Exclusivity Arrangements. (a) During the Term, except as otherwise directed or approved in writing by Delta, in Delta’s sole discretion, Pinnacle and Mesaba, in aggregate, shall not operate more than ***departures per day under either of their own flight designator codes into or out of any Hub Location.
(b) If, during the Term, Pinnacle or Mesaba operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than ***pounds and certificated for *** or fewer passenger seats but configured with *** or fewer passenger seats for itself or a carrier other than Delta or an Affiliate of Delta, then Pinnacle or Mesaba, as applicable, shall not operate any jet aircraft configured with between *** and *** passenger seats for itself or a carrier other than Delta or an Affiliate of Delta in any city pair that is served, on a non-stop basis by Delta or an Affiliate of Delta.
(c) Nothing in this Agreement shall preclude Delta from entering into code share, alliance or other commercial cooperation arrangements with any other airline or entering into similar or other arrangements with other carriers for the provisioning of regional airline services using CRJ200 aircraft or any other aircraft to or from the Hub Locations, the Service Cities or elsewhere.
(d) Except as set forth in Section 2.14(a) and (b) above, nothing in this Agreement shall preclude Pinnacle or Mesaba from operating an aircraft for another carrier other than Delta or an Affiliate of Delta under the flight designator code of such other carrier into any Hub Location or preclude an Affiliate of Parent other than Pinnacle or Mesaba from operating any aircraft for itself or a carrier other than Delta or an Affiliate of Delta to or from the Hub Locations, the Service Cities or elsewhere.
Exclusivity Arrangements. During the term of this Agreement, neither Pinnacle Corp., Pinnacle, nor any Affiliate of Pinnacle Corp. shall operate any flights to or from the Hub Cities using its own airline code or the airline code, logo, or any other identifying feature of a foreign or United States airline (other than Northwest) without the express prior written consent of Northwest. Nothing in this Agreement shall preclude Northwest from (i) entering into code share, alliance or other commercial cooperation arrangements with any other airline, or (ii) entering into similar or other arrangements with other carriers for the provisioning of regional airline services using Canadair Regional Jets, turboprop aircraft or any other aircraft to or from the Hub Cities, the same Service Cities or elsewhere.
Exclusivity Arrangements. Except as set forth in Schedule 2.16(e) of the Disclosure Schedule, neither IRG nor CNR is a party to any exclusive client contracts, partnership agreements or alliance agreements in favor of third parties.
Exclusivity Arrangements. Midwest and SkyWest agree that this Agreement shall not prevent either party from engaging in other similar arrangements or agreements with other carriers, except that the Aircraft are for the exclusive use of Midwest as provided in Section 3.01. Nothing in this Agreement shall preclude Midwest from (i) entering into code share, alliance or other commercial cooperation arrangements with any other airline, or (ii) entering into similar or other arrangements with other carriers for the provisioning of regional airline services using Canadair Regional Jets, other regional jets, turboprop aircraft or any other aircraft to or from the Hub Cities, the same Service Cities or elsewhere.
Exclusivity Arrangements. Except as set forth in Section 3.25(c) of the Company Disclosure Letter, no franchisee of the Company has a protected territory, exclusive territory, covenant not to compete, right of first refusal, option to acquire additional territories or other similar arrangement with the Company or any of its affiliates which in any case would be material to the Company and its Subsidiaries, taken as a whole (collectively, the “Territorial Rights”), pursuant to which the Company is restricted in any way in its right to own or operate, or license others to own or operate, any business or line of business. Except as set forth in Section 3.25(c) of the Company Disclosure Letter, no Franchisee’s Territorial Rights conflict with the Territorial Rights of any other Franchisee.
Exclusivity Arrangements. Except as set forth in the Franchising Contracts, or except as may be granted by operation of law, no franchisee or developer of the Company has a protected territory, exclusive territory, covenant not to compete, right of first refusal, option to acquire additional territories or other similar arrangement with the Company or any of its affiliates which in any case would be material to the Company (collectively, the “Territorial Rights”) pursuant to which (i) the Company is restricted in any way in its right to own or operate, or license others to own or operate, any business or line of business; or expansion of the franchisee’s territory. Except as may be granted by operation of law, no Franchisee’s Territorial Rights conflict with the Territorial Rights of any other Franchisee.
Exclusivity Arrangements. Except as set forth in the Franchising Contracts, or except as may be granted by operation of law, no Franchisee or developer of the Company has a protected territory, exclusive territory, covenant not to compete, right of first refusal, option to acquire additional territories or other similar arrangement with the Company or any of its affiliates which in any case would be material to the Company (collectively, the “Territorial Rights”) pursuant to which (i) the Company or any of its affiliates is restricted in any way in its right to own or operate, or license others to own or operate, any business or line of business; or expansion of the Franchisee’s territory. Except as may be granted by operation of law, no Franchisee’s Territorial Rights conflict with the Territorial Rights of any other Franchisee. The consummation of the transactions contemplated hereby will not cause the Company to violate or breach any provisions with respect to Territorial Rights under any Franchise Agreements, licenses or area development agreements between the Company, any Subsidiary or any Franchisee.
Exclusivity Arrangements. CBS shall use its commercially reasonable efforts (which efforts shall not require the payment of additional consideration to third-party licensors) to obtain such contractual or other rights from third parties as may be necessary so that the Exclusivity Arrangements will apply to all Licensed Network Programs as if such Licensed Network Programs were CBS Owned Network Programs for purposes of clause (ii) of Paragraph 1(b) hereof. CBS shall provide Broadcaster with prompt written notice in the event that the Exclusivity Arrangements will not apply to any Licensed Network Program, which notice shall be dispatched no later than (A) the date that is seven days after the public announcement by CBS that it will carry such Licensed Network Program in its program schedule for the Broadcast Season, (B) if such Licensed Network Program was not originally included in the program schedule for the Broadcast Season, the date on which CBS offers such Licensed Network Program to CBS affiliates for simultaneous television broadcasting on the CBS Network, or (C) with respect to any such Licensed Network Program (other than a series pilot), the date that is seven days after CBS has entered any agreement that is inconsistent with the Exclusivity Arrangements.
Exclusivity Arrangements. The BIA contains certain exclusivity arrangements in favour of Xxxxx. In summary, during the Exclusivity Period: – No shop: ROC must not encourage or solicit a Competing Transaction; – No talk: ROC must not participate in any negotiations or provide any non-public information to a third party in relation to a Competing Transaction (unless the ROC Board has determined, in good faith and acting reasonably that the Competing Transaction could reasonably be considered to become a Superior Proposal and failing to respond to it would be likely to constitute a breach of fiduciary or statutory obligations owed by the ROC Directors); and – Notification of approaches: XXX must promptly inform Xxxxx if it receives any Competing Transaction and provide the identity of the person making the approach and the material details of the approach (unless the ROC Board has determined, acting in good faith, that this would be likely to constitute a breach of the fiduciary or statutory obligations owed by the ROC Directors). Under the BIA, ROC must also cease any discussions or negotiations existing as at 4 August 2014 relating to a Competing Transaction or any transaction that is reasonably likely to reduce the likelihood of the success of the Takeover Bid.
Exclusivity Arrangements. CMS is not a party to any exclusive contract or partnership, joint venture or alliance agreement in favor of third parties.
