Limitations on Exclusivity. Notwithstanding any provision of this Agreement to the contrary, the grants from Primus to Distributor contained in Section 2.1 and this Section 2.2 shall not be deemed to prohibit:
Limitations on Exclusivity. Except as provided below, the license of Licensed Technology granted under paragraph 2.1 shall be exclusive in the Territory to the extent that the Licensed Technology can be used only in relation to the manufacture, use and sale of Products.
Limitations on Exclusivity. The licenses granted under Sections 4.1.1.1, 4.1.1.2 and 4.1.1.3 are subject to the following limitations:
Limitations on Exclusivity. In the event Licensee is unwilling or unable to meet the minimum payment requirements imposed by Section 3, Licensor shall have the additional right, upon ten (10) days’ written notice to the Licensee, to consider the license non-Exclusive and available for other licensees who compete in the dairy functional beverage product category.
Limitations on Exclusivity. In the event Licensee materially breaches or fails to perform any provisions of this Agreement, including without limitation a material breach of any of the payment and royalty provisions, and such material breach or failure continues for a period of thirty (30) days after written notice thereof is provided by Licensor, then, in addition to all other rights and remedies under this Agreement and otherwise available at law, Licensor shall have the right, at its option, to declare the license granted in Section 2.1 to be nonexclusive whereupon such license shall be nonexclusive. In such event, and without limiting any other Licensor rights and remedies, Licensor shall have the right to grant to any person(s) or entity(ies) the right and license to make, have made, use, offer for sale and sell the Product in the Territory, and to do the foregoing itself. If there occurs any other or additional material breach or failure of Licensee to perform its duties under this Agreement within twelve (12) months after the date of the initial material breach or failure to perform (excluding any cure period) or at any time thereafter if the initial material breach or failure to perform remains uncured, all rights granted to Licensee by Licensor under this Agreement (including without limitation all Patent Rights and Product and Licensed Technology rights) shall terminate, become null and void, and shall revert in their entirety to Licensor.
Limitations on Exclusivity. As a matter of clarification, the exclusivity provisions of Section 2.1 do not apply to: (i) existing or future CSW wholly owned or franchised CSW retail storefronts (for clarification purposes, retail storefronts do not include stores within stores); (ii) CSW wholly owned catalog sales distribution channels; (iii) existing or future CSW wholly owned and operated Internet sites; PROVIDED, HOWEVER, CSW cannot distribute to users accessing CSW s Internet site via any third party Internet site; (iv) CSW s current obligations under the agreement in effect as of the Effective Date with IBM (the "IBM AGREEMENT"), with respect to the Model 25 IBM Aptiva subwoofer product; and (v)
Limitations on Exclusivity. (A) This terms of Section 3(a) shall not apply to: (1) Jam when it is involved in any manner (including, without limitation, sponsoring, promoting, broadcasting or producing) in any activities other than online services, including, without limitation, television or radio broadcasts, pay per view concerts or live performances, provided any online sales of recorded music by Jam or through the RSN Sites associated with such events is through CDnow, and any advertising or promotion by Jam on the RSN Sites of the sale of recorded music associated with such events shall point solely to a Co-branded Page; (2) Straight Arrow when it is involved in any manner (including, without limitation, sponsoring, promoting, broadcasting or producing) in any activities other than online services, including, without limitation, television or radio broadcasts, pay per view concerts or live performances, provided any online sales of recorded music through the RSN Sites associated with such events is through CDnow, and any advertising or promotion by Straight Arrow or through the RSN Sites of the sale of recorded music associated with such events shall point solely to a Co-branded Page; (3) Jam when it conducts the sale, advertising, promotion or distribution of its or RSN's connected or enhanced CDs, provided any online sale of recorded music associated with such connected or enhanced CDs is solely through CDnow, and any advertising or promotion by JAM of recorded music associated with such events shall point solely to a Co-branded Page; or (4) Jam or Straight Arrow when they (collectively or individually) digitally deliver individual songs, albums or compilations performed by artists or bands that are captured or recorded by Jam, Straight Arrow or RSN at or in connection with its Webcasts, Virtual Venue, or Virtual Tour activities; provided, when CDnow has the capability to make such digital delivery, any online sales of the same shall be solely through CDnow, and any advertising or promotion by Jam or Straight Arrow of recorded music associated with such events shall point solely to a Co-branded Page.
Limitations on Exclusivity. (a) As used in Sections 4.1 and 4.2, a license that is “exclusive except as to” the granting Party means that the Party granting the license shall not grant any other entity (other than its Affiliates) any license under such intellectual property rights with the right to practice within the licensed field, but that otherwise such Party retains all its rights of ownership in such [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES EXCHANGE ACT OF 1933, AS AMENDED. licensed rights, including without limitation the right to practice such property rights, subject only to the license granted.
Limitations on Exclusivity. In the event MKL materially breaches or fails to perform any provision of this Agreement and such material breach or failure continues for a period of thirty (30) days after written notice thereof is provided by Migami, Migami shall have the right, at its option, to (a) declare the license granted in Section 3.1 to be nonexclusive whereupon such license shall be nonexclusive, or (b) terminate the license granted in Section 3.1 in its entirety in addition to all other rights and remedies under this Agreement or otherwise available at law or in equity. If Migami elects to declare the license granted in Section 3.1 nonexclusive, and without limiting any other Migami rights and remedies, Migami shall have the right to grant to any person(s) or entity(ies) the right and license to make, have made, use, offer for sale or sell Products in the Territory and to do the foregoing itself. If Migami elects to terminate the license granted in Section 3.1, all rights granted to MKL by Migami under this Agreement (including without limitation all Patent Rights and Product and Licensed Technology rights) shall terminate, become null and void, and shall revert in their entirety to Migami.
Limitations on Exclusivity. For clarity, nothing in this Agreement shall prevent Zymeworks or GSK from developing or commercializing, or granting rights with respect to the development or commercialization of, any antibody, antibody-like molecule or product 118 Competitive Information – Commercially Sensitive Terms. 119 Competitive Information – Commercially Sensitive Terms. 120 Competitive Information – Commercially Sensitive Terms. 121 Competitive Information – Commercially Sensitive Terms. 122 Competitive Information – Commercially Sensitive Terms. 123 Competitive Information – Commercially Sensitive Terms. 124 Competitive Information – Commercially Sensitive Terms. 125 Competitive Information – Commercially Sensitive Terms. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO ZYMEWORKS INC. IF PUBLICLY DISCLOSED. INFORMATION THAT HAS BEEN OMITTED HAS BEEN NOTED IN THIS DOCUMENT WITH A PLACEHOLDER IDENTIFIED BY THE XXXX “[…***…]”. Execution Version incorporating the same, in each case which do not include any Zymeworks Modifications. Any such rights shall not be deemed to be inconsistent with the licenses granted under Arising Project IP or the exclusivities as set out herein.”
