Common use of Exclusive Distributor Clause in Contracts

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.