Grant of Distribution Rights Sample Clauses

Grant of Distribution Rights. 2.01 CBA hereby grants to ABI and ABI hereby accepts from CBA the exclusive right to serve as the master distributor to distribute the Products in the Territory commencing on the Commencement Date, except as otherwise described in this Article. ABI shall not, without the prior written consent of CBA, sell any Product acquired hereunder outside its respective Territory or to any party other than an Alliance Wholesaler. CBA agrees not to sell any Product to any other Person in the Territory other than ABI, Affiliated Wholesalers and Non-Affiliated Wholesalers. Additionally, CBA may sell at Brewpubs draught Product brewed on the premises; may sell to consumers packaged Product brewed on the premises at retail sites associated with Brewpubs in accordance with its current practices; may sell to consumers draught Product brewed on the premises in so-called dock sales in accordance with its current practices not to exceed 50,000 case equivalents in any calendar year. Nothing herein shall be deemed to waive or modify any agreements relating to the Kona products with the Anheuser-Xxxxx Hawaiian wholesaler operation. At the option of ABI and the respective Affiliated Wholesaler, any Affiliated Wholesaler may become an Alliance Wholesaler, and CBA shall execute any documents or instruments reasonably requested by ABI to effectuate this. 2.02 Notwithstanding the foregoing, if CBA acquires any malt alcohol beverage brand not previously owned by CBA or the Stock of any producer of any such malt alcohol beverage brand (together, an “Acquisition”), CBA may elect, in writing delivered to ABI no later than 30 days prior to the date of the Acquisition, that such malt beverages shall be not be distributed pursuant to this Agreement and in such case the terms and conditions of this Agreement, including the obligations of CBA thereto with respect to Margin and the provisions of Section 11.03, shall not be applicable thereto. CBA shall not otherwise make any Acquisition unless it delivers to ABI a written plan providing a schedule by which ABI would become the exclusive distributor for such malt beverages by ABI, such schedule to be satisfactory to ABI.

Grant of Distribution Rights. 2.1.1 Subject to the terms of this Agreement, Iridex hereby grants Topcon and its Affiliates, and Topcon hereby accepts from Iridex on behalf of itself and its Affiliates, an appointment and right to Distribute the Products to Customers in the Territory (such rights granted under this Agreement, the “Exclusive Distribution Rights”). Such appointment and right shall, subject to the terms and conditions of this Agreement, be on an exclusive basis with respect to all Products in all countries and regions throughout the Territory; provided, however, that such appointment and right (a) in the United Kingdom expressly excludes the right to Distribute any of Iridex’s glaucoma Products set forth on Exhibit C; and (b) shall not apply to Distribution for study purposes in the United Kingdom and Ireland at those sites where the diabetic macular oedema and diode subthreshold micropulse laser (DIAMOND) study is being conducted by Iridex as of the Effective Date, but only to the extent as set forth on Exhibit D; provided, further, that Exhibit D shall include Iridex’s best estimate of (x) the quantity of Products to be sold at each such DIAMOND study site and (y) the time required to complete the sale of such Products. For the avoidance of doubt, Topcon shall have exclusive rights with respect to Distribution of any retina Products to Customers in the Territory that are not for DIAMOND study purposes, regardless of whether such study sites are listed on Exhibit D or not. 2.1.2 Notwithstanding the foregoing or anything to the contrary herein, (i) Iridex confirms to Topcon that it has, as of the Effective Date, entered into the Existing Distributor Agreements granting Third Parties non-exclusive Distribution rights with respect to the Products in certain countries or regions in the Territory, and (ii) in reliance of the foregoing, and provided that Iridex shall make available to Topcon promptly after the Effective Date a complete and accurate copy of the Existing Distributor Agreement with its existing distributor in Japan, Topcon confirms that the existence of such Existing Distributor Agreements as of the Effective Date does not constitute a breach of this Agreement. 2.1.3 For clarity, Topcon, its Affiliates and existing Subdistributors shall be entitled to Distribute TMLS PASCAL owned or Controlled, as inventory or for the purpose of exhibition or demonstration, by Topcon, its Affiliates or Subdistributors as of the Effective Date, within or outside the Territory, at a...

Grant of Distribution Rights. Subject to the terms and conditions of this Agreement, NBY grants to Pioneer, and Pioneer accepts, an exclusive right to Distribute the Product in the Product Field and Additional Product Field directly to Customers in the Territory for indications approved by the US FDA or by the Regulatory Authority in the Territory, for the Product. Pioneer may appoint any of its Holding Companies in the Territory, solely for so long as such entity remains a Holding Company, to Distribute Product in the Product Field and Additional Product Field in the Territory in accordance with the terms and conditions hereunder. In the event Pioneer wants to appoint any other third party (other than a Holding Company) to Distribute Product in the Product Field and Additional Product Field in the Territory, Pioneer shall enter into a written agreement (a “Subdistribution Agreement”) with such third party containing terms and conditions that are consistent with the terms and conditions of this Agreement and including provisions as materially protective of the Product and NBY as this Agreement. Pioneer shall, in addition to the quarterly report provided for under Section 6.6, provide NBY with a complete and updated list of third party subdistributors appointed by Pioneer for the Distribution of Product at the end of each quarter and otherwise upon NBY’s reasonable request. Upon NBY’s request, Pioneer shall also provide NBY with a copy of the Subdistribution Agreement (with an English translation) with any such third party subdistributor (which copy may be redacted for information not relevant to the Distribution of Product). Pioneer shall take into reasonable consideration any concerns or issues raised by NBY with respect to any such third party subdistributors and the parties agree to discuss in good faith to resolve any such concerns or issues. In any event, Pioneer shall remain responsible to NBY for all activities of its Holding Companies and/or third party appointees (including subdistributors and other subcontractors) to the same extent as if such activities had been undertaken by Pioneer itself.

Grant of Distribution Rights. DIRECTV grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non-Select Services as defined in Section 1(c) of these Terms and Conditions) transmitted over the HCG Frequencies directly to “Committed Member Residences”, as such term was defined in such Member’s Existing Member Agreement (as amended, including the Exhibits thereto). Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences shall be the same as the Programming provided and the terms and conditions in effect under Member’s Existing Member Agreement, subject to amendment by DIRECTV from time to time. Any Committed Member Residence and/or Commercial Establishment, as applicable, which subscribes to Programming shall be deemed a “Subscriber” under these Terms and Conditions. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s). Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non-Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member had the same rights with respect to Commercial Establishments under its Existing Member Agreement. The Programming that is available to be marketed and sold to Commercial Establishments shall be subject to amendment by DIRECTV from time to time. To the extent consistent with the Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non-Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC, as master servicer for DIRECTV, of all sums required under the Agreement (including these Terms and Conditions), shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments (“Member Revenues”). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of these Terms and...

Grant of Distribution Rights. Nortel hereby grants to Distributor, for use only during the Term and only within the Territory, a personal, non-transferable, non-exclusive right to: (1) purchase Hardware in one or more of the product groups ("Product Groups") set forth in Annex B from Nortel; (2) thereafter retain the Hardware for its own use, for inventory purposes or to distribute the Hardware; (3) use Software for Distributor's internal purposes pursuant to the terms and conditions of a Software License; and (4)

Grant of Distribution Rights. Effective upon BioCardia’s achievement of Milestone 2 and subject to the terms and conditions of this Agreement, Biomet hereby grants to BioCardia, and BioCardia hereby accepts, an exclusive (even as to Biomet), nontransferable (except in connection with the assignment of this Agreement in accordance with Section 12.4) right to Distribute the Product in the Field within the Territory. Such Distribution right shall include the right to appoint and use subdistributors for the Product.

Grant of Distribution Rights. 1.1 Subject to the terms of this Agreement, Sideware hereby grants to the Distributor a non-exclusive right to market, sell and distribute the Software in the Authorized Area to end users, value-added resellers, distributors and original equipment manufacturers ("OEMS") for the Term of this Agreement, as defined herein. 1.2 Notwithstanding paragraph 1.1, the Distributor shall have the right to sell and distribute the Software outside the Authorized Area provided that Sideware has consented in writing to each such sale. 1.3 Sideware shall deliver to the Distributor copies of the Software for sale and distribution to end users, resellers, distributors and OEMS in accordance with section 3.0 herein. Sideware shall provide to the Distributor one (1) copy of the Software for demonstration purposes free of charge, and the Distributor shall be entitled to make copies thereof solely for demonstration and backup purposes only.

Grant of Distribution Rights. NRTC grants to Member the exclusive right to market and sell DBS Services transmitted over the HCG Frequencies to Committed Member Residences as set forth in Exhibit C ___. Any Committed Member Residence which subscribes to DBS Services shall be deemed a "Subscriber" under this Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area described in Exhibit C ___, as appropriate. To the extent consistent with this Agreement and the terms of the Cable Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell DBS Services to Committed Member Residences and subject to its payment to NRTC or HCG, as appropriate of all sums required under this Agreement, shall be entitled to all revenues from such marketing and sales; provided, however that any rights to distribute any of the Cable Programming shall extend only to the extent and for the duration as may be provided under the relevant Cable Programming agreements. Member acknowledges that NRTC may be unable to obtain the right for Member to distribute Cable Programming to residences that have cable television service available.

Grant of Distribution Rights. With respect to sales of all Products in the Territory, Xxxxxxx hereby grants to Xxxxxx and Xxxxxx hereby accepts the right (which shall be exclusive except as provided herein) to distribute the Products to customers in the Territory. In connection therewith, Baxter shall perform sales support, marketing support, customer service, physical distribution, and distribution-related activities as set forth in ARTICLE VII.

Grant of Distribution Rights. (a) L&I hereby appoints DISTRIBUTOR as the exclusive distributor of the PRODUCT in the TERRITORY for use only in the TERRITORY for the CLL INDICATION and for OTHER INDICATIONS, each for the term set forth in Article 18 (unless earlier terminated pursuant to this AGREEMENT), and DISTRIBUTOR accepts such appointment. (b) DISTRIBUTOR agrees that DISTRIBUTOR (i) will sell and distribute PRODUCT in the TERRITORY only for the INDICATIONS for which DISTRIBUTOR retains distribution rights under this AGREEMENT; (ii) will only sell in the TERRITORY PRODUCT which is purchased from L&I; and (iii) will only sell PRODUCT in the TERRITORY under the TRADEMARK. (c) DISTRIBUTOR agrees to distribute the PRODUCT for an INDICATION only in accordance with the terms, conditions and purposes of this AGREEMENT, and, in the PROFIT-SHARING TERRITORY, only in accordance with the MARKETING PLAN therefor.