Exclusive Provider. During the term of this Agreement, Altisource will be the exclusive provider of all Services to Residential and all of Residential’s Affiliates.
Exclusive Provider. For as long as the ScriptPro Restrictions are in effect, ScriptPro shall be the exclusive manufacturer for the Units, the exclusive provider of the Kiosk Software to be installed on the Units, and the exclusive provider of Customer Acquisition Agreements. ScriptPro shall brand the Units with both the “Smart PharmAssist™” logo and the standard ScriptPro logo. 5000 Xxxxx Xxxx • Xxxxxxx, XX 00000-0000 • 913.384.1008 • wxx.xxxxxxxxx.xxx
Exclusive Provider. During the term of this Agreement, Client agrees that it shall exercise its best efforts to promote the Program to encourage all of its distributors to become Subscribers. Client agrees to make Vendor’s Program the exclusive Program and not to allow its distributors to use any other similar or competing Program.
Exclusive Provider. Customer represents and warrants that Fidelity, its affiliates and/or subcontractors will be Customer’s sole and exclusive provider of the Services.
Exclusive Provider. Subject to Section 2.1 above, without the prior written consent of LLC, during the Initial Term or any renewal term of this Agreement, Vet USA shall not sell, lease, lend, purchase, develop or evaluate for sale, directly or indirectly, through one or more relationships or contracts, any products that, in the reasonable judgment of LLC, are, would, or contain technologies competitive with the Products or Services. This limitation shall include, but not be limited to digital radiography detection components devices or panels, digital radiography acquisition software, PACS, or Data Hosting from any other third party, company, or entity (“Competitive Products”). For purposes of this Agreement, panels shall include, but not be limited to digital radiography flat panel detectors, computed radiography, and CCD based technologies. Vet USA may take as a trade-in on and credit towards the sale of new Products used products owned by Customer(s), and Vet USA may sell up to a total of seventy-five (75) used and refurbished products per year, and such units shall not be deemed Competitive Products. Notwithstanding the foregoing, in the event that, during the Initial Term or any renewal term of this Agreement, LLC is unable to timely supply for a period of more than sixty (60) days Vet USA’s orders of Competitive Products or other Products or Services limited by this Section 10.5, Vet USA may, for so long as such inability continues and a reasonable sell-off period thereafter, purchase and distribute any such Products, Services or Competitive Products from third parties without limitation.
Exclusive Provider. Schlumberger agrees that it will consider ERF its exclusive provider of the type of wireless broadband products and services included in the Services throughout the Territory, provided that such collaboration is not prohibited by operation of law. The exclusivity set forth in the previous paragraph is subject to ERF Wireless offering its services at commercial quality acceptable to Schlumberger. Schlumberger will notify ERF of regions to which Services should be provisioned (as defined by Schlumberger business demographics analysis) within a minimum timeframe of six months prior to the intended business inception date or the first day of the Services commercial availability and ERF shall be offered a “Right of First Refusal” to build, acquire, lease, or otherwise provide the infrastructure required to provide the Services therein. Should ERF not be able to provide the Services or declare no intention to deploy such service in a region of the Territory where Schlumberger has expressed significant business interest, the region shall be declared exempt of this agreement and defined in Schedule E. Should ERF elect to not provide the services in the Territory required by Schlumberger, ERF will notify Schlumberger of that fact within sixty days of the original request by Schlumberger that they will not exercise their Right of First Refusal. This clause shall only apply to Schlumberger’s SIS RCO NAM business.
Exclusive Provider. Schlumberger agrees that it will consider ERF its exclusive provider of the type of wireless broadband products and services included in the Services throughout the Territory, provided that such collaboration is not prohibited by operation of law. The exclusivity set forth in the previous paragraph is subject to ERF Wireless offering its services at commercial quality acceptable to Schlumberger. Schlumberger will notify ERF of regions to which Services should be provisioned (as defined by Schlumberger business demographics analysis) within a minimum timeframe of six months prior to the intended business inception date or the first day of the Services commercial availability and ERF shall be offered a “Right of First Refusal” to build, acquire, lease, or otherwise provide the infrastructure required to provide the Services therein. Should ERF not be able to provide the Services or declare no intention to deploy such service in a region of the Territory where Schlumberger has expressed significant business interest, the region shall be declared exempt of this agreement and defined in Schedule E. Should ERF elect to not provide the services in the Territory required by Schlumberger, ERF will notify Schlumberger of that fact within sixty days of the original request by Schlumberger that they will not exercise their Right of First Refusal. For deployments in Canada, where the Technology is already available (is technically operational and available for commercial purchase) within the Territory, ERF shall be offered a “Right of First Refusal” to offer an equivalent or superior service. Pricing shall be negotiated by the parties in good faith. This clause shall only apply to Schlumberger’s SIS RCO NAM business.
Exclusive Provider. Bridge agrees that Sprint shall be its exclusive provider of frame relay services during the Term of this Agreement as long as Sprint complies with the terms of this Agreement. As such, Bridge shall award to Sprint one hundred percent (100%) of its frame relay business. In the event that Bridge acquires a company that has a term plan for the Products and Services with another carrier, this provision will only apply to such acquired company after the expiration of any existing term plan.
Exclusive Provider. Sub-Merchant understands and agrees that WorkWave will be Sub-Merchant’s exclusive provider of the Service during the term of the Agreement; provided, however, that the foregoing is not intended to prohibit Sub-Merchant from using terminal processing services offered by competitors to deliver Visa transactions captured at the point of transaction directly to VisaNet for clearing and settlement.
Exclusive Provider. During the two (2) year period following Closing, Seller Parties and their majority-owned Subsidiaries shall engage only Purchaser, as the exclusive provider, for all third party ingredient test work (“Test Services”) that Seller Parties and their majority-owned Subsidiaries require and that Purchaser has the ability to perform. Seller Parties and Purchaser agree that the price for such Test Services shall be discounted by […***…] percent ([…***…]%) from the price that Purchaser otherwise charges independent third parties for such Test Services, provided, however, such discount shall not apply to any Test Services (a) conducted by third-parties, (b) conducted at Purchaser’s Anaheim facility, (c) involving monographs, (d) involving client-specific methods, or (d) involving any non-routine testing. Purchaser’s engagement to perform Test Services shall be subject to Purchaser’s standard terms and conditions set forth in Schedule 7.16 attached hereto, and that Article XI of this Agreement shall not apply with respect to such engagement or any non-fulfillment, non-performance or other breach by any of the parties of this Section 7.16. At such time as Seller Parties or their majority-owned Subsidiaries require Test Services, Seller Parties shall, or shall cause their majority-owned Subsidiaries to, make a written request to Purchaser describing the requested Test Services and the requested completion date, and Purchaser shall notify Seller Parties or Seller Parties’ majority-owned Subsidiaries, as applicable, in writing within ten (10) days following its receipt of such written request whether Purchaser has the ability to timely perform the requested Test Services; provided, however, if the requested completion date is not within Purchaser’s standard time frame for completing Test Services, the performance of those Test Services shall be subject to an upcharge for expedited service. If Purchaser does not provide such written notice to Seller Parties or Seller Parties’ majority-owned Subsidiaries, as applicable, within such ten (10) day period or notifies Seller Parties or Seller Parties’ majority-owned Subsidiaries, as applicable, within such ten (10) day period that it is unable to timely perform the requested Test Services, Seller Parties and their majority-owned Subsidiaries may thereafter purchase such Test Services from one or more third parties free of any obligation to Purchaser pursuant to this Section 7.16. If Purchaser does notify Seller Parties or Sel...
