Exclusive Manufacturing Rights Sample Clauses

Exclusive Manufacturing Rights. Welcx Xxxxx xxxll have the exclusive right to manufacture and supply, or direct the manufacture and supply of, the Cervical Product, other than the [*]. SpectRx will have the exclusive right to manufacture and supply, or direct the manufacture and supply of, the [*] for the Cervical Product. [*] to be redacted
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Exclusive Manufacturing Rights. For a period of ten (10) years from the Closing Date (the “Exclusivity Period”), Seller shall have the exclusive right to manufacture all existing Silicon Nitride Products used by or sold to Buyer, as well as any modifications of or to such products, and any other spinal implant products that incorporate silicon nitride technology (collectively, the “Manufacturing Rights”). The Manufacturing Rights shall succeed to any future acquirer of Seller (or all or substantially all of its assets), the SN Manufacturing Patents, and/or the Manufacturing Facility. During the Exclusivity Period, Buyer’s purchase price for all products purchased from Seller pursuant to this Section 1.6 (the “OEM Products”) and any other product incorporating silicon nitride that Buyer asks Seller to manufacture after the Closing shall in each case be equal to the product of 1.25 times Seller’s Manufacturing Costs for such products, and for the OEM Products purchased by Buyer from Seller, Seller grants Buyer during the Exclusivity Period an irrevocable, fully paid-up, worldwide right and license under the SN Manufacturing Patents to use, offer to sell, and sell the OEM Products. Buyer shall not purchase any product for which Seller has the Manufacturing Right from any Person other than Seller or its successor during the Exclusivity Period, and Seller shall give first priority to all manufacturing orders submitted by Buyer during the Exclusivity Period. Notwithstanding the preceding sentence, if Seller is unwilling or unable to manufacture the OEM Products in the quantities and on the schedule reasonably requested by Buyer (the “Requirement”), Buyer shall have the right to make or have made, at its own expense, the OEM Products elsewhere, but only to the extent that Seller is unwilling or unable to manufacture such OEM Products and only for the specific quantities that Seller is unwilling or unable to manufacture. In addition, if there is a decrease in the quality of the OEM Products supplied by Seller or such OEM Products do not conform to their published product specifications, certification standards, or other requirements of any applicable Government Authority, in each case as certified by a quality control manager from each of Buyer and Amedica (or if such managers do not agree, then an independent third party expert agreeable to both Parties), Buyer shall have the right to make or have made, at its own expense, the OEM Products elsewhere until the quality of the OEM Products has bee...
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Exclusive Manufacturing Rights. A. Knockout hereby grants to Charleston the worldwide, exclusive right to formulate and/or contract with an approved manufacturer to formulate the Secret Formulae and any derivatives and improvements thereof, i.e. the ingredients and specific method of combining to form a concentrate (the "Ingredients"). Such Ingredients shall include all Ingredients which are to be incorporated into cleaning products as sold and distributed by Knockout. In addition to formulating and/or manufacturing the Ingredients for the Products pursuant to the Secret Formulae, Charleston shall be responsible for tilling containers with the Ingredients (fifty-five gallon drums, 1,000 liter tanks, etc.), and shipping the Ingredients to packagers/bottlers designated by Knockout. B. Should Charleston identify an application for the Ingredients in a market that o Knockout is not interested in pursuing, then Charleston shall have the right to market" and sell the Ingredients in the approved market with the express written approval, not withheld unreasonably, by Knockout and paying a royalty to Knockout of twenty cents (0.20) for each gallon of ready to use Product containing the Ingredients. Charleston may not use the names or any trademarks associated with Knockout's Products in the sales and marketing of Ingredients in the approved market. In such an event as set forth in this paragraph 2(B), that Knockout approves in writing for Charleston to formulate and/or manufacture Ingredients for use in cleaning products other than those which arc marketed, sold, advertised or distributed by Knockout ("Offproduct Ingredients"), then and in such event, Charleston shall pay to Knockout a royalty of Twenty Cents ($0.20) for each ready to use retail gallon containing the Offproduct Ingredients so formulated/manufactured by Charleston. Such payment shall be made by Charleston to Knockout within ten (10) days following receipt by Charleston of payment to it by the purchaser of such Offproduct Ingredients. Charleston shall keep accurate books and records of account with respect to such Offproduct Ingredient's, and shall furnish to Knockout complete and accurate statements of account for all Offproduct Ingredients sold by Charleston within fifteen (15) days following the end of each calendar quarter. If an audit or inspection of Charleston's books and records indicate that sales reported or royalties paid for any quarter shall have been under reported or underpaid by more than ten (10) percent, Charlesto...
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Exclusive Manufacturing Rights. During the term of this Agreement, neither Axis nor its employees or agents shall purchase the Products from any manufacturer other than Shanghai Gold. During the term of this Agreement, neither Axis nor its employees or agents shall solicit manufacturing services of the Products by any manufacturer other than Shanghai Gold without Shanghai Gold’s prior consent.
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Exclusive Manufacturing Rights. MR3 agrees that PUROLITE will have exclusive manufacturing rights to the Products for the lifetime of the Products. If PUROLITE is unable to supply the Products, PUROLITE will advise MR3 and MR3 will have the right to seek an additional supplier. If the contract is terminated for reasons specified in section 7.4, this clause is null and void.
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Exclusive Manufacturing Rights. Company grants to MANUFACTURER the exclusive right to manufacture the BTS instrument, as described in the Specification herein, for the term of this Agreement.
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Exclusive Manufacturing Rights. Plantronics shall grant GoerTek the exclusive right for a twelve (12) month period commencing upon the date of public announcement by Plantronics, to manufacture the Transferred Products. For purposes of clarification, such exclusivity shall extend to the life of any Product to which GoerTek acquired exclusive rights within such twelve (12) month period. After the expiration of such exclusivity period, GoerTek shall become a primary supplier of Plantronics.
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Exclusive Manufacturing Rights 
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Related to Exclusive Manufacturing Rights

  • Manufacturing Rights (a) If QED fails to supply Product ordered by ViewRay in accordance with the terms of this Agreement regarding the quantity or quality of Products supplied to ViewRay, then QED shall within fifteen (15) Business Days of said failure present ViewRay with a plan to remedy the problem and shall use Commercially Reasonable Efforts to execute such plan and remedy the problem or QED shall secure an alternative source of supply within a reasonable time at no additional cost to ViewRay. Any such alternative source of supply shall be on terms substantially identical with the terms of this Agreement. If QED is unable to provide a plan to remedy the problem or secure an alternative source of supply within [***] after its initial failure to supply, then QED shall consult with ViewRay and the parties shall work together to remedy the problem. If QED is unable to remedy the supply problem after [***] (or longer as agreed in writing by the parties), commencing with the date upon which such failure to supply began, then ViewRay may at its option, and upon notice to QED, manufacture the Products itself or through a third party in accordance with the provisions of Section 3.10(b). [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) If ViewRay notifies QED pursuant to Section 3.10(a), above, that ViewRay will manufacture the Products itself or through a third party, QED shall (i) deliver to ViewRay within thirty (30) days media embodying or disclosing all Program technology and Program proprietary or intellectual property rights necessary to enable ViewRay or its designee to manufacture Products conforming with the Specifications; and (ii) provide ViewRay or its designee, upon request, with reasonable assistance in establishing a back-up manufacturing line. ViewRay shall require any third party ViewRay designates to manufacture Products pursuant to this Section 3.10, to agree in writing to observe the terms of this Agreement relating to confidentiality and the manufacture of Products. Notwithstanding any provision of this Section 3.10 to the contrary, in no case shall QED be required to pay ViewRay in respect of any Products purchased by ViewRay from a third party operating a back-up manufacturing line established pursuant to this Section 3.10 or manufactured by ViewRay or its Affiliates pursuant to this Section 3.10.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Supply of Materials The following materials will be supplied by the department Name of Materials Rate. Place of delivery 1.

  • Manufacturing (a) The Supplier shall without limitation be responsible, at no additional cost to the Purchaser, for: sourcing and procuring all raw materials for the Products; obtaining all necessary approvals, permits and licenses for the manufacturing of the Products; providing sufficient qualified staff and workers to perform the obligations under this Purchase Agreement; implementing and maintaining effective inventory and production control procedures with respect to the Products; and handling other matters as reasonably requested by the Purchaser from time to time. (b) The Supplier shall not change any process, material, component, packaging or manufacturing location without the Purchaser’s express prior written approval.

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Manufacturing License Subject to the terms of this Agreement, including without limitation Section 2.2, Theravance grants to GSK an exclusive license under the Theravance Patents and Theravance Know-How to make and have made API Compound or formulated Alliance Product in the Territory.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Third Party Components The Products and Services may contain third party components (including open source software) subject to separate license agreements. To the limited extent a third party license expressly supersedes this XXXX, such third party license governs Customer’s use of that third party component.

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