Exclusivity Provisions. In order for Dealer to maintain competitive Dealership Facilities to effectively market Nissan Products, Dealer hereby agrees to abide by and never challenge, except as provided in Article Fifteenth (c), the following provisions (hereinafter "Exclusivity Provisions"
Exclusivity Provisions. Except as otherwise provided herein, your personal professional services shall be exclusive to Studio. Moreover, you shall not make any investments after the date hereof other than as permitted in Paragraph 3.b below. The foregoing two sentences of this Paragraph 3 shall be collectively referred to herein as the “Exclusivity Provisions”. Paragraph 3.b shall be an exception to the Exclusivity Provisions and Paragraph 8 below.
Exclusivity Provisions. (i) During the term of this Agreement and except as specifically permitted in this Agreement, Focal shall not:
(A) with respect to the Territory, grant or license to or otherwise permit any third party to (a) use, make, have made, lease, sell or otherwise commercialize the Products in the Field or (b) use the Know-How to make, have made, use, lease or sell or otherwise commercialize any product that competes with the Products in the Field; and
(B) with respect to the Territory, (a) use, make, have made lease, sell or otherwise commercialize the Products in the Field or (b) use the Know-How to make, have made, use, lease or sell or otherwise commercialize any product that competes with the Products in the Field. As used in subsections (A) and (B) above, the phrase "competes with the Products" shall not be deemed to refer to the occasional and sporadic off-label use of products in the Field.
(ii) Except as may be contemplated by this Agreement, Focal shall cooperate with Ethicon and take all actions reasonable and appropriate to prohibit and prevent third parties, including any licensee of Focal, from making, using, leasing or selling any, product which uses the Know-How which is obtained from or through Focal in competition with any Product in the Field, including, without limitation, the termination of licenses and contract rights.
(iii) Except as may be contemplated by this Agreement, Focal shall not, with respect to any products which use the Know-How, place on such product or its packaging any CE xxxx obtained in connection with or related to any Product, or allow any such CE xxxx to be placed thereon, either by Focal or by any third party.
Exclusivity Provisions. The Whitehall Group will agree not to enforce, either individually or on behalf of the Company, any exclusivity provisions in the Operating Agreement which the Whitehall Group has the authority to enforce. Subject to the preceding sentence, upon reasonable request by WRP and/or WCPT and their affiliates, the Whitehall Group will acknowledge the foregoing covenant to any third party entering into a transaction with WRP and/or WCPT.
Exclusivity Provisions. Seller hereby grants Buyer limited exclusivity with respect to the fuel cell technology being developed under this Agreement as described in Attachment 3, License and Exclusivity Provisions.
Exclusivity Provisions. In consideration of ViaSat’s obligations set forth in Section 4.4 below, ViaSat shall through the End of Life of the Satellite remain the sole and exclusive supplier of end-users broadband terminals (indoor modems and outdoor transceivers, antenna units and related software) and hub (SMTS) equipment for any two way service operated by a Canadian Operation (defined below) over the Loral Payload; provided that the terms of this paragraph shall continue to apply so long as (i) ViaSat remains in the business of the design, manufacture and distribution of equipment suitable for such applications for Eutelsat or other significant customers in addition to Loral, (ii) such terminals and equipment are of merchantable quality, (iii) and such terminals and equipment perform in accordance with final specifications provided to the Key Distributor (defined below), which shall be generally consistent with the specifications described on Annex 4.3 attached hereto and ViaSat does not materially breach the contractual obligations between ViaSat and Loral with respect to such performance specifications (collectively, the “ViaSat Obligations”). In the event ViaSat is in material breach of the ViaSat Obligations, the Canadian Operator shall provide notice to ViaSat of such breach and provide ViaSat no less than 60 days to cure such breach (and an opportunity to arbitrate the matter hereunder) prior to the ViaSat Obligations terminating.
Exclusivity Provisions. Yacht Club further agrees that so long as Cotton Club is not in default of this Agreement, it will not allow any other vessel which is primarily engaged in the business of gaming to tie up at its dock or otherwise occupy any waterfront space in which Yacht Club has any rights, title or interest. Cotton Club agrees that so long as it, or any of its successors, continues to operate, or continues to have an interest in, the gaming casino contemplated by this Agreement, neither Cotton Club nor any such successor to Cotton Club will negotiate for or enter into any agreement for dockage of any vessel to be used for gaming purposes at any other location in the Greenville, Mississippi area; provided, however, during the third option term of this Agreement Cotton Club or its successor or successors shall not be restricted from negotiating or entering into any agreement for dockage of a gaming vessel on Lake Xxxxxxxx.
Exclusivity Provisions. Tenant acknowledges that Prime Landlord is a party to a lease dated November 10, 1998 with Hamada Resort, Inc. (the “Hamada Lease”), which was rejected in a bankruptcy proceeding Section 6.8 of the Hamada Lease prohibits the Prime Landlord from leasing to another restaurant tenant at the Resort that has Asian Foods as its primary menu items. Similarly, Tenant acknowledges that Prime Landlord is a party to a lease dated November 2, 1998 with Spiedini, Inc. (the “Spiedini Lease”), which was rejected in a bankruptcy proceeding. Section 6.8 of the Spiedini Lease prohibits the Prime Landlord from leasing to another restaurant tenant at the Resort that has Italian Food as its primary menu items. The foregoing restrictions in the Hamada Lease and the Spiedini Lease are referred to as the “Exclusivity Provisions.” Section 6.8 of the Hamada Lease and Section 6.8 of the Spiedini Lease are set forth in Exhibit “2.12.” Tenant agrees to comply with the Exclusivity Provisions and any new exclusivity provisions that Prime Landlord may enter into with tenants of the Resort after the date of this Lease; provided that Landlord shall cause Prime Landlord not to enter into any new exclusivity provisions that would prevent Tenant from operating a Required Food Facility and/or buffet. Notwithstanding any other provision of this Lease, Landlord shall cause Prime Landlord not to enter into any lease after the date of this Lease for any part of the Resort that restricts Tenant’s ability to operate any of the following: (a) a fine dining restaurant; (b) a steak house; or (c) a coffee shop, buffet or general purpose restaurant that offers a varied menu.
Exclusivity Provisions a. Until the earlier of (i) the Company owning Shopping Centers whose aggregate acquisition costs are at least equal to One Hundred Twenty-five Million Dollars ($125,000,000.00) (including the values ascribed to the Initial Acquisition Properties), (ii) the Investment Termination Date, or (iii) the Company terminates, all opportunities presented to Ramco involving the acquisition of any Shopping Centers in the Midwest, Mid-Atlantic and Northeast United States, or any opportunity involving the participation in any transactions designed to acquire any Shopping Centers in the Midwest, Mid-Atlantic and Northeast United States, shall first be presented exclusively to the Company except for the following: (i) transactions involving an UPREIT transaction (i.e., a transaction whereby property is contributed to a limited partnership or other type of operating entity, and the general partner or operator, and majority owner of the interests in such limited partnership or entity, is a real estate investment trust); (ii) transactions involving undeveloped property acquired for the purpose of development of a Shopping Center by Ramco or any Affiliate of Ramco; and (iii) transactions of up to Twenty-five Million Dollars ($25,000,000.00) which are effectuated to cause a Section 1031 like kind exchange pursuant to applicable provisions of the Code. At the earlier of the Company owning Shopping Centers whose aggregate acquisition costs are at least equal to One Hundred Twenty-five Million Dollars ($125,000,000.00) (including the values ascribed to the Initial Acquisition Properties), the Investment Termination Date, or the Company terminates, Ramco and its Affiliates shall have the unrestricted right to acquire any Shopping Center in the Midwest, Mid-Atlantic and Northeast United States. In connection herewith, Ramco agrees that, prior to the Investment Termination Date, it shall use reasonable efforts to identify and present to the Investment Committee Shopping Centers that meet the Target Investment Criteria and are to be presented pursuant to the provisions of this Section 4.05a.
b. Ramco hereby agrees that if Ramco or one of its Affiliates comes upon, or is presented with, an opportunity to acquire a Shopping Center, Ramco shall notify the Investment Committee of the New Opportunity (the "New Opportunity Notice"). The New Opportunity Notice shall contain, to the extent possible, such information as shall be reasonably necessary to evaluate the new opportunity including,...
Exclusivity Provisions. 4.7(a) FCC...................................................... 2.3
