Exclusive and Non-Exclusive Appointment Sample Clauses

Exclusive and Non-Exclusive Appointment. As of the Effective Date, and for so long as Heska meets the Minimum Commitment under Section 1.26, Fuji hereby makes the Exclusive Appointment and Heska accepts the Exclusive Appointment. Pursuant to the Exclusive Appointment, Fuji agrees (i) to use its commercially reasonable efforts to ensure that any Products Sold outside the Field are not directly Sold by Fuji or indirectly Sold by Fuji's distributors or customers to End Users in the Territory, to the extent permitted under applicable competition laws, and (ii) to the extent permitted under applicable competition laws, to not enter into discussions or agreement with End Users or Third Parties, with respect to Products and the Field, without the advanced written permission of Heska. Pursuant to the Exclusive Appointment, to the extent permitted under applicable competition laws, Heska agrees not to market, promote, Sell or distribute Competing Products in the Territory for use in the Field. If Heska (a) fails to meet the Minimum Commitment under Section 1.26, unless Heska 's failure to purchase such Analyzers is the result of Fuji's failure to deliver Product by the delivery date set forth in the applicable Purchase Order, or (b) sells Competing Products, the Exclusive Appointment shall be terminated; provided, however, that immediately upon termination of the Exclusive Appointment following occurrence of (a) or (b), Fuji shall make the Non-Exclusive Appointment, and Heska shall accept the Non-Exclusive Appointment. Upon the Non-Exclusive Appointment, this Agreement shall become non-exclusive between Heska and Fuji, with regard to the Territory, the Field, the Products and the Competing Products.
Sample 1
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Related to Exclusive and Non-Exclusive Appointment

  • Exclusive Appointment The Company acknowledges that the appointment of the Manager hereunder is an exclusive appointment for the Term. The Company shall not appoint other managers with respect to the Vessels or the Containership business during the Term, except in circumstances in which it is necessary to do so in order to comply with Applicable Laws or as otherwise agreed by the Manager in writing. This Section 2.5 does not prohibit the Company from having its own employees perform the Management Services.

  • SERVICES NON-EXCLUSIVE Nothing in this Agreement shall prevent the Servicer from rendering or performing services similar to those provided for in this Agreement to or for itself or other persons, firms or companies or from carrying on business similar to or in competition with the business of the Mortgages Trustee and the Beneficiaries.

  • Non-Exclusive Agreement Notwithstanding anything contained herein, this Agreement and the rights awarded to the Investor hereunder are non-exclusive, and the Company may, at any time throughout the term of this Agreement and thereafter, issue and allot, or undertake to issue and allot, any shares and/or securities and/or convertible notes, bonds, debentures, options to acquire shares or other securities and/or other facilities which may be converted into or replaced by Common Shares or other securities of the Company, and to extend, renew and/or recycle any bonds and/or debentures, and/or grant any rights with respect to its existing and/or future share capital.

  • REMEDIES NON-EXCLUSIVE ‌ The remedies provided in this Contract are not exclusive but are in addition to all other remedies available under law.

  • Non-Exclusive Arrangement Nothing contained in these Terms shall be construed as conferring or granting an exclusive right or obligation upon either party to purchase or sell products or services under these terms. 21. FORCE MAJEURE Neither party shall be liable to the other for any delay or inability to perform its obligations under these terms or otherwise if such delay or inability arises from any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party which could not be avoided by the exercise of due care.

  • Non-Exclusive The services of the Administrator rendered to the Trust are not deemed to be exclusive. The Administrator is free to render such services to others. The Administrator shall not be deemed to be affected by notice of, or to be under any duty to disclose to the Trust or Person acting on the Trust’s behalf, information which has come into its possession or the possession of an Interested Party in the course of or in connection with providing administrative or other services to any other person or in any manner whatsoever other than in the course of carrying out its duties pursuant to this Agreement.

  • Non-Exclusive Contract The intent of this Contract is to provide state agencies with an expedited means of procuring supplies and/or services. This Contract is for the convenience of state agencies and is considered by State to be a “Non- exclusive” use contract. Therefore, agencies may obtain this product/service from sources other than the Contract holder(s) as long as they comply with Title 18, MCA, and their delegation agreement. State does not guarantee any usage.

  • Non-Exclusive License Sponsor grants Institution and Principal Investigator a royalty free non-exclusive license, with no right to sublicense, to use Trial Data for internal research or educational purposes.

  • Non-Exclusive Rights Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Agreement are non-exclusive and Authority herein reserves the right to grant similar privileges to another lessee or other tenants on other parts of the Airport.

  • Non-Exclusive Right In the event this Agreement is terminated or upon written notice from Western at any time, the Corporation hereby agrees that it will eliminate from the Fund's name any reference to the name of "Western." The Corporation, on behalf of the Fund, shall have the non-exclusive use of the name "Western" in whole or in part only so long as this Agreement is effective or until such notice is given.

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