Exclusive Purchase of Product. During the Term and subject to the terms and conditions of this Agreement, GSK agrees to exclusively supply and sell to Prometheus, and Prometheus agrees to exclusively purchase from GSK, the Products. Notwithstanding the foregoing, GSK shall have the right to supply the Products to its Customers prior to the Commencement Date to fill Customer Orders accepted by GSK prior to the Commencement Date.
Exclusive Purchase of Product. 1.2.1 Ideas & Cars hereby appoints the Company as its sole and exclusive supplier of Apple products throughout the Term of this Agreement. Ideas & Cars agrees to acquire and shall purchase any and all Apple products for pricing and competitions exclusively from the Company during the Term of this Agreement, subject to its Minimum Purchase Obligation in each calendar year during the Term as set forth in Section 2.1 below. Ideas & Cars hereby agrees not to purchase or acquire, directly or indirectly, any Apple products from any third-party other than from the Company and its Affiliated Companies through the term of this Agreement.
Exclusive Purchase of Product. For the period of the above distribution rights, Ethicon agrees that Omrix will be Ethicon's and its Affiliates' exclusive supplier of human plasma derived hemostats and sealants for use in the Field in the Territory; provided that, Omrix agrees that its sole and exclusive remedy for a breach of this provision shall be to terminate this Agreement and/or seek damages against Ethicon (and not any of its Affiliates) and Omrix shall not be entitled and hereby waives any right to seek injunctive relief or any damages against any of Ethicon's Affiliates. For purposes of this Section 2.6 only, "Territory" where used without reference to one or more of the Products shall mean all the Territories set forth in Section 2.3 applicable to one or more of the Products. For the avoidance of doubt, the foregoing restriction restricts Ethicon and its Affiliates from internally sourcing human plasma derived hemostats and sealants for use in the Field in the Territory. If such exclusivity is not enforceable under applicable law and Ethicon or its Affiliates sell or distribute human plasma derived hemostats and sealants of any party other than Omrix in a country in the Territory, and Ethicon fails to cure such breach or nonperformance within sixty (60) days after receiving written notice from Omrix thereof, Omrix may make non-exclusive, upon written notice to Ethicon made within sixty (60) days of the end of such cure period, (A) if such country is in the European Union, all exclusivity rights of Ethicon hereunder in the portion of the Territory that is in the European Union, (B) if such country is the United States, all exclusivity rights of Ethicon hereunder in the United States and (C) if such country is not in the European Union and is not the United States, all exclusivity rights of Ethicon hereunder in such country; provided that such termination of exclusivity shall be Omrix's sole and exclusive remedy for any breach of this Section 2.6. The provisions of this
Exclusive Purchase of Product. Subject to the terms and conditions of this Agreement, GSK agrees to supply and sell to Myogen, and Myogen agrees to purchase from GSK, one hundred percent (100%) of Myogen's requirements of Product during the Term at the applicable transfer prices specified in Section 5.6. Product sold by GSK under this Agreement will have a minimum of twelve (12) months' shelf life remaining on the Product as of the delivery date to Myogen. [..**..] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
