Exclusivity Rights. Except as otherwise provided by law, rights granted to the Brevard Federation of Teachers in Article V of this Agreement shall not be granted to any other union of employee organization which is organized for the purpose of representing teachers in collective bargaining.
Exclusivity Rights. A Sponsor that elects to participate in the Sponsorship program and that is awarded a Category(s) shall be entitled to those exclusive rights within the Category(s) awarded as are specified above in those MGs in which Sponsor's advertisement appears.
Exclusivity Rights. Pfizer shall have the sole right to apply for and secure exclusivity rights that may be available under the Law of countries in the Territory for the Licensed Products in the Field, including any data or market exclusivity periods such as those periods listed in the FDA’s Orange Book, or other similar compendium, or periods under national implementations of Article 10.1(a)(iii) of Directive 2001/EC/83 (including any pediatric exclusivity extensions or other forms of regulatory exclusivity that may be available), and all international equivalents. Lpath shall use Commercially Reasonable Efforts to cooperate with Pfizer and to take such reasonable actions to assist Pfizer, in obtaining such exclusivity rights in each country in the Territory, as Pfizer may reasonably request from time to time, at Pfizer’s expense.
Exclusivity Rights. (a) With respect any particular JV Multi-Client Study, HBI and MFI each agree that they will not produce online research products that compete directly with the respective JV Multi-Client Study. Research that is related to the same industry or population but does not directly compete with the respective JV Multi-Client Study, and research conducted after expiration of a time period after completion of the respective JV Multi-Client Study (such period either to be mutually agreed upon prior to commencement of the JV Multi-Client Study or, absent such agreement, for so long as the JV Multi-Client Study is a commercially viable product), will be deemed not to compete directly with the respective JV Multi-Client Study.
(b) With respect to any MFI Multi-Client Study and in consideration of the payments to be received by it under Section 6.5 of this Agreement, HBI agrees that it will not produce (for its own account or with or for others) online research products that compete directly with the respective MFI Multi-Client Study. Research that is related to the same industry or population but does not directly compete with the respective MFI Multi-Client Study, and research conducted after expiration of a time period after completion of the respective MFI Multi-Client Study (such period to be mutually agreed upon prior to commencement of the MFI Multi-Client Study or, absent such agreement, for so long as the MFI Multi-Client Study is a commercially viable product), will be deemed not to compete directly with the respective MFI Multi-Client Study. No MFI Multi-Client Study shall be produced that either (i) violates exclusive rights or other restrictions under agreements HBI has with other Persons, or (ii) in the reasonable judgment of HBI would so restrict the use of the HBI Database as to jeopardize HBI's membership in the Association or its ability to use and manage the HBI Database in a manner consistent with HBI's reasonable business objectives.
Exclusivity Rights. THE REMINGTON TRANSACTION; REMINGTON STATEMENT. If any of Remington Affiliates identifies the possibility of developing and building, to purchase all or part of, invest, lend in respect of, or acquire all or part of the debt in respect of, Hotel Property (hereinafter each referred to as REMINGTON TRANSACTION), Remington party on behalf of itself and its Affiliated Parties, with this grant the REIT Parties the exclusive first right to refuse to purchase and undertake such a Remington Transaction and agree not to foreuse such an option (except in this section of 4) and acknowledge that each such option will belong to the REIT Parties (ECSC. In respect of each Remington transaction, Remington shall supply the reit parties, on behalf of the Remington parties, with a copy of the second directors in writing (REMINGTON STATEMENT) in sufficient detail, to describe the material terms of the Remington transaction, including, but not limited to, a description of the nature of the transaction (acquisition, development or other investment), description and location of the asset, franchise name, probationary period, closing period, closing costs, an estimate of the amount of damage, and, to the extent available, and in the possession of the Remington parties, copies of all letters of intent, purchase and sale agreements or development agreements (REIT TRANSACTION DOCUMENTS). Such Remington notification shall be sent to the REIT parties (with a copy to the independent directors) as soon as practicable after the possibility that Remington </PAGE>has been identified to any of The Remington Affiliates.
Exclusivity Rights. The Air Carriers and their Affiliates hereby grant the Blade Parties and their Affiliates the non-revocable right to become the exclusive air charter broker and/or reseller of all Exclusive Air Transportation Services operated, provided, marketed, sold or offered by the Air Carriers and their Affiliates in the Exclusive Territory, pursuant to the terms and conditions of this Agreement. The Air Carriers will be the Blade Parties’ “first call” operator to operate the Exclusive Air Transportation Services marketed or sold by the Blade Parties within the Exclusive Territory using Aircraft (i) reasonably comparable to the type requested and (ii) reasonably capable of completing the trip to be operated (distance, type of flight and airport of departure and arrival). The Air Carriers will have a “right of first refusal” to operate any such Exclusive Air Transportation Services within the Exclusive Territory. The Blade Parties must first offer to the Air Carriers the opportunity to operate any Exclusive Air Transportation Services marketed or sold by the Blade Parties within the Exclusive Territory in good faith and on commercially reasonable terms (as determined by the Blade Parties’ acting reasonably). With respect to requests for Scheduled Flights and Charter Flights made by the Blade Parties that are not related to Key Route Expansion, the Air Carriers must inform the Blade Parties of any refusal or declination to operate such Exclusive Air Transportation Services as soon as reasonably possible (and if reasonably capable under the circumstances, no later than 72 hours before the offered Exclusive Air Transportation Services). If the Air Carriers refuse or decline to operate such Exclusive Air Transportation Services, the Blade Parties will have the right to use third party air carriers to operate the Exclusive Air Transportation Services which have been refused by the Air Carriers, which will not constitute a breach of any exclusivity or other provisions contained in the Agreement. Notwithstanding the foregoing, with respect to the Key Route Expansion only, the Air Carriers must inform the Blade Entities of any refusal or declination to operate such Exclusive Air Transportation Services as soon as reasonably possible and no later than one (1) month following the first discussion between the Parties relating to a Key Route Expansion pursuant to Article 7.1 above, on the understanding that, should a new helicopter be required, the Air Carriers will have a period...
Exclusivity Rights. (a) Subject to the terms and conditions of this Agreement, the Supplier shall be the sole and exclusive supplier of Products and provider of Services to the Company for each State set forth in Exhibit A (the "Existing States"). Notwithstanding the foregoing, if SKUs not carried by the Supplier have been added to the Product mix in any Existing State in compliance with the provisions of Section 2.01(b), the Company shall have the right to obtain the supply of such SKUs for its online business in such Existing States from any third party that the Company may select and which is reasonably acceptable to the Supplier.
(b) In the event the Supplier proposes to provide the Products and Services contemplated hereunder in a State in which the Company is providing online shopping other than an Existing State, the Supplier shall provide written notice to the Company of such proposal, specifying (i) the State that will be serviced (the "New State"), (ii) whether such Products and Services are proposed to be provided through the opening of one or more Warerooms in Ahold Facilities, or arrangements with a third-party, and (iii) the date on which the Supplier proposes to commence the provision of the Products and Services to the Company for such New State. Within 180 days of receipt of such notice, the Company shall terminate all existing supply and services agreements for the Company's online business in the New States with Persons other than the Supplier for the New State, unless otherwise agreed to by the Supplier. The Company and the Supplier agree that on the date specified in clause (iii) above, the New State shall be deemed to be included in Exhibit A and to be part of the Existing States.
(c) Subject to the terms and conditions of this Agreement, the Company shall have the exclusive right to select a third party to act as the supplier of Products and provider of Services to the Company in any State other than Existing or New States. The Supplier may use its reasonable efforts to assist the Company in negotiations with any such third parties. The Company hereby agrees and covenants to use its reasonable efforts to amend any existing agreement to include, and to include in any future agreement, with a third party for the supply of Products and the provision of Services to the Company provisions according to which the Company shall have the right to terminate such agreement at any time before the expiration of its scheduled term upon the delivery to the other party...
Exclusivity Rights. During the Term hereof, Company hereby grants to Killer for the Territory the right to utilize the Licensed Property in connection with the creation of all types of branded merchandise ("Licensed Products") including the right (and the right to have done on Killer's behalf) to manufacture, advertise, promote, distribute and sell Licensed Products, which rights shall specifically include, without limitation, the following:
a. The exclusive right to sell Licensed Products through electronic commerce including the right to operate the official merchandise webstore of Company ("Official Merchandise Webstore") ("E-commerce Sales"). Licensed Products accounted at “Cost” meaning the exact costs of production without markup or fees of any sort.
b. The non-exclusive right to sell Licensed Products through wholesale distribution to retailers and online sales merchants (“Wholesale Sales”).
c. The non-exclusive right to supply merchandise or art assets for tours, conventions, tradeshows, and other “in-person” events. (“Tour Merchandise”). Products accounted with Killer production fee.
Exclusivity Rights. The Association shall have the exclusive rights to 4 membership fees and dues deductions from the salaries of its members subject to the 5 provisions of the law. The Association shall have the exclusive right to represent a staff 7 The Association shall have the right, to the exclusion of rival labor organizations, to use 8 the District mail services, except as otherwise required by law.
Exclusivity Rights. During the term of this Agreement, Altamira shall not Commercialize the Products in the Territory except as provided in this Agreement. Nuance’s exclusive right to sell the Products in the Territory or any particular channel of distribution within the Territory or in any other way as stipulated in this Agreement is conditioned upon Nuance having the financial and operational resources reasonably necessary to sell the Products as contemplated by this Agreement as well as Nuance continuing to meet the operational performance requirements set forth in this Agreement or as agreed to by Nuance and Altamira from time to time. In addition to and without limiting Altamira’s right to cause the non-extension or the termination of this Agreement pursuant to Section 11.1 and Section 11.2 herein, Altamira shall have the right to terminate this Agreement in whole or in part and/or to terminate the exclusivity rights of Nuance and distribute the Products within the Territory other than through Nuance without compensation to Nuance as follows:
(a) Altamira shall have the right at any time to distribute the Products to customers within the Territory other than through Nuance without penalty or compensation to Nuance if and to the extent Nuance is unable or unwilling to distribute the Products within the Territory due to any court order, threatened litigation, or regulatory requirements that prohibit or materially limit Nuance’s ability to perform its obligations under this Agreement or being otherwise prohibited or prevented from selling or distributing the Products in the Territory or refusing or being unable to sell or distribute the Products to any material customer, class of customers or distributional channel.
(b) Beginning on and after the first anniversary of this Agreement, Altamira shall have the right to terminate this Agreement in whole or in part and distribute the Products to customers within the Territory other than through Nuance without penalty or compensation to Nuance if Nuance fails to generate gross sales equal to at least [***] of the annual goal mutually agreed upon by the Parties for a particular calendar year (or, if the Parties have not established mutually agreed sales goal for a particular year, then at least [***] of the annual gross sales of the immediately preceding year) (the “Annual Performance Goal”). Notwithstanding anything to the contrary, if Nuance’s failure to meet any Annual Performance Goal is due to any of the following occurrences,...
