Extension of Exclusivity. In addition to the license exclusivity described in Subsections 3.2 (“Exclusivity”) and 3.3A (Overall Time Limitation), subject to Adesto’s performance hereunder including without limitation the timely payment of all Fees, and subject to the limitations described in Subsection 3.3B (“Limitations on Exclusivity”) and timely delivery of equity securities pursuant to SECTION 9 (“STOCK PURCHASE”), Adesto may elect to continue the Axon License Restrictions by consecutive [*] periods if:
Extension of Exclusivity. Axon agrees that, notwithstanding Section 3.3C (Extension and Exclusivity) of the Agreement, the Axon License Restrictions shall be continued for a five (5) year period commencing on [the date of this Amendment No. 2] (the “Exclusivity Extension Period”), in exchange for a [*] royalty payment of [*] made by Adesto to Axon in [*] following the date of this Amendment No. 2. Such one-time royalty payment is based on a yearly minimum of [*] inch diameter equivalent Production Wafers containing Authorized Products consisting primarily of Memory Blocks manufactured by an Authorized Manufacturer (the “Minimum Wafer Requirement”) and calculated pursuant to Section 2.2 (Stand-alone Memory Blocks) of Exhibit A to the Agreement. Adesto agrees that it shall pay Fees to Axon as required by Section 6.1 (Fees) of the Agreement and pursuant to Section 2.2 (Stand-alone Memory Blocks) of Exhibit A to the Agreement for any number of additional [*] inch diameter equivalent Production Wafers containing Authorized Products consisting primarily of Memory Blocks manufactured by an Authorized Manufacturer that exceeds the Minimum Wafer Requirement in any year during the Exclusivity Extension Period.
Extension of Exclusivity. Section 17.1 of the Distributorship Agreement is deleted in its entirety and is replaced by the following provision: Subject to the termination provisions set forth in item VIII of this Agreement (including the duration of the exclusive provisions of the Distributorship Agreement), the Distributorship Amendment is extended through September 30, 2017; that is, ten years beyond the period of exclusivity granted under the fifth of the Prior Amendments. Such ten-year extension will be deemed to be a new contract to take effect on October 1, 2007 if the Distributorship Agreement is in full force and effect on September 30, 2007 and will be governed under the terms of this Amendment.
Extension of Exclusivity. The entry of an order by the Bankruptcy Court extending any exclusive right that any of the Debtors may have to (i) propose any plan of reorganization in the Chapter 11 Cases to a date more than 120 days after the Filing Date or (ii) solicit votes for or seek the confirmation of any plan of reorganization in the Chapter 11 Cases to a date more than 180 days after the Filing Date.
Extension of Exclusivity. 1.1 In Section 4.1 of the Amendment, (i) the reference to [*] in the first paragraph is replaced with [*], and (ii) the last three paragraphs are deleted in their entirety.
Extension of Exclusivity. The parties agree that clause 4.2 of the OEM CD Smart Card Agreement shall be amended such that:
Extension of Exclusivity. From and after the Effective Date until the date of Closing or any earlier termination of this Agreement (such period being referred to herein as the "Exclusive Period"), Purchaser shall not, directly or indirectly: (i) pursue any plans to expand Purchaser's existing floor space for semiconductor wafer fabrication, which prohibited activity includes, without limitation, the submission of any applications for permits or completing preconstruction feasibility or development work; or (ii) pursue the purchase of any other facility for semiconductor wafer fabrication, which prohibited activity includes, without limitation, soliciting or submitting offers or letters of intent or participating in any negotiations for the acquisition of such a facility. Nevertheless, Purchaser may continue its activities with respect to facilitization of and equipment installation in its existing floor space and expansion of its probe and test areas.
Extension of Exclusivity. In the event that XXXXXX purchases (deemed to be the issuance of a purchase order for which delivery is completed within 30 days) from SUPPLIER between June 1, 2001 and May 31, 2002 at least [***] (not including the [***] units under purchase order # PR3206412 dated July 12, 2001) SmartCycler™ units (a unit defined as the total number of 16-site SmartCycler™ processing blocks, either as part of a Starter System or as Add-On Blocks), XXXXXX'x exclusive distributor status granted by Paragraph 2(e) above shall continue through and including May 31, 2003. In the event that XXXXXX purchases from SUPPLIER between June 1, 2002 and May 31, 2003 at least [***] SmartCycler™ units, XXXXXX'x exclusive distributor status granted by Paragraph 2(e) above shall continue through and including May 31, 2004.
Extension of Exclusivity. Subject to Distributor’s compliance with Section 2 of this Amendment, in the event that Distributor fails to meet the Minimum Qualified Revenue or the Minimum Initial Product Revenue for Contract Year 2004 and elects not to make the Additional Payment or the Additional Initial Product Payment required to maintain exclusivity pursuant to Section 1.04(ii) of the Distribution Agreement, respectively, by January 15, 2005, then notwithstanding any provision of Section 1.04 of the Distribution Agreement to the contrary, Distributor’s exclusivity rights under Section 1.02 of the Distribution Agreement shall terminate on June 30, 2005, rather than January 15, 2005.
Extension of Exclusivity. So as to extend the Exclusive Period, SRI ------------------------ grants CORONA the first right to negotiate a worldwide, exclusive license in the Exclusive Fields under the SRI Proprietary Rights to the Existing SRT, Existing SRI Software and the SRI Improvements. Such option shall expire on June 15, 1999. Both parties agree to make a good faith effort to negotiate a license agreement under fair and reasonable terms which reflect the commercial potential of the SRI Proprietary Rights at the time the right is exercised. If CORONA fails to elect its right or if the parties fail to execute a license agreement by June 15, 1999, then SRI shall be free to license the SRI Proprietary Rights nonexclusively in all fields without restriction after the Exclusive Period.
