Exclusive Distributor Appointment Sample Clauses

Exclusive Distributor Appointment. Subject to MSD’s right to subcontract or delegate in whole or in part to one or more third parties its obligations and responsibilities as distributor of Specialty Allografts and Bone Paste as expressly set forth in this Agreement, during the term of this Agreement, MSD shall be the exclusive distributor for Specialty Allografts and Bone Paste identified as exclusive on Schedule 2.1 throughout the Territory; provided, however, with respect to Bone Paste, the grant of rights herein shall be exclusive only for the intended or expected use primarily in spinal surgery and shall be exclusive for the use of the trademark, service xxxx, trade name, design, graphics and logos associated with “Osteofil.” RTI agrees that any Bone Paste delivered other than pursuant to this Agreement shall contain a different brand Page 3 name and label than the Bone Paste delivered pursuant to this Agreement. MSD agrees that it will distribute Bone Paste only pursuant to its grant of exclusive distribution rights.
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Exclusive Distributor Appointment. Subject to MSD’s right to subcontract or delegate in whole or in part to one or more third parties its obligations and responsibilities as distributor of Specialty Allografts and Bone Paste as expressly set forth in this Agreement, during the term of this Agreement, MSD shall be the exclusive distributor for Specialty Allografts and Bone Paste (except those identified specifically as non-exclusive on Schedule 2.1) throughout the United States, Canada and Puerto Rico (the “Exclusive Territory”), and MSD has agreed to be a non-exclusive distributor in all other countries and territories in the Territory only to the extent described in Section 3.1(e) hereof; provided, however, with respect to Bone Paste, the grant of rights herein shall be exclusive only for the intended or expected use primarily in spinal surgery and shall be exclusive for the use of the trademark, service xxxx, trade name, design, graphics and logos associated with “Osteofil.” RTI agrees that any Bone Paste delivered other than pursuant to this Agreement shall contain a different brand name and label than the Bone Paste delivered pursuant to this Agreement. MSD agrees that it will distribute Bone Paste only pursuant to its grant of distribution rights for use in spinal procedures.
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Exclusive Distributor Appointment. Subject to MSD’s right to subcontract or delegate in whole or in part to one or more third parties its obligations and responsibilities as distributor of Specialty Allografts as expressly set forth in this Agreement, during the term of this Agreement, MSD shall be (i) the exclusive distributor for Specialty Allografts throughout the United States, Canada and Puerto Rico (the “Exclusive Territory”), (ii) the non-exclusive distributor for Specialty Allografts in all other parts of the Territory, and (iii) the non-exclusive distributor for Bone Paste throughout the Territory; provided, however, with respect to Bone Paste, the grant of rights herein shall be exclusive for the use of the trademark, service xxxx, trade name, design, graphics and logos associated with “Osteofil.” RTI agrees that any Bone Paste delivered other than pursuant to this Agreement shall contain a different brand name and label than the Bone Paste delivered pursuant to this Agreement. MSD shall be entitled to distribute Bone Paste for use in all applications, including all musculoskeletal applications (orthopedic, trauma, etc.). RTI shall not, and RTI shall ensure that any third party distributor does not, utilize or reference, directly or indirectly, in any manner the “Osteofil” name or any data with respect to the Osteofil product (including clinical and pre-clinical data) in any marketing and promotional materials or in any materials filed with any applicable regulatory authority. RTI agrees that, during the period commencing with the Third Amendment Effective Date and ending on August 31, 2007, the only companies that will have the right to distribute in the Exclusive Territory any product from the “Osteofil” family of Bone Paste are Exactech, Inc. and RTI (and, as set forth above, RTI and Exactech, Inc. shall not have the right to the trademark, service xxxx, trade name, design, graphics and logos associated with “Osteofil” in connection with such distribution). During such period, RTI shall ensure that RTI and Exactech, Inc. distribute such Bone Paste only through sales personnel that are employees of RTI or Exactech, Inc. as the case may be, or through the regional distributors identified in Schedule 3.1(a). RTI shall have the right from time to time to add to Schedule 3.1(a); provided that RTI obtains the prior written consent of MSD, such consent not to be unreasonably withheld by MSD.
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Exclusive Distributor Appointment. During the term of this Agreement, Tutogen hereby appoints Spine-Tech as its exclusive distributor for Biologic Implants for the Field of Use throughout the Territory. Spine-Tech agrees to use commercially reasonable efforts to distribute Biologic Implants for the Field of Use throughout the Territory. Spine-Tech’s distribution services (“Spine-Tech Services”) shall include, without limitation, (i) developing marketing and training literature and aids for Biologic Implants; (ii) training Spine-Tech marketing and distribution personnel; (iii) conducting training courses and seminars to educate medical professionals, surgeons, customer support staff, hospital personnel and buying groups related to Biologic Implants in the use of Biologic Implants, including educating surgeons and staff on Biologic Implant design, ordering, delivery and stocking procedures; (iv) exhibiting Biologic Implants at medical society meetings; (v) promoting Biologic Implants in association with Spine-Tech’s other educational services and marketing efforts; (vi) supporting at a clinical level the marketing and distribution efforts of Tutogen and Spine-Tech by making available surgical case coverage for Biologic Implants; (vii) proper storage of arid maintenance of a distribution system for an inventory of Biologic Implants for the purpose of meeting the clinical needs of surgeons and hospitals; (viii) designing and developing surgical instruments and surgical techniques for implantation of the Biologic Implants; (ix) distributing sets of surgical instruments for the surgical implantation of Biologic Implants; (x) preparing and maintaining records in compliance with Exhibit F; and (xi) distributing Biological Implants for use in treating injuries to or diseases of the spine.
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Exclusive Distributor Appointment 
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Related to Exclusive Distributor 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.

  • Appointment of Asset Manager; Acceptance of Appointment The Series hereby appoints the Asset Manager as asset manager to the Series for the purpose of managing the Series #TICKER Asset. The Asset Manager hereby accepts such appointment.

  • Appointment of the Distributor The Fund hereby appoints the Distributor as the principal underwriter and distributor of the Shares of the Fund to sell Shares to the public on behalf of the Fund and the Distributor hereby accepts such appointment and agrees to act hereunder. The Fund hereby agrees during the term of this Agreement to sell Shares of the Fund through the Distributor on the terms and conditions set forth below.

  • Excluded Appointments With respect to the Excluded Appointments, (a) nothing in this Agreement shall give the Purchasers the right to control or defend any Proceeding to which any Seller or any of its Affiliates is a party to the extent such Proceedings have resulted in such Appointment being classified as an Excluded Appointment, and, except as may otherwise be agreed between the parties hereto, the Sellers or their Affiliates shall be responsible for the control, defense and/or settlement any such Proceeding and (b) the Sellers or their Affiliates shall be responsible for the control, defense and/or settlement of any matters that have resulted in such Appointment being treated as an Excluded Appointment because the Seller Representative reasonably determines that such appointment is required to be excluded pursuant to applicable Law. Subject to Section 8.2, the Purchasers shall use reasonable best efforts to take any Specified Actions reasonably requested by the Sellers in connection with the Sellers’ defense of such Proceedings or the settlement thereof; provided that the Sellers shall promptly reimburse the Purchasers for any reasonable, documented out-of-pocket costs and expenses incurred by the Purchasers in connection with taking any such actions.

  • Exclusive Service Employee shall devote his best efforts and full time to rendering services on behalf of the Corporation in furtherance of its best interests. Employee shall comply with all policies, standards and regulations of the Corporation now or hereafter promulgated, and shall perform his duties under this Agreement to the best of his abilities and in accordance with standards of conduct applicable to officers of banks.

  • Appointment of Quasar as Distributor The Trust hereby appoints the Distributor as its agent for the sale and distribution of Shares of the Fund in jurisdictions wherein the Shares may be legally offered for sale, on the terms and conditions set forth in this Agreement, and the Distributor hereby accepts such appointment and agrees to perform the services and duties set forth in this Agreement. The services and duties of the Distributor shall be confined to those matters expressly set forth herein, and no implied duties are assumed by or may be asserted against the Distributor hereunder.

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Exclusive Services Executive shall at all times faithfully, industriously and to the best of his or her ability, experience and talent perform to the satisfaction of the Board and the CEO all of the duties that may be assigned to Executive hereunder and shall devote substantially all of his or her productive time and efforts to the performance of such duties. Subject to the terms of the Employee Confidentiality and Invention Assignment Agreement referred to in Section 5(b), this shall not preclude Executive from devoting time to personal and family investments or serving on community and civic boards, or participating in industry associations, provided such activities do not interfere with his or her duties to the Company, as determined in good faith by the CEO. Executive agrees that he or she will not join any boards, other than community and civic boards (which do not interfere with his or her duties to the Company), without the prior approval of the CEO.

  • Non-Exclusive Services The services of the Adviser to the Trust are not deemed exclusive, and the Adviser shall be free to render similar services to others, to the extent that such service does not affect the Adviser’s ability to perform its duties and obligations hereunder.

  • Initial Appointments The Company appoints the Trustee as the initial Paying Agent, the initial Registrar and the initial Conversion Agent.

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