Extension of Exclusivity Sample Clauses

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: 1. Adesto gives Axon written notice of its elections to continue the Axon License Restrictions and, at the time such written notice is given, the Axon License Restrictions have not terminated; and * Confidential Treatment Requested (i) During [*] period preceding the first such [*] continuance, [*] 8-inch diameter equivalent Production Wafers containing Authorized Products consisting primarily of Memory Blocks are manufactured by an Authorized Manufacturer and (ii) during the twelve month period preceding each subsequent one year continuance, [*] 8-inch diameter equivalent Production Wafers containing Authorized Products consisting primarily of Memory Blocks are manufactured by an Authorized Manufacturer; and 3. Adesto agrees to pay Fees to Axon respecting the manufacture of Authorized Products or Net Sales excluding NRE, in each case occurring during the [*] period of the applicable [*] continuance, as required by Section 6.1 (Fees), the alternative applicable amounts specified in Section 2.2 (Stand-alone Memory Blocks) of Exhibit A and Section 3 (FURTHER LICENSE ROYALTIES) of Exhibit A.

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. 1.2 The list of “Strategic Accounts” is hereby updated to include the accounts listed on Schedule A attached hereto. 1.3 The list of Strategic Fields is hereby updated to include the applications listed on Schedule B attached hereto. 1.4 In Section 4.2 of the Amendment, all instances of [*] are replaced by [*]. 1.5 The following is added at the end of Section 4.2 of the Amendment- “Notwithstanding the foregoing. IM agrees not to ship a Wets Workflow or [*] to a Competitor prior to [*]”. 1.6 The following is added after the last sentence of Section 4.3 of the Amendment: “If IM identifies an opportunity for IM and ATMI to work in a joint development program or if ATMI introduces IM to such an opportunity (“JDP’’) for an integrated device manufacturer (“IDM”) for which ATMI has relevant HPC resources and expertise available, IM and ATMI hereby agree to enter into good faith negotiations to agree on the revenue sharing arrangement (where such sharing shall be based on the parties’ respective resource contributions) between IM and ATMI pursuant to such JDP. Any such revenue sharing arrangement shall be detailed in a separate formal agreement (“Revenue Sharing Agreement”). It is further agreed that tor any such JDP, IM and ATMI shall, where feasible, define a joint sales and marketing plan.

Extension of Exclusivity. 55 12.1.25 Acceptable Plan Term Sheet; Contested Plan.........55 12.1.26 Aggregate Letter of Credit Drawings.................55 12.2 Effect of Event of Default.....................................55

Extension of Exclusivity. The exclusivity of the license granted in ------------------------ Section 2.1 hereof for the Additional Field shall be extended for so long as the Development Services are extended pursuant to Section 6.1 hereof.

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. In clause (a) of Section 2.2.1 of the Agreement, the words "first (1st) anniversary" are replaced with the words "third (3rd) anniversary". Notwithstanding the foregoing, the extended exclusivity provided in this Section 5 will not apply to data elements that (i) relate to music and video products, and (ii) B&T reasonably determines are necessary to permit institutional customers to order music and video products from B&T. The Parties intend that the data elements described in the preceding sentence will include only basic data elements (such as IPC, price and availability information) and will exclude premium data elements (such as the extended discographic and videographic catalog information described in Section 4.1).

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.