EXCLUSIVE NATURE. Commencing January 1, 2002, ATX shall be the exclusive provider of the Exclusive Services to those owners/lessees of Vehicles, sold or leased after February 1, 2001, whose vehicles are properly equipped with Devices to receive the ATX Services based on the Akira platform or subsequent platform (each such vehicle, an “Eligible Vehicle”). BMW shall not, directly or indirectly, provide or contract for Exclusive Services to any owner/lessee of a BMW Vehicle who is then receiving Exclusive Services directly or indirectly from ATX. “Exclusive Services” mean (i) emergency telematics services (i.e., automatic collision notification, emergency assistance, enhanced roadside assistance, stolen vehicle tracking, security system notification, remote door unlock and vehicle locator); (2) the gathering of location data of BMW Vehicles; and (3) the connectivity, infrastructure and support services for the integration of Telematics Service offerings by BMW for BMW Vehicles.
EXCLUSIVE NATURE. Xxxx Xxxxxx agrees that the sale of water to Tesoro is of the exclusive nature until the first 23 million gallons of water annually have been maximized. This maximization clause starts over automatically at each anniversary contract date. Before maximization, Xxxx Xxxxxx may sell any surplus water not used by Tesoro to third parties, with the understanding that Tesoro demands for water will always take precedence as to the first twenty three million gallons of water.
EXCLUSIVE NATURE. During the Term of this Agreement and in the Territory, subject to the terms of the Services set forth in Schedule I hereto, VES shall not itself or through others directly or indirectly sell or provide (or cause to be sold or provided) the Product in automotive dealership of any other automobile manufacturer; PROVIDED that VES may provide the Product to any automobile manufacturer in connection with non-dealership events, including, but not limited to, events taking place on golf courses, as well as charity tournaments, sales meetings, trade shows, conventions and corporate outings. At its option, Cadillac may permit VES to provide the Product to the dealerships of other General Motors divisions.
EXCLUSIVE NATURE. 9.7.1 The indemnification provisions of Articles V and IX and the applicable provisions of the Tax Sharing and Indemnification Agreement shall be the exclusive remedy against Cyprus Amax, Specialty, Buyer and its Affiliates and their officers, directors, employees, shareholders, partners, Affiliates, agents or representatives, following the Closing for any breaches or alleged breaches of any representation, warranty or other provision of this Agreement or the transactions contemplated hereby except for non-monetary remedies being sought with respect to the breach of the non-competition provisions of Section 4.2.5 or any other agreement or covenant contained herein which requires performance on or after Closing and except for matters arising from the fraud of Cyprus Amax or Specialty. No party shall have any right to setoff any claims hereunder against any payments to be made by such party to another party pursuant to this Agreement or otherwise.
EXCLUSIVE NATURE. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination or validity thereof (a “Dispute”) shall be resolved in accordance with the procedures set forth in this Section 11. These procedures shall be the sole and exclusive process for the resolution of any such Dispute. However, either Party may seek from a court any interim or provisional relief that may be necessary to protect the rights or property (including Confidential Information) of that Party and for relief in the event of a breach or alleged breach of the terms of Section 10.1, pending the arbitral tribunal’s determination of the merits of the controversy.
EXCLUSIVE NATURE. Water to Sunrise will be of exclusive nature until the first 23 million gallons of water annually have been maximized. This maximization clause starts over automatically at each anniversary contract date. Before maximization, PMST may sell any surplus water not used to third parties, with the understanding that Sunrise demands for water will always take precedence as to the first twenty three million gallons of water.
EXCLUSIVE NATURE. 2.1 Pursuant to this Agreement Collagen shall have the exclusive right to distribute the Product to doctors in the Territory. Biopharmex shall not grant equivalent rights or rights of the same nature to any third parties throughout the term of this Agreement with the exception of the 21 countries appearing in Article 2.2
EXCLUSIVE NATURE. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination or validity thereof (a “Dispute”) shall be resolved in accordance with the procedures set forth in this Article IX. These procedures shall be the sole and exclusive process for the resolution of any such Dispute. However, any Party may seek from a court any interim or provisional relief that may be necessary to protect the rights or property (including Party Confidential Information) of that Party, pending the arbitral tribunal’s determination of the merits of the controversy.
EXCLUSIVE NATURE. WestPark is hereby engaged as the Company’s exclusive placement agent respecting services, as may be required by the Company for this Offering. WestPark agrees to syndicate parties introduced by issuer or by its advisor, Issuer can terminate offering as defined in the offering. Initials: /s/ RS & JP 1000 Xxxxxx xx xxx Xxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000 ● Ph (000) 000-0000 ● Fax (000) 000-0000 Giggles N Hugs Engagement Agreement May 22, 2013
EXCLUSIVE NATURE. The indemnification provisions of Article IX shall be the sole and exclusive remedy by any party and its respective Representatives against the other party following the Closing for any breaches or alleged breaches of any representation, warranty or other provision of this Agreement or otherwise with respect to the former, current or future business and operations of the Company and its Subsidiaries, any and all claims relating to this Agreement and the transactions contemplated hereby, except for any right that may exist to seek redress for common law fraud. Such remedies are intended to be noncumulative with respect to, and shall preclude the assertion by any party of, any other remedies which would otherwise have been available in common law or by statute, except for any right that may exist to seek redress for common law fraud. Nothing in this Section 9.6 shall be construed to limit in any way the rights and benefits of or the remedies available to any party to this Agreement under any other instrument or agreement to which such Person is a party.
