Limitations to Exclusivity Clause Samples
The "Limitations to Exclusivity" clause defines the specific circumstances under which an exclusivity agreement does not apply or may be overridden. In practice, this clause might outline exceptions such as pre-existing relationships, regulatory requirements, or certain types of transactions that are not covered by the exclusivity arrangement. Its core function is to clarify the boundaries of exclusivity, ensuring that both parties understand when exclusivity is not enforceable and thereby preventing disputes or misunderstandings regarding the scope of the agreement.
Limitations to Exclusivity. The award of this Agreement shall not preclude the materials listed 51 below from being delivered to and Collected and Transported by others provided that nothing in 52 this Agreement is intended to or shall be construed to excuse any Person from obtaining any 53 authorization from the County which is otherwise required by law:
54 1. Recyclable Materials. Recyclable Materials that are either donated or sold, by the generator 55 of the materials, to a party other than Contractor. A mere discount or reduction in price of 56 Contractor’s charges for the handling of such materials is not a sale or donation within the 57 meaning of this Agreement. The materials shall be deemed “solid waste” within the 58 meaning of California Public Resources Code Section 40191, and for purposes of this 59 Agreement shall be regulated as such, whether or not they may be potentially recyclable, in 60 either of the following instances: (a) the material is mixed or commingled with other types 61 of solid waste, or (b) the payment of a fee, charge, or other consideration, in any form or 62 amount, is directly or indirectly solicited or received from the generator by any person or 63 combination of persons in exchange for collection, removal, transportation, storage, 64 processing, handling, consulting, container rental or disposal services (“fee for service” 65 recycling), whether or not arranged by or through a subcontractor, broker, agent, 66 consultant, or affiliate of the provider of such service;
Limitations to Exclusivity. Licensee’s exclusive rights set forth in Section 2 are subject to Licensee’s annual revenue from sales of the LPER Product increasing 15% over the previous year (“Minimum Annual Increase”). If Licensee’s yearly revenue for the LPER Product fails to achieve the Minimum Increase, then the exclusive rights in Section 2.1 shall convert to non-exclusive rights. Furthermore, such exclusive rights shall convert to non-exclusive rights if Licensee’s annual revenue for any year is less than US$1,000,000. Licensee shall make best efforts to market and license the LPER Product in the Territory.
Limitations to Exclusivity. The Parties agree that nothing in this Article 2.7, or this Agreement may be interpreted to in any way grant Company any rights in or access to Intellectual Property owned by or licensed to, the PE Biosystems Division, or any other Division, Subsidiary, or Affiliate of The ▇▇▇▇▇▇-▇▇▇▇▇ Corporation (collectively, "P-E") now existing or that may exist in the future, other than that Intellectual Property which are, or may, in the future, be available by purchase of products from P-E or accessed through services contracted with ▇▇ ▇▇▇▇▇.
Limitations to Exclusivity. The award of this Agreement shall not preclude the materials listed 51 below from being delivered to and Collected and Transported by others provided that nothing in 52 this Agreement is intended to or shall be construed to excuse any Person from obtaining any 53 authorization from the County which is otherwise required by law:
54 1. Recyclable Materials. Recyclable Materials that are either donated or sold, by the generator 55 of the materials, to a party other than Contractor. A mere discount or reduction in price of 56 Contractor’s charges for the handling of such materials is not a sale or donation within the 57 meaning of this Agreement. The materials shall be deemed “solid waste” within the 58 meaning of California Public Resources Code Section 40191, and for purposes of this 59 Agreement shall be regulated as such, whether or not they may be potentially recyclable, in 60 either of the following instances: (a) the material is mixed or commingled with other types 61 of solid waste, or (b) the payment of a fee, charge, or other consideration, in any form or 62 amount, is directly or indirectly solicited or received from the generator by any person or 63 combination of persons in exchange for collection, removal, transportation, storage, 64 processing, handling, consulting, container rental or disposal services (“fee for service” 65 recycling), whether or not arranged by or through a subcontractor, broker, agent, 66 consultant, or affiliate of the provider of such service;
67 2. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of materials 68 generated in or on their own Premises using their own vehicles and equipment, and, with 69 respect to a commercial business, it own employees;
70 3. Donated Materials. Any items which are donated by the Generator to youth, civic, or 71 charitable organizations;
72 4. Beverage Containers. Containers delivered for Recycling under the California Beverage 73 Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public 74 Resources Code;
75 5. Materials Removed by Customer’s Contractor as Incidental Part of Services. Solid Waste 76 and/or Recyclable Materials removed from a Premises by a contractor (e.g., gardener, 77 landscaper, tree-trimming service, construction contractor, Residential clean-out service), 78 using its own employees, vehicles and equipment as an incidental part of the service being 79 performed and such contractor is providing a service which is not ...
Limitations to Exclusivity. This Agreement shall not preclude the categories of Solid Waste 39 listed below from being delivered to and Collected and Transported by others provided that 40 nothing in this Agreement is intended to or shall be construed to excuse any Person from 41 obtaining any authorization from the City which is otherwise required by law:
Limitations to Exclusivity