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. 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. 4.1 YUGRA hereby appoints FUELNATION as its sole and exclusive distributor for the resale of the Products in the Territory, and FUELNATION agrees to act in that capacity, subject to the terms of this Frame Agreement.
4.2 YUGRA shall not:
4.2.1 appoint any other person, firm or company in or without the Territory as a distributor or agent for the Products in the Territory; or
4.2.2 supply to any other person, firm or company in the Territory any of the Products, whether for use or resale.
4.3 FUELNATION shall be entitled, but not obliged, to describe itself as YUGRA's "Authorised Distributor" for the Products, but shall not hold itself out as FUELNATION's agent for sales of the Products or as being entitled to bind YUGRA in any way.
4.4 Each proposed Sale Contract anticipated by this Frame Agreement shall constitute a separate contract, and any default by FUELNATION in relation to any one Sale Contract shall not entitle YUGRA to treat this Frame Agreement as terminated.
4.5 YUGRA shall, in the negotiation and agreement of any proposed Sale Contract be responsible for:
4.5.1 ensuring the accuracy of the Sale Contract; and
4.5.2 providing FUELNATION with any information which is necessary in order to enable FUELNATION to fulfil the Sale Contract and to comply with all labelling, marketing and other applicable legal requirements in the Territory.
4.6 FUELNATION shall be entitled, subject as provided in this Frame Agreement, to promote and market the Products in the Territory in such manner as it may think fit, and in particular shall be entitled to resell the Products to its customers at such prices as it may determine.
Exclusive Distribution Rights. For the period June 1, 2000 to May 31, 2004 the Buyer shall have the exclusive rights to distribute Developers products in Korea. Developer will supply products at a 50% discount to its standard pricing in effect from time to time.
Exclusive Distribution Rights. Biotronik hereby appoints Micrus, and Micrus hereby accepts appointment, as exclusive distributor of the Developed Products for neurovascular applications during the term of this Agreement. Accordingly, Biotronik shall not during the term of this Agreement, supply Developed Products to any Third Party without Micrus’ prior written consent, which may be withheld by Micrus at its sole discretion.
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 “
Exclusive Distribution Rights. In the event Distributor fails to achieve one-half (50%) of the sales figures set forth under "Performance Standards" in paragraph 5.1, then the exclusive distribution rights as set forth herein may be cancelled in the Company's sole discretion. Distributor shall remain the exclusive distributor within the Territory during the term of this agreement and any renewal thereof in the event Distributor has generated one-half or more of the sales figures set forth under Performance Standards in paragraph 5.
1. This provision shall not apply during the first 18 months of the term of this Agreement and sales shall be calculated on a 12-month basis thereafter.
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.
