Exclusive. Both parties agree that the remedy specified in Section 7.9(a) above is not exclusive of any other remedy for the breach by Executive of the terms hereof.
Exclusive. Both parties agree that this Agreement shall provide the exclusive remedies for any breach by the Company of its terms.
Exclusive. Until this Agreement is terminated, Seller will cease its marketing efforts and will not solicit, negotiate or enter into any backup letters of intent, proposals, options or contracts with regard to the purchase and sale of the Property.
Exclusive. The arrangements between Gelteq and the Licensee under this Agreement are exclusive in that Gelteq will not provide any of the Products containing the Licensee’s brand to any third party without the Licensee’s prior written consent.
Exclusive. 5.1. Landlord agrees that it will not directly or indirectly lease, rent, sell or otherwise permit any property in which it has any interest (direct or indirect) located within one thousand (1,000) feet of any exterior boundary of the Leased Premises, to be used as a drug store or a business which sells or dispenses prescription drugs or for any collateral use (such as, E.G., parking, drainage, or service drives), in support of a drug store or a business which sells or dispenses prescription drugs without the written permission of Tenant. If the mortgagee of the Leased Premises becomes the landlord, the provisions of this Section shall not apply so long as such mortgagee remains the landlord.
Exclusive. CLIENT agrees that Cliq shall be its sole provider of ACH services during the term of this Agreement.
Exclusive. Lessee shall not block the access roads, trails or paths and shall use the same in a manner that will not interfere with the use of the Property or adjoining premises by the Landowner or other authorized lessees or users. Lessee shall leave all gates as found (opened or closed) after entering or leaving the Property. If locks are utilized, Lessee shall return the key or keys to LandRenter at the end of the term or at such other time or times as agreed to by LandRenter and Lessee. Lessee will not install or use its own locks on the Property or any access thereto unless instructed to do so by LandRenter and owner or its agent. Lease, Lessee has carefully inspected the Property to Lessee’s satisfaction, and has found the Property to be suitable for Lessee’s intended hunting and fishing activities. Lessee accepts the Property in its present “AS IS” condition, with all faults, dangerous conditions and attributes, whether known to LandRenter or Landowner and/or Lessee or not. LandRenter makes no representation or warranty that any game, fish or fowl are or will be present on the Property during the term of this Lease. Lessee agrees to maintain the Property in its current or better condition during the entire term of the Lease, ordinary wear and tear excepted. Lessee agrees not to create, or allow the creation of any nuisance, or to allow any waste, injury or destruction of or to the Property. Lessee also agrees to maintain the general appearance of the Property, and to keep the Property completely free of garbage, debris, trash, refuse, and all other unsightly or objectionable articles. No mobile homes, trailers, trucks, buses or vehicles of any type are to be left on the Property. Prior to the end of the term of this Lease, Lessee agrees to repair any damage caused to the Property (including, without limitation, filling any pits or holes made upon the Property) and to restore the Property to the condition that it was in at the commencement of the Lease, ordinary wear and tear excepted, all at Lessee's sole cost and expense. None of Lessee's or Lessee's guests’ activities shall damage the Property, damage any personal property on the Property, or render the Property less suitable for any of its proper uses, including, but not limited to, agriculture.
Exclusive. (a) During the term of this Agreement (i) TSA and its Subsidiaries agree not to engage in the E-Commerce Business except as permitted under Section 2.6(a) of the License Agreement and (ii) GSI agrees not to engage in and XXX.xxx shall not engage in the sale of goods over the Internet as a shareholder, partner or investor in any corporation, partnership, limited liability company or other entity or venture which generates in excess of 20% of its revenues from the sale of sporting goods, athletic footwear and athletic apparel (other than with TJX Companies, Inc., Xxxx Stores, Inc. and any other such party which does not engage in the sale of sporting goods, athletic footwear and athletic apparel in the United States, Canada, Japan, any other nation in which the predominant language is English or any other nation in which TSA, any of its Subsidiaries or any corporation, LLC or other entity or venture in which TSA has more than a 19% interest engages in the sale of sporting goods, athletic footwear and athletic apparel or has announced its intention to commence doing so within six months and in fact does so) (the foregoing shall not prevent GSI from entering into additional e-commerce services or e-commerce license agreement with other retailers of sporting goods, athletic footwear or athletic apparel, but GSI may not launch any web site for such retailers or provide any other e-commerce services prior to January 1, 2000).
(b) Until January 1, 2000, GSI agrees to devote all of its e- commerce related activities to developing the TSA Site and the sites of other retailers which have executed e-commerce services agreements with GSI prior to the date of this Agreement (except that GSI may enter into additional e-commerce services or e-commerce license agreement with other retailers of sporting goods, athletic footwear or athletic apparel, but GSI may not launch any web site for such retailers or provide any other e-commerce services prior to January 1, 2000).
Exclusive. Other than claims for fraud or equitable relief (which equitable relief claims are nevertheless subject to Section 10.1), any claim arising under this Agreement or in connection with or as a result of the transactions contemplated by this Agreement or any Damages or injury alleged to be suffered by any party as a result of the actions or failure to act by any other party shall, unless otherwise specifically stated in this Agreement, be governed solely and exclusively by the provisions of this Article 10. If Seller and Purchaser cannot resolve such claim by mutual agreement, such claim shall be determined by adjudication by a court or similar tribunal subject to the provisions of this Article 10.
Exclusive. Licensee shall have the exclusive right during the term of this Agreement, including any and all extensions hereof, to operate gaming devices in the Stores. No part of any Store shall at any time during the term of this Agreement, including any and all extensions hereof, be used or occupied by any other person for the purpose of operating gaming devices. Anything in this Paragraph 10 (Exclusive) to the contrary notwithstanding, the exclusive right granted in this Paragraph 10 (Exclusive) as to any particular Store or Stores shall not commence until the date specified in Paragraph 2 (Term) and shall terminate upon termination of this Agreement as to such Store or Stores.
