Exclusive Source. For each model of Customized Thermostat, beginning on the date of Final Acceptance of the relevant PTU’s and continuing as long as Comverge is WR’s exclusive reseller of that Customized Thermostat, Comverge will purchase all of its requirements for that Customized Thermostat and Equivalent Thermostats (as defined below) exclusively from WR. Moreover, Comverge will not engage in discussions or negotiations with other persons or entities for purposes of obtaining Customized Thermostats or Equivalent Thermostats from any source other than WR during such period of time; provided, however, Comverge shall not be prohibited from entering into such discussions or negotiations if Comverge rejects the applicable PTU’s pursuant to Article 3.4 or the Customized Thermostats encounter warranty claims of aggregate failure rates in excess of 2% during the then-most-recent twelve-month period (as verified by WR). Notwithstanding the foregoing, Comverge may: (i) honor contractual obligations in existence on the date of Final Acceptance to purchase Equivalent Thermostats from other suppliers; and (ii) honor existing relationships with any of the customers listed in Exhibit A by supplying them with Equivalent Thermostats purchased from other suppliers, but only if the applicable customer listed in Exhibit A specifically requests or requires that Comverge supply Equivalent Thermostats; provided, however, that Comverge shall use commercially reasonable efforts to promote the sale of Customized Thermostats to such customers. “Equivalent Thermostats” means thermostats that have the same or substantially similar application and/or function as do the Customized Thermostats.
Exclusive Source. Subject to the provisions of this Agreement, Pfizer shall purchase all of its requirements of the Product exclusively from Auxilium pursuant to the terms of this Article 7.
Exclusive Source. The sole and exclusive source of payment for any Damages asserted under Subsection 9.1(b) (other than with respect to the Fundamental Representations) shall be limited to the Escrow Fund (as reduced from time to time in accordance with the Agreement).
Exclusive Source. In partial consideration for the exclusive license granted to UT herein, UT shall purchase U.S. cGMP commercial Product solely from GMEL during the term of this Agreement following the First Commercial Sale of Product by UT, its Affiliates or permitted sublicensees. UT shall neither manufacture Product nor purchase Product from a Third Party without the prior written consent of GMEL. GMEL shall be responsible for the timely delivery to UT of the amount of U.S. cGMP Product that UT reasonably requires from time to time during the term of this Agreement. UT shall notify GMEL in writing promptly upon the First Commercial Sale of a Product by UT, its Affiliates or its sublicensees in each country of the Territory.
Exclusive Source. During the Term, AMVAC shall purchase one hundred percent (100%) of its requirements for the Compound TGAI from BASF or an Affiliate thereof exclusively pursuant to the terms and conditions of this Agreement.
Exclusive Source. Subject to the provisions of this Agreement, Actelion shall purchase all of its requirements of Bulk Product (i.e., Units of Product) exclusively from Auxilium pursuant to the terms of this ARTICLE 7.
Exclusive Source. Subject to the provisions of this Agreement, Sobi shall purchase all of its requirements of Product (including Finished Product) exclusively from Auxilium pursuant to the terms of this ARTICLE 7. *** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.
Exclusive Source. During any period of time that the exclusivity provisions of Paragraph 2(e) and 2(f) are in effect, XXXXXX will use SUPPLIER as its exclusive supplier of systems capable of performing thermal cycling with real-time optical detection.
Exclusive Source. During the Term, the Transition Term and for two years following the end of the Transition Term, neither Bruker nor any of its Affiliates will directly or indirectly sell any (a) primers and related reagent solutions or (b) analysis software or databases for use with the T5000 System other than those purchased from Ibis.
Exclusive Source. Except as provided in Section 2.3.2.1, from and after the Commercial Operation Date and continuing for the remainder of the Term, (a) the Partnership shall sell and deliver to Philxxxx, xxd Philxxxx xxxll purchase and accept from the Partnership, Electrical Energy at the Electrical Energy Point of Delivery, and (b) the Partnership shall make available and Philxxxx xxxll reserve electrical capacity generated by the Project, all in accordance with the terms and conditions set forth in this Section 2. Philxxxx xxxll not purchase any electrical energy or capacity for HCC from any other source, without the consent of the Partnership, except as set forth in Section 2.8, as contemplated by the Standby Agreement, if Philxxxx xxx electrical energy requirements in excess of 90 MW or when the Partnership does not meet its obligations to supply Electrical Energy to Philxxxx xxxer this Agreement. In addition, Philxxxx xxxll not purchase or use any equipment for the sole purpose of generating electrical energy; provided, however, Philxxxx xxx purchase or use any equipment to generate electrical energy derived from the optimization of its process unit operations.
