property shall be (a) deemed to not be Licensed Technology or Licensed Patents, as applicable, and (b) excluded from the rights granted to Neurotrope under this Agreement (including pursuant to Section 2.1); and (II) to the extent such Intellectual Property is not licensed on an exclusive or sole basis pursuant to such license existing as of the date of such acquisition, such Intellectual Property shall be deemed to be Licensed Technology or Licensed Patents, as applicable, provided that all rights granted to Neurotrope under this Agreement with respect to such Intellectual Property shall be deemed to be non-exclusive and subject to the terms and conditions of the agreement granting such license.
Exceptions to Exclusivity. Notwithstanding anything in this Agreement to the contrary, the following shall be exempt from the restrictions set forth in Section 7.5:
Exceptions to Exclusivity. BRP will, from time to time be requested to ship Ampligen and/or Alferon N to Hemispherx’s Manufacturing Facility & Development Center located at 000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000. Hemispherx shall pay all standard charges for freight, insurance, fees, and all other packing and shipping charges related to delivery of Ampligen and/or Alferon N under this section to Hemispherx by BRP. Of such product, Ampligen will be provided to study sites in the US under Hemispherx AMP 511 study and for countries outside the Territory and Alferon N for countries outside the Territory, neither of which will be in violation of the exclusivity provision of this agreement and will not carry any Distribution Fee. * Portions of this exhibit have been omitted pursuant to a request for confidential treatment and have been filed separately with the Commission.
Exceptions to Exclusivity. The exclusive rights granted in Section 2.1 above are subject to the following exceptions.
Exceptions to Exclusivity. Notwithstanding anything to the contrary in this agreement, Corporation may designate house customers which shall be excluded from this agreement. House Customer shall mean a subsidiary, franchisee or company owned facility of a multinational company that operates in at least three countries or a national company with at least one hundred locations within the United States. Where the Corporation enters into an agreement to provide Products to a multi-national company or national company, referred to herein as House customers, Corporation or the Distributor that secured the House Customer shall be allowed to sell to such House Customer within any territory including Distributors. In addition, Corporation may at its option enter into an agreement with a Multi-national company to Private label the products covered by this agreement for sale in any territory as an exclusion to this agreement provided the products are promoted and sold under a different name and trademark. Corporation shall maintain a list of House Customers and Private Label Companies and notify Distributor as changes occur. In addition to House Customers and private label companies, a list of pre-existing exclusions to this Agreement are listed in Exhibit E.
Exceptions to Exclusivity. None of the limitations related to exclusivity contained in Section 2 shall be construed to apply to or constrain (1) any other members of DJT’s family, (2) the Xxxxx Organization or its respective Affiliates, (3) any third parties making Political Related Posts on behalf of DJT or a related entity from a non-DJT Personal Profile, or (4) any business ventures of DJT existing as of the date of this Agreement. In the event DJT shall ever become or remain a candidate for any federal or state office, DJT may restructure his ownership in TMTG, or limit his involvement in the management of TMTG as determined by DJT in his discretion. In this regard, TMTG hereby agrees and acknowledges that DJT may restructure his ownership interest in TMTG in order to protect and ensure business continuity for TMTG. Such ownership restructuring, or withdrawal from management shall not result in any liability or penalties to DJT or the Licensor in any way whatsoever.
Exceptions to Exclusivity. The grant of rights in Section 2.1 shall be exclusive to Valens in the Territory (subject to satisfaction of the Performance Milestones), with the following exceptions:
Exceptions to Exclusivity. Notwithstanding anything to the contrary in Section 3.1 (and without limiting any actions which may be taken by AOL without violation of MP's rights hereunder):
Exceptions to Exclusivity. (a) Notwithstanding anything in this Agreement to the contrary, Nurix’s performance of an assay or test for a Degrader Target Set for the purposes of screening or determining a Degrader’s off-target activity shall not be considered performing Research on any Degrader that is Directed To such Degrader Target Set and shall not be a breach of Section 14.9 (Exclusivity).
