Limited Exclusivity. The Sub-Advisor agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as “Environmentally Qualified” or otherwise “Socially Responsible” within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Advisor are not exclusive, and that nothing in this Agreement shall prevent the Sub-Advisor from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Trust (whether or not their investment objectives and policies are similar to those of the Fund) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Advisor’s ability to meet its obligations to the Fund hereunder. When the Sub-Advisor recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Advisor recommends the purchase or sale of the same security for the Fund, it is understood that in light of its fiduciary duty to the Fund, such transactions will be executed on a basis that is fair and equitable to the Fund. If the Sub-Advisor provides any advice to its clients concerning the shares of the Fund, the Sub-Advisor shall act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund. The Sub-Advisor provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Advisor with respect to the Fund. Nothing in this Agreement shall impose upon the Sub-Advisor any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Fund, any security which the Sub-Advisor, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.
Limited Exclusivity. Licensor agrees that it shall not license the IP for use in connection with any U.S. registered investment company other than the Licensee prior to the second anniversary of the date on which shares in the Product are listed on a U.S. stock exchange; provided, however, that Licensee has issued the Product and shares in the Product have been so listed by not later than October 1, 2019.
Limited Exclusivity. The foregoing license granted by Asthmatx to Broncus under Section 2.2(a) above will be exclusive to Broncus, but only to the following limited extent: (i) so long as the license granted to Broncus under Section 2.2(a) remains in effect, Asthmatx will not itself exercise or practice within the Broncus Field any of the rights with respect to Asthmatx Existing IP that Asthmatx has granted to Broncus under Section 2.2(a); and (ii) so long as the license granted to Asthmatx under Section 2.2(a) remains in effect, Asthmatx will not license any third party to any of the rights with respect to Asthmatx Existing IP or Asthmatx Future IP within the Broncus Field that Asthmatx has granted to Broncus under Section 2.2(a). However, it is expressly acknowledged and agreed that nothing shall restrict or prevent Asthmatx from transferring or assigning any and all of its right, title and interest in and to this Agreement, any and all Asthmatx Existing IP, Asthmatx Future IP or any other assets pursuant to, or in connection with (a) any merger or consolidation to which Asthmatx is a party or is a constituent corporation or (b) any sale or other disposition of all or substantially all of Asthmatx’s assets, in either case so long as the survivor of such merger or consolidation or such acquiror or successor (as applicable) agrees, in a writing signed by such acquiror or successor, to be bound by, and to comply with, all Asthmatx’s obligations under this Agreement and to assume all Asthmatx’s liabilities and obligations under this Agreement.
Limited Exclusivity. (a) Except as provided in connection with a Disqualifying Transaction, so long as the Company continues to meet the TDMA Quality Standards in all material respects in all of its markets, AT&T will not, and will not cause its Affiliates to, construct, own or acquire a controlling interest in, or manage a communications system which provides Mobile Wireless Services in the Territory, in each case within five years after the Effective Date, except that AT&T and its Affiliates may:
(i) resell, or act as the Company's agent for, Company Communications Services provided by the Company in accordance with a Resale Agreement (or any other agreement between AWS Sub and its Affiliates, on the one hand, and the Company, on the other hand), and provide Company Communications Services to its own customers under the Operating Agreement (including AWS Sub and its Affiliates providing local numbers in the Territory or otherwise providing numbers and service to residents of the Territory), including bundling any such Company Communications Services with other Telecommunications Services marketed, offered and provided or resold by AWS Sub or any of its Affiliates;
(ii) provide or resell wireless Telecommunications Services to or from specific locations (such as buildings or office complexes), even if the subscriber equipment used in connection with such service may be capable of routine movement within a limited area (such as a building or office complex), and even if such subscriber equipment may be capable of obtaining other Telecommunications Services beyond such limited area (which other services may include routine movement beyond such limited area) and hand-off between the service to such specific locations and such other Telecommunications Services; provided, however, that if AT&T or any of its Affiliates sells such Mobile Wireless Services subscriber equipment as part of such offering such equipment shall be capable of use in obtaining (but not necessarily on an exclusive basis) Company Communications Services;
(iii) continue to act as an agent for other Mobile Wireless Services carriers in the Territory solely for existing national account customers who are served by that carrier and request that they continue to receive service from that carrier;
(iv) acquire a controlling interest in Tritel, Inc. or its successors or assigns; provided, that at the time of such acquisition Tritel, Inc. (or its successors or assigns) do not hold Licenses issued by the FCC covering s...
Limited Exclusivity. Commencing with the Original Effective Date and for a period of three (3) years; Sub-Advisor will not engage with the asset managers listed in Exhibit C (the "Exclusivity List") as a sub-advisor for a series of actively managed, multi-manager target date mutual funds. This does not prohibit the asset managers from being included as underlying funds in third party U.S. registered multi-manager offerings where Sub-Advisor acts as a sub-advisor or consultant or for Sub-Advisor to act as consultant or advisor to multi-manager custom target date solutions.
Limited Exclusivity. Customer grants Intrado the exclusive right to provide the Services or similar services to Customer. Intrado may provide services similar or identical to the Services to any other entity or person, whether or not such services are used for emergency purposes; provided, however, that Intrado does not use Confidential Information of Customer to do so.
Limited Exclusivity. During the Term, without obtaining Dow Jones's ------------------- prior written consent, neither Futurestep nor KF shall, directly or indirectly, purchase a Business Ad for the Futurestep Business to appear on any other newspaper site or newspaper web page on the Internet, other than WSJIE, xxxxxxx.xxx.xxx site, or another web site in which Dow Xxxxx owns, directly or indirectly, a fifty percent (50%) or greater interest.
Limited Exclusivity. Except with respect to the Colonial Conduit (which can be commercialized or used in accordance with the provisions of Section 7 below) and as otherwise contemplated hereunder and in the Lease, for a period of ten (10) years following the Lease Date:
(a) Colonial shall not, directly or indirectly, lease to, license to, make available to, or otherwise permit the use of by any other party, including, without limitation, any Affiliates of Colonial, any portion of the Colonial Rights-of-Way for the Construction or Operation of a Telecommunications Network; and
(b) Colonial shall not, directly or indirectly, use or permit the use of any portion of the Colonial Rights-of-Way for the Construction or Operation of a Telecommunications Network. The foregoing restrictions shall not apply to any portion of the Colonial Rights-of-Way that reverts to Colonial pursuant to Section 1.4 of the Lease.
Limited Exclusivity. During the term of this Agreement and so long as Sealy shall have ordered and provided WRT with an Installation Schedule for either (i) 250 Systems per calendar quarter beginning with the quarter ending December 31, 2006, or (ii) a total of 2,000 Systems deliverable during the term of this Agreement in quantities of at least 250 Systems per calendar quarter, commencing with the quarter ending Dxxxxxxx 00, 0000, XXX agrees not to furnish the WRT Technology to any other Bedding Manufacturer or Bedding Retailer in the Territory. The requirements for the limited exclusivity for the term of this Agreement shall be deemed met if Sealy has met the conditions of clause (i) or (ii) of the preceding sentence. During the term of this Agreement, Sealy agrees to use only WRT as its vendor for interactive touch screen display technology; provided, that at such time as the requirements for limited exclusivity above are not met and WRT shall have thereafter furnished WRT Technology to any other Bedding Manufacturer or Bedding Retailer in the Territory, Sealy shall not be bound by the limited exclusivity obligations of this Section 1.8. For purposes of this Agreement, “Bedding Manufacturer” or “Bedding Retailer” shall be any manufacturer or stand alone retailer of beds or futons, whether conventional innerspring products or specialty foam or air products, or any other product that is used or marketed for a person to sleep upon. A Bedding Manufacturer or Bedding Retailer shall not include a mass retailer that sells bedding in addition to other retail consumer merchandise.
Limited Exclusivity. (1) During the Term, without obtaining Dow Jones's prior written consent, neither Futurestep nor KF shall, directly or indirectly, purchase or otherwise place a Business Ad for the Futurestep Business in any print newspaper, other than the WSJ, NBEW, or another print publication in which Dow Xxxxx owns, directly or indirectly, a fifty percent (50%) or greater interest.
(2) Notwithstanding Section 4(e)(1), Futurestep and/or KF shall be entitled to purchase or otherwise place Business Ads for the Futurestep Business in local, city or regional newspapers during the * period following the date on which the Futurestep Business is first "launched" in such locale, city or region, provided that Futurestep and/or KF must also purchase or otherwise place at lease one (1) Business Ad for the Futurestep Business in the edition of the print WSJ that includes or most nearly covers such locale, city or region during the first two (2) week period following the date on which the Futurestep Business is first "launched" in such locale, city or region. For purposes of this Section 4(e)(2), the Futurestep Business shall have been "launched" in a particular locale, city or region when local media (print or radio) has been used to advertise the Futurestep Business in such locale, city or region.
(3) This Section 4(e) shall not affect or limit the right of Futurestep and/or KF to purchase or otherwise place Business Ads in vertical newspaper publications designed for specific audiences (e.g., engineers, computer programmers, et cetera).
