Exclusive Supplier Arrangement Sample Clauses

Exclusive Supplier Arrangement. 3.1.1 Subject to the provisions of Section 7 hereof, so long as this Agreement shall remain in effect, Buyer agrees to satisfy solely through Buyer's purchase of the ATS Nutrient Solution under this Agreement, 100% of Buyer's and Buyer's sublicensees' (if any) requirements of solutions containing ingredients substantially similar to the ATS Nutrient Solution and that it shall not (and shall cause its sublicensees, if any, not to), directly or indirectly, use, sell offer for sale, market or distribute any solution competitive with the ATS Nutrient Solution. 3.1.2 Subject to the terms and conditions of this Agreement (including, without limitation, Section 5.1), ATS shall not during the Contract Term sell ATS Nutrient Solution or any other substantially similar solution to any non-Affiliate third party for use as an ingredient for nutraceuticals within the Marketplace within the Territory ("Supply Restriction"). ATS, within the limitations contained in this Section 3, agrees to use commercially reasonable efforts to sell to Buyer such quantities of ATS Nutrient Solution as Buyer may require during the Contract Term. It is understood that ATS shall have the right in connection with its supply obligations hereunder to contract with respect to the manufacture of the ATS Nutrient Solution with such third parties as ATS deems advisable in its sole discretion.
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Exclusive Supplier Arrangement. 3.1.1 Subject to the provisions of Section 7 hereof, so long as this Agreement shall remain in effect, Buyer agrees to satisfy solely through Buyer's purchase of the ATS Solutions under this Agreement, 100% of Buyer's and Buyer's sublicensees' (if any) requirements of solutions containing antioxidants or growth factors for use as substrates for the Skin Treatment System and that it shall not (and shall cause its sublicensees, if any, not to), directly or indirectly, use, sell offer for sale, market or distribute any solution having similar constituents as the Basic Solution or Enhanced Solution for use in connection with its Skin Treatment System. In this Section 3.1.1, the terms relating to solutions containing antioxidants or growth factors does not extend to solutions designed for chemical peeling of skin, for antibiotic effects, for anti-inflammatory effects, for anti-fungal effects, for anesthetic effects or for other medical purposes wherein such solutions may contain compositions that provide some incidental antioxidant effects or contain incidental constituents described as growth factors. 3.1.2 Subject to the terms and conditions of this Agreement (including, without limitation, Section 5.1), ATS shall not during the Contract Term sell ATS Solutions or any other solution containing antioxidants and/or growth factors to any non-Affiliate third party for use as an aqueous substrate in connection with the provision of any dermabrasion or related skin treatment with a microdermabrasion system or any other skin treatment system that utilizes an instrument having a working end for engaging the skin and for contemporaneously delivering a fluid agent to the skin through media entrance ports in the working end within the Marketplace within the Territory ("Supply Restriction"). ATS, within the limitations contained in this Section 3, agrees to use commercially reasonable efforts to sell to Buyer such quantities of ATS Solutions as Buyer may require during the Contract Term. It is understood that ATS shall have the right in connection with its supply obligations hereunder to contract with respect to the manufacture of the ATS Solutions with such third parties as ATS deems advisable in its sole discretion

Related to Exclusive Supplier Arrangement

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