Exclusivity Minimum Sample Clauses

Exclusivity Minimum. The exclusive marketing rights and ownership rights in the Product and the intellectual property related to the Product granted to DRG shall remain exclusive for fourteen months from the first air date of the final version of the Infomercial (“Initial Term of Exclusivity”). Thereafter, the exclusivity rights granted to DRG hereunder shall continue if DRG sells a minimum of Fifty Thousand (50,000) Basic Units per year (the “Exclusivity Minimum”). At the time that DRG has achieved the Fifty percent (50%) Ownership Interest as set forth in Section 5.2, DRG’s exclusivity rights shall become permanent. If DRG fails to sell the Exclusivity Minimum to retain the rights granted by Owner under this Agreement, then upon written notice to DRG from Owner, DRG’s ownership interest in the intellectual property rights to the Product and Patent shall terminate and revert to Owner; and DRG’s marketing rights hereunder shall become non-exclusive for the duration of the Term, excepting that for the balance of the Term DRG shall retain the right to exclusively market to domestic consumers and accounts then existing and to internationally market in those countries where it has established a successful market for the Product.
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Exclusivity Minimum. During the Term of this Agreement, Arbor shall not grant, directly or indirectly, licenses or any rights to market or sublicense the Software to the companies described on Exhibit F attached hereto (the "Exclusivity Companies"), provided that Comshare makes the following minimum payments:
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Exclusivity Minimum. Section 5(e) of the License Agreement is hereby deleted in its entirety from the License Agreement. Exhibit F attached to the License Agreement (titled "Exclusivity Companies") is hereby deleted in its entirety.
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Exclusivity Minimum. The exclusive marketing rights granted to THANE shall remain exclusive for two years (1) from Roll-out ("INITIAL TERM OF EXCLUSIVITY"). Thereafter, the exclusivity of the rights granted shall extend automatically for additional one year periods, if OWNER receives a minimum of $[*****] in Net Revenue by the end of the Initial Term of Exclusivity or any yearly period thereafter. If OWNER receives less than the minimum in Net Revenue to automatically extend exclusivity, then upon written notice to THANE from OWNER, THANE's rights hereunder shall become non-exclusive for the duration of the Term, excepting that THANE shall retain the right to exclusively market to existing customers. THANE may advance Net Revenue compensation to meet the exclusivity minimums in any given year, on a non-refundable but recoupable basis.
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Exclusivity Minimum. The exclusive marketing rights granted to THANE shall remain exclusive for two years (1) from Roll-out ("INITIAL TERM OF EXCLUSIVITY"). Thereafter, [******]
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Related to Exclusivity Minimum

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Non-Exclusivity of Services The Manager is free to act for its own account and to provide investment management services to others. The Fund acknowledges that the Manager and its officers and employees, and the Manager's other funds, may at any time have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired or disposed of under this Agreement for the Fund. Neither the Manager nor any of its officers or employees shall have any obligation to effect a transaction under this Agreement simply because such a transaction is effected for his or its own account or for the account of another fund. Fund agrees that the Manager may refrain from providing any advice or services concerning securities of companies for which any officers, directors, partners or employees of the Manager or any of the Manager's affiliates act as financial adviser, investment manager or in any capacity that the Manager deems confidential, unless the Manager determines in its sole discretion that it may appropriately do so. The Fund appreciates that, for good commercial and legal reasons, material nonpublic information which becomes available to affiliates of the Manager through these relationships cannot be passed on to Fund.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Exclusivity Period During the Exclusivity Period each Party shall:

  • Nonexclusivity, Etc The rights of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Company's Amended and Restated Bylaws or the Delaware General Corporation Law or otherwise. To the extent that a change in the Delaware General Corporation Law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded currently under the Company's Amended and Restated Bylaws and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change.

  • Exclusivity of Services The Subadviser shall devote its best efforts and such time as it deems necessary to provide prompt and expert service to Client and the Fund. The services of Subadviser to be provided hereunder are not to be deemed exclusive and Subadviser shall be free to provide similar services for its own account and the accounts of other persons and to receive compensation for such services. Client acknowledges that Subadviser and its Affiliates and Subadviser's other clients may at any time, have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired for or disposed of under this Agreement for the Fund. Subadviser shall have no obligation to acquire or dispose of a position in any investment pursuant to this Agreement simply because Subadviser, its directors, members, Affiliates or employees invest in such a position for its or their own accounts or for the account of another client.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution.

  • For clarity the time allowances provided in clause 2.10 shall operate to reduce the maximum timetabled classroom teaching time specified in clause 4.2 of this agreement.

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