Grant of Distributorship. 2.1 MBI hereby grants Distributor and Distributor accepts for a term of one year from the date hereof ("Term"), the non-exclusive right to distribute Products in the United States of America, subject to the terms and conditions of this Agreement.
2.2 Distributor shall use its best efforts to achieve maximum sales of products and appears to establish an adequate retail network, consistent with good business ethics and in a manner that will reflect favorably on MBI and on the goodwill and reputation of MBI.
2.3 Distributor will maintain sufficient Product inventory to allow fulfillment of any reasonable order from a retailer in Distributor's Retail Network within 24 hours of receipt of the order.
Grant of Distributorship. (a) Upon the terms and subject to the conditions set forth in this Agreement, Biosite hereby appoints FHC, and FHC accepts such appointment, as the exclusive distributor of the *** in the Territory (as defined below) during the term of this Agreement. FHC may distribute the *** hereunder only through FHC or its subdistributors existing as of the Effective Date which are listed in Schedule G. FHC shall not appoint subdistributors hereunder, other than those listed in Schedule G without Biosite's prior express written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, Biosite reserves the rights described in Section 2(e).
(b) Upon the terms and subject to the conditions set forth in this Agreement, Biosite hereby appoints FHC, and FHC accepts such appointment, as the *** distributor of the *** in the Territory during the term of this Agreement. For purposes of this Agreement, "***" shall mean, with respect to any ***, that FHC *** or any of their respective subsidiaries or affiliates, as a subdistributor), shall have the right to promote, market, sell and distribute the *** in each segment of the Territory. Biosite shall inform FHC prior to initiating distribution with such third party. FHC may distribute the *** hereunder only through FHC or its subdistributors existing as of the Effective Date, which are listed in Schedule G. FHC shall not appoint subdistributors hereunder, other than those listed in Schedule G without Biosite's prior express written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, Biosite reserves the rights described in Section 2(e). *** Confidential Treatment Requested
(c) The "Territory" consists of *** in the United States and its ***: (1) the "***", and (2) the "***." The *** shall mean: hospitals (including nonprofit, religious, government, university, military and psychiatric hospitals), reference laboratories, occupational health centers and clinics that are part of a hospital facility; chest pain centers that are part of a hospital facility; drug rehabilitation centers that are part of a hospital facility; and xxxxxxx xxxxxxxxxx centers; and
Grant of Distributorship. 2.1 MBI hereby grants Distributor and Distributor accepts for a term of one year from the date hereof ("Term"), right to distribute Products in the United States of America, subject to the terms and conditions of this Agreement.
2.2 Distributor shall use its best efforts to achieve maximum sales of products and to establish an adequate Distribution Network, consistent with good business ethics and in a manner that will reflect favorably on MBI and on the goodwill and reputation of MBI.
Grant of Distributorship. Polymation hereby grants to Distributor an exclusive right to purchase the Product, and to promote, advertise, market, distribute and resell the Product to its Customers, pursuant to the terms of this Agreement ("Distributorship"). This grant of distributorship is personal to Distributor and is not assignable or transferrable, except for any transfer to a corporate entity affiliated with Distributor, or Distributor's principals, incident and necessary to a public stock offering. Any other attempted assignment or transfer of the Distributorship without prior written approval of Polymation shall be void and a material breach of this Agreement. During the term of the Distributorship and as long as Distributor is not in material breach of this Agreement, Polymation will cease and desist from selling the Product for its own account. Distributor, or its authorized assignee as mentioned herein, shall be the exclusive distributor for sales and marketing of the Product upon execution of this Agreement, during the term hereof.
Grant of Distributorship. On the terms provided herein, XXXX hereby appoints EP as its exclusive distributor in the Territory for the sale of the Products.
Grant of Distributorship. 2.1 MBI hereby grants Distributor and Distributor accepts for a term of two years from the date hereof ("Term"), the exclusive right to distribute Products to Distributors database of sub prime consumers ("Consumers") and automobile dealerships ("Dealers") in the United States of America, subject to the terms and conditions of this Agreement.
2.2 Distributor shall use its reasonable efforts to achieve maximum sales of Products and to establish an adequate retail network, consistent with good business ethics and in a manner that will reflect favorably on MBI and on the goodwill and reputation of MBI.
2.3 Distributor will provide sufficient consumer information in a file format agreed to by both parties, or retail store information to allow fulfillment of a reasonable order from a Consumer or Dealer in Distributor's Retail Network within 24 hours of receipt of the order.
Grant of Distributorship. (a) Upon the terms and subject to the conditions hereinafter set forth, Supplier hereby appoints CMS, and CMS accepts appointment, as the exclusive distributor of the Product in the Territory during the term of this Agreement. Supplier 6 reserves no right to sell and distribute the Product in the Territory; however, Supplier does reserve the right to sell and distribute the Product outside of the Territory, as set forth below.
(b) The territory in which CMS has the rights described in Section 2(a) hereof to distribute the Product (the "Territory") shall be limited to the "Medical Segment" in the United States and its territories. The "Medical Segment" is defined as and limited to: [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION]. Nothing herein shall be deemed to prohibit Supplier from distributing (but not selling) the Product within the Territory only for purposes of pre-market clinical testing or evaluation of the Product or testing of Product improvements or enhancements prior to market introduction.
Grant of Distributorship. Subject to the terms and conditions of this Agreement, Vendor hereby grants to Distributor the exclusive right during the Term, within the Territory, to: (a) market and solicit sub-licenses for the Software and Documentation to End Users and (b) distribute the Software and Documentation to such End Users, provided that such End Users have validly entered into an End User License Agreement with Distributor pursuant to Section 3.1(a) below. The Parties agree that Distributor shall, within one hundred eighty (180) days after the date hereof, assign all of its rights and obligations under this Agreement to a newly formed Japanese entity (the "Subsidiary") that shall be at least majority-owned by PPOL, Inc. and its Affiliates. Upon such assignment, the Subsidiary shall be deemed the
Grant of Distributorship. Subject to the terms and conditions of this Agreement, Vendor hereby grants to Distributor the exclusive right during the Term, within the Territory, to: (a) market and solicit sub-licenses for the Software and Documentation to End Users and (b) distribute the Software and Documentation to such End Users, provided that such End Users have validity entered into an End User License Agreement with Distributor pursuant to Section 3.1(a) below. The Parties agree that Distributor shall, within one hundred eighty (180) days after the date hereof, assign all of its rights and obligations under this Agreement to a newly formed Japanese entity (the "Subsidiary" that shall be a least majority-owned by PPOL, Inc. and its Affiliates. Upon such assignment, the Subsidiary shall be deemed the "Distributor" hereunder for all purposes. Notwithstanding any such assignment, PPOL, Inc. shall remain liable for all of Distributor's obligations hereunder.
Grant of Distributorship. 2.1 Simplex hereby appoints and designates SDS as Simplex's exclusive distributor of Airbrators in the Territory.
2.2 Within thirty (30) days of the date of this Agreement, SDS shall pay Simplex a one-time distribution license fee in the amount of Thirty Thousand Dollars ($30,000).
2.3 Simplex hereby grants SDS the right of first refusal to be appointed as the exclusive distributor in the Territory for each New Product. Prior to offering any other party a distributorship for any New Product, Simplex shall provide SDS with a written notice of such New Product and information regarding the New Product, and SDS shall advise Simplex in writing within sixty (60) days of receipt of such notice whether or not SDS accepts the appointment as exclusive distributor of such New Product in the Territory. In the event SDS timely accepts such appointment, SDS shall be the exclusive distributor of such New Product in the Territory and the terms and conditions of this Agreement shall apply to the distribution of such New Product; except that the parties shall negotiate in good faith regarding the price to be paid by SDS for such New Product and SDS shall have no obligation to pay a distribution license fee pursuant to Section 2.2 above.
2.4 SDS shall have the right, in its sole discretion, to market, sell and distribute the Airbrator under any trademark of SDS, in addition to or instead of under the "Airbrator" trademark.
