Exclusive Distribution Rights. Subject to the provisions of Section 2.1(a), (b), (c), and (d), Transnetyx hereby grants to Taconic, and Taconic hereby accepts from Transnetyx, the exclusive rights, even as to Transnetyx, to market, sell, and distribute Services to, and to accept orders for the purchase of the Services from Taconic Accounts in the Territories:, as set forth in this Agreement.. Taconic shall have the exclusive right, even as to Transnetyx, to enter into Supply Contracts for Services with any customer included in Taconic Accounts in the Territories provided, however that such Supply Contracts must include provisions (the form and content of which provisions are approved by Transnetyx) which will provide that, in the event this Agreement is terminated by Transnetyx pursuant to Section 12 as a result of an Event of Default by Taconic, Transnetyx may, if it so chooses, serve as an assignee from Taconic for the right to deliver and sell the Services to the customers. Taconic may extend such exclusive rights to any of its Affiliates, provided, however that such Affiliates shall be bound by the terms of this Agreement and any such extension must be approved in writing by Transnetyx, which approval shall not be unreasonably withheld, prior to any such extension. All volumes of Services generated pursuant to this Section 2.1 shall be deemed Taconic Volume.
(a) Within 45 days of this Agreement, Taconic shall deliver to Transnetyx a list of customer accounts it would like to include as Taconic Additional Accounts. Once received, Transnetyx will have a period of 45 days to review this list of accounts and submit any to the Steering Committee for consideration. Upon the final determination by the Steering Committee of any and all accounts submitted for consideration (following the same decision procedures and considerations described in Section 2.1(b)), which shall be made no later than the conclusion of the first Steering Committee meeting following the date of this Agreement, the Parties will provide written acceptance of the Taconic Additional Accounts set forth on Schedule 2.1(a) attached to and made a part hereof.
(b) Every ninety (90) days from the date of this Agreement, Transnetyx shall have the right to request to the Steering Committee that a specific account or accounts be removed as a Taconic Account. The members of the Steering Committee shall work in good faith to make a reasonable determination of the status of the account(s) based on consideration of all factors relate...
Exclusive Distribution Rights. PetCARE TV grants BUTLER exclusive dxxxxxxution rights in the United States for the Monthly DVD Magazine and Welcome Home DVD for sale to any non-AAHA (American Animal Hospital Association) hospitals in the United States.
Exclusive Distribution Rights. Subject to the terms, conditions and limitations of the Agreement, Red Mile hereby grants to Publisher, and Publisher hereby accepts from Red Mile, the exclusive right and license to Commercially Exploit the Developed Title (including distributing a strategy guide therefore) throughout the Territory during the Term of this Agreement, in the retail channel or via electronic download (either from Publisher directly or through its sub-distributors). For the avoidance of doubt, retail channel shall include brick and mortar stores, catalogs, as well as Internet-based retailers such as Xxxxxx.xxx and AOL. Publisher shall use commercially reasonable efforts to market the Developed Title effectively and competitively in the Territory. However, Codemasters makes no representation or warranty that the marketing and promotion of the Game shall be successful or that any minimum level of royalties shall become due to Red Mile beyond the Development Advances.
Exclusive Distribution Rights. Subject to Customer meeting its obligations under this Agreement (and specifically the provisions of Section 9.2.1), and subject to the previously reserved market rights of other Spectra customers defined in Schedule 3, Spectra hereby grants to Customer the exclusive right to supply Customer Products into Customer's Exclusive Field.
9.2.1 For the purposes of this Agreement and subject to the Reserved Market rights of other Spectra customers, Customer's Exclusive Field shall be defined as the worldwide market for equipment, systems, services and supplies for add-on modules or subsystems for adding color to the fiber based, paper, and paper-like output of the following production xerographic and electrographic printing systems: IBM (3900), Xerox (4135, 4635, 4800, Docutek 135/90), Siemens (2240), and substantially similar equipment of Delphax and Fujitsu (collectively "the Exclusive OEM's"). Customer's Exclusive Field shall be effective during the Exclusive Period which is defined as beginning on the Effective Date and ending o n December 31, 2002, unless ending earlier in accordance with Section 9.2.
Exclusive Distribution Rights. 2.1. SDS hereby appoints the Distributor as its sole and exclusive distributor for the marketing of the Product in the Territories, as defined in Clause 2.4 below, all at the terms set out hereunder. The Distributor shall have the exclusive rights to sell, market and distribute the Product to any medical facility, governmental or municipal authority, army, and/or any other entity or person in the Territories, at the Distributor's sole discretion, provided such distribution does not conflict with any applicable local laws.
2.2. SDS undertakes to sell the Product in the Territories only to the Distributor, and not to sell the Product in the Territories to any person other than the Distributor, without obtaining the Distributor's prior written consent thereto. In addition, SDS undertakes not to market, distribute or sell the Products to any third party which will sell or distribute the Products in the Territories.
2.3. It is hereby explicitly agreed that the Distributor shall act through its affiliates and use sub-distributors in each of the Territories, with SDS' consent regarding the sub-distributors, which shall not be unreasonably withheld, for the implementation of this agreement.
Exclusive Distribution Rights. Waxtone shall have the exclusive right to sell, copy, distribute, perform, sublicense and otherwise exploit the Recordings in whole or in part direct to consumers or to retailers, digital service providers and other users of any description (the "DSPs") that sell, copy, distribute, transmit, perform or otherwise exploit sound and/or audiovisual recordings by any and all means and media (whether now known or existing in the future).
Exclusive Distribution Rights. Buyer shall have procured from Frudenberg Spunweb Company ("Frudenberg"), and Frudenberg shall have granted to Buyer, the exclusive right of first refusal to purchase 3.5 oz. polyester landscape fabric.
Exclusive Distribution Rights. (a) Subject to the terms of this Agreement, Hologic hereby grants to Distributor an EXCLUSIVE license to distribute its SAHARA Product solely to Target Customers as described in Exhibit C in the Territory provided that Hologic reserves the right to market, sell and license SAHARA Product for placement at Target Customers in the Territory (including without limitation through its affiliates, third-party pharmaceutical manufacturers, and with the assistance of sales agents), in accord with the terms set out in Exhibit C hereto. Hologic also reserves the right to market, sell, and license SAHARA Product directly or indirectly to Reserved Customers inside (and outside) of the Territory. Distributor shall not market, sell, license or accept orders from Reserved Customers, or for installation outside of the Territory without the advance written consent of Hologic. Distributor's rights pursuant to this Section 3(a) may be sublicensed to subdistributors in the Territory only with Hologic's prior written consent, which consent may be withheld for any reason.
(b) Subject to the terms of this Agreement, Hologic hereby grants Distributor (but not their subdistributors) a non-exclusive, non-transferable license to represent themselves as an "Authorized Distributor" of the SAHARA Product and to use Hologic trademarks identified in Exhibit D (attached hereto and incorporated herein) in connection therewith.
Exclusive Distribution Rights. In addition to the distribution rights granted in the OEM Purchase and Supply Agreement, Supplier hereby grants to GEMS-IT the exclusive right to promote, sell and distribute OEM Products, including Parts and Accessories, and all of Supplier’s other defibrillators, accessories, consumables or other products that may be supplied in conjunction with or as upgraded models to such defibrillators (collectively, “Other Defibrillator, Supplies and Accessories”) to hospitals in the United States and Canada. For clarification, “hospitals” do not include outpatient medical clinics, emergency medical service (EMS) providers (e.g., ambulances, fire and police departments), the corporate market or government entities (i.e., where a non-medical corporation or public institution is buying a defibrillator for its own internal use, such as an airline, school or the National Park Service) and private doctors who practice in a non-hospital setting.
Exclusive Distribution Rights. Artisanal hereby appoints KeHE as its exclusive national retail distributor in the United States (the “Territory”) with the exception of the Non-Exclusive Territory Distributors as that term is defined below. KeHE recognizes Artisanal (a) has an existing owner-operated local distribution system and utilizes overnight couriers to service its current foodservice and independent retailers, (b) has existing distribution agreements with 3rd party foodservice distribution companies and may contemplate adding new foodservice distributors which, from time to time, will service local retail outlets, although their primary focus is in servicing foodservice outlets ("Foodservice Distributors"), (c) has an existing non-exclusive agreement with a distributor, Cheezwhse, Inc. to service retail outlets in the Greater New York City and New England (Massachusetts, Rhode Island, Vermont, New Hampshire, and Maine) and (d) markets and services Costco locations via a direct delivery system. Accordingly, the term “
