Exclusive Distributor. The Fund hereby agrees that Xxxxxxxx Financial Services shall be for the period of this Agreement exclusive agent for distribution within the United States and its territories, and Xxxxxxxx Financial Services agrees to use its best efforts during such period to effect such distribution of shares of Capital Stock ("Shares") of the Fund; provided, however, that nothing herein shall prevent the Fund, if it so elects, from selling or otherwise distributing its Shares directly to any persons other than dealers. The Fund understands that Xxxxxxxx Financial Services also acts as agent for distribution of the shares of capital stock or beneficial interest of other open-end investment companies which have entered into management agreements with J. & X. Xxxxxxxx & Co. Incorporated (the "Manager").
Exclusive Distributor. The Portfolios hereby agree that the Distributor shall and for the period of this Agreement be exclusive agent for distribution within the United States and its territories, and the Distributor agrees to use its best efforts during such period to effect such distribution of the Shares ; PROVIDED, HOWEVER, that nothing herein shall prevent a Fund, if it so elects, from selling or otherwise distributing its Shares directly to any persons other than dealers. In connection therewith, it is contemplated that the Distributor will enter into agreements with selected securities dealers. The Portfolios understand that the Distributor also acts as agent for distribution of shares of capital stock or beneficial interest, as the case may be, of other open-end investment companies which have entered into management and advisory agreements with the Portfolios' current investment adviser.
Exclusive Distributor. 4.1 Subject to the provisions of this Agreement, SANO hereby appoints PPI as the exclusive distributor of the Licensed Products for the United States and PPI hereby accepts such appointment and agrees to act as such exclusive distributor. The rights and licenses granted to PPI under this Agreement shall henceforth be referred to as "the Right." PPI acknowledges that it has no rights with respect to SANO's Technology or the Licensed Products, except for the distribution rights with respect to the Licensed Products as herein described.
4.2 SANO, or PPI, as applicable, covenants and agrees that, during the term of this Agreement or until the Right (or its exclusive nature) is terminated in accordance with the provisions hereof:
4.2.1 SANO will refer to PPI all inquiries concerning potential purchases of Licensed Products received by it from Persons located in the United States or from Persons outside the United States if SANO knows or reasonably suspects that such Person intends to resell or export the Licensed Product to the United States;
4.2.2 SANO will not, directly or indirectly, knowingly sell any Licensed Product in the United States nor to any Person outside of the United States if SANO reasonably expects that such Person intends to resell or export the Licensed Product to the United States and, if notified by PPI that one of SANO's customers is selling the Licensed Product in the United States in any material respect, SANO shall either cease to supply such customer or obtain (and enforce, if necessary) an undertaking from such customer not to sell the Licensed Product in the United States (unless SANO is precluded from taking such action under applicable law). PPI acknowledges that SANO will use reasonable efforts to prevent the sale of Licensed Products in United States by Persons other than PPI, but shall not be held responsible if, despite such efforts, it is unsuccessful in so doing (subject to its obligations above to cease to supply or to obtain and enforce the undertaking as and to the extent contemplated above).
4.2.3 PPI shall not, and shall not authorize, permit or suffer any of its Affiliates to, purchase any Transdermal Generic Drug Delivery System which has the same strength, contains the same active ingredient and is for the same indication as, and is competitive with, any of the Licensed Products (a "Competitive Product") for distribution, sale or use in the United States from any Person other than SANO. PPI shall not, and shall not au...
Exclusive Distributor. The Funds hereby agree that the --------------------- Distributor shall and for the period of this Agreement be exclusive agent for distribution within the United States and its territories, and the Distributor agrees to use its best efforts during such period to effect such distribution of the Shares ; provided, however, that nothing herein shall prevent a Fund, if it -------- ------- so elects, from selling or otherwise distributing its Shares directly to any persons other than dealers. In connection therewith, it is contemplated that the Distributor will enter into agreements with selected securities dealers. The Funds understand that the Distributor also acts as agent for distribution of shares of capital stock or beneficial interest, as the case may be, of other open-end investment companies which have entered into management and advisory agreements with the Funds' current investment adviser.
Exclusive Distributor. The Fund hereby agrees that Seligman Financial Sexxxxxx xhall be for the period of this Agreement exclusive agent for distribution within the United States and its territories, and Seligman Financial Sexxxxxx xgrees to use its best efforts during such period to effect such distribution of shares of Capital Stock ("Shares") of the Fund; PROVIDED, HOWEVER, that nothing herein shall prevent the Fund, if it so elects, from selling or otherwise distributing its Shares directly to any persons other than dealers. The Fund understands that Seligman Financial Services axxx xxxx as agent for distribution of the shares of capital stock or beneficial interest of other open-end investment companies which have entered into management agreements with J. & W. Seligman & Co. Incorporated (xxx "Xxxxger").
Exclusive Distributor. Subject to the terms and conditions --------------------- herein, TheraSense hereby appoints Nipro as TheraSense's exclusive and sole distributor and marketing partner for the FreeStyle Products in the Territory in the Field of Use, and Nipro hereby accepts such appointment. TheraSense agrees not to sell the FreeStyle Products to anyone for delivery in the Territory in the Field of Use or with knowledge that the FreeStyle Products are being purchased for use or resale in the Territory in the Field of Use. Likewise, Nipro agrees not to sell the Freestyle Products to anyone for delivery outside the Territory, or inside the Territory outside the Field of Use, or with knowledge that the FreeStyle Products are being purchased for use or resale outside the Territory, or inside the Territory outside the Field of Use.
Exclusive Distributor. Riverdeep shall not license any currently existing products or future products for the Licensed Media to any other Distributor for sale or distribution in the Channel and the Territory, other than Excluded Products.
Exclusive Distributor. Subject to the terms and conditions --------------------- herein, TheraSense hereby appoints Disetronic as TheraSense's exclusive distributor for the FreeStyle Products in the European Territory in the Field of Use, and Disetronic hereby accepts such appointment.
Exclusive Distributor. SuperGen hereby appoints Abbott, and Abbott hereby accepts appointment, as the exclusive distributor of the Product in the U.S. Territory and the International Territory, with the sole and exclusive right, exclusive even as to SuperGen, to sell commercially and to distribute the Product to Third Parties in the Territories, with the right to appoint Affiliate sub-distributors, and with the right to appoint Third Party sub-distributors with SuperGen's prior written consent, which consent shall not be unreasonably withheld or delayed.
Exclusive Distributor. Subject to the terms and conditions herein, ArthroCare hereby appoints Collagen as ArthroCare's authorized exclusive worldwide sales distributor for the Licensed Products in the Field, and Collagen hereby accepts such appointment. Collagen's sole authority shall be to purchase Licensed Products from ArthroCare and to promote, market and resell such Licensed Products in the Field in accordance with the terms of this Agreement.
