Excluded Sales Sample Clauses
Excluded Sales. Viking reserves the right to set special commission rates, or pay no commissions on certain sales. Viking must identify to Sales Representative any specific Accounts, relationships and/or orders that will be considered EXCLUDED SALES in advance. Viking must provide 30 day notice to any changes in the EXCLUDED SALES. · Clinical luminary account customers who receive special discounts. · Manufacturers of medical devices, or other companies, which purchase Product to be used in a clinical training program. · Sales of any Viking Products, Equipment and Technology to Viking Systems OEM Customers and/or their affiliates. · Corporate Accounts (including government(s)) and National Account Contracts; Viking reserves the right to modify commission rates for Viking Corporate Accounts and National Account Contracts providing two week notice is given to Sales Representative. · Protected Accounts: From time to time there may be transitions that involve the expansion or contraction of a specific TERRITORY. Under those circumstances, there may be accounts excluded from or added to a geographical area and considered as a Protected Account different from an existing geographical boundary. · Rental Agent Agreement(s): Viking intends to continue to offer rental equipment/systems to the market on a broad geographic basis, through a number of independent agents and agreements. Viking reserves the right to modify and/or exclude commission from rental income but acknowledges that commissions will be paid subject to any modification needed on the final sale to the CUSTOMER.
Excluded Sales. These co-sale provisions will not apply to any sale of securities pursuant to a distribution to the public, whether pursuant to a registered public offering, Rule 144 under the Securities Act or otherwise.
Excluded Sales. In the event that Landlord desires to transfer and convey all or any portion of its interest in the Premises to FR, FI, FILP, an affiliate of Landlord, FR, FI or FILP, to any entity controlled by, or under common control with, Landlord, FR, FI or FILP or any affiliate of Landlord, FR, FI or FILP, to any joint venture in which Landlord, FR, FI or FILP have an interest or to any other participant in such joint venture (or any affiliate of such a participant (any of the foregoing, an “Affiliate”, and any such transfer or conveyance, an “Affiliate Transfer”), such Affiliate Transfer shall not trigger Tenant’s Right of First Offer and, following such Affiliate Transfer, Tenant shall retain its Right of First Offer pursuant to this Agreement. In the event that Landlord desires to market, transfer and convey (any such marketing, transfer or conveyance, a “Portfolio Transfer”) all or any portion of its interest in the Premises to a third party as part of a Portfolio Sale (as hereinafter defined) which includes the Premises, such Portfolio Transfer shall not trigger Tenant’s Right of First Offer and, upon the sale of the Premises as part of any such Portfolio Transfer, Tenant’s Right of First Offer shall automatically be rendered irrevocably null and void and neither party shall have any further rights or liabilities under this Exhibit F. For purposes of this Agreement, a “Portfolio Sale” shall mean the actual or proposed sale, transfer or conveyance, direct or indirect, of more than three (3) properties by Landlord, FI, FILP or FR and one or more Affiliates of Landlord, FI, FILP or FR as part of the same sale or offering package. Notwithstanding anything contained herein to the contrary, the transfer of the Premises as part of a foreclosure, a transfer in lieu of foreclosure or other comparable exercise by a lender of its rights in connection with a loan to Landlord or an Affiliate of Landlord shall not trigger this Right of First Offer and the same shall void this Right of First Offer.
Excluded Sales. Notwithstanding anything herein to the contrary, -------------- Nidek shall not be obligated to perform any installation, maintenance or other services for any Products sold in the Territory through to an Excluded Sale.
Excluded Sales. All sales inquiries and orders place in the exclusive territory of the Distributor will be placed and or referred by the Company to the Distributor without exception.
Excluded Sales. Partner will promptly inform PolyPid of any material sale (including any tender related to the Products) in which the Partner is not entitled to participate in the Key Countries and the Launching Countries. PolyPid shall be entitled to bid for, and to directly or indirectly enter into, any such sale or tender, and in such case this shall not constitute a breach by PolyPid of the exclusivity granted to Partner under Sections 2.01 and 3.01(a). The sales made under this Section 2.03 shall be counted towards the Minimum Sales Requirements.
Excluded Sales. This Agreement excludes all "after sales agreements" and sales such as service and maintenance, including, but not limited to parts, spares, replacement units, expansion units, and services.
Excluded Sales. Notwithstanding anything to the contrary in this Agreement, Licensee’s sales to the WHP E-Com Operator for fulfillment of sales through a Branded E-Com Site shall be excluded from the definition of Net Sales and, as such, such sales (a) shall not be subject to payments of Royalties, and (b) shall not count towards satisfaction of Minimum Net Sales, Guaranteed Minimum Royalties and/or any Renewal Sales Threshold.
Excluded Sales. Notice of Intent to Participate in Co-Sale..................15 ARTICLE IV. Representations and Warranties of the Company.................16 4.1 Organization, Qualification and Corporate Power.............16 4.2-A Subsidiaries................................................16 4.2-B Affiliates..................................................16 11249/436.3 ii
Excluded Sales. As used in this Article 45, “unaffiliated third-party purchaser” shall specifically exclude a purchaser which (i) is an affiliate of Landlord, (ii) is acquiring the Right of First Offer Property by eminent domain or threat of eminent domain, and (iii) is acquiring the Right of First Offer Property in connection with the enforcement of any Encumbrance (i.e., by foreclosure or exercise of power of sale). As used herein, an “affiliate” of Landlord shall mean an entity (a) which owns a majority of Landlord’s voting equity; (b) which is wholly owned by Landlord (or any of its direct or indirect constituent members) or at least fifty-one percent (51%) of whose voting equity is owned by Landlord (or any of its direct or indirect constituent members); or (c) which is controlled, controlling or under common control with Landlord (control being defined for such purposes as ownership of at least fifty percent (50%) of the equity interests in, and the power to direct the management of, the relevant entity).