MARKET RIGHTS. Company has selected Supplier as a preferred supplier for the Material described in Exhibit A during the four (4) year term of this Agreement. "
MARKET RIGHTS. The relationship of the Parties under this Agreement shall be non-exclusive in all respects. Other than the Parties’ respective obligations to comply fully with the terms of the NDA (as defined below), it is expressly understood and a greed that nothing expressed or implied in this Agreement shall be deemed to restrict: (i) Supplier’s right or ability, whether during the Term or at any time thereafter, to directly or indirectly sell, license, use, promote, market, exploit, develop or otherwise deal in the Products, or any other product, software or service; or (ii) Tellabs’ right to independently develop or cause to be developed and to make commercial usage of similar or competing technology as that which is incorporated in the Products; or (iii) either Party’s right to enter into any business arrangement of whatever nature or description, including arrangements similar to those contemplated in this Agreement, with any service supplier, distributor, reseller, system integrator, or any other third party wherever located.
MARKET RIGHTS. 1.5.1 It is expressly understood and agreed that this Agreement neither grants to Supplier an exclusive right or privilege to sell to Lucent any or all products of the type described in the "Product" definition which Lucent may require, nor requires the purchase of Product or any other products from Supplier by Lucent. It is, therefore, understood that Lucent may contract with other manufacturers and suppliers for the procurement of comparable products. In addition, Lucent shall, at its sole discretion, decide the extent to which Lucent will market, advertise, promote, support or otherwise assist in further offerings of the Product.
1.5.2 Supplier agrees that purchases by Lucent under this Agreement shall neither restrict the right of Lucent to cease purchasing nor require Lucent to continue any level of such purchases.
MARKET RIGHTS. In consideration for Lucent providing purchase commitments, development assistance (i.e., technical expertise and engineering assistance) and proprietary Lucent Information ("
MARKET RIGHTS. (a) Supplier will supply 100% of Company's requirements for access Products (as defined in Subsection 8(c)) for resale as "Stand-Alone Products". Stand-Alone Products means products that operate individually or as a component in a Supplier system. Examples of Stand-Alone Products are the Supplier 3160 DSU/CSUs and/or cards that are inserted into a carrier to create a system. An example of a product that is not Stand-Alone would be a board or component that is to be inserted into another vendor's product as an OEM in order to complete a function that the other vendor wishes to provide. Company shall not purchase products for resale as Stand-Alone Products that are substantially similar in design, functionality, and operating characteristics to and compete in the marketplace with those Access Products defined in Subsection 8 (c), and as they basically exist on the date of this Amendment. With respect to Company's internal requirements for Access Products, Supplier shall have Preferred Supplier status ("Preferred Supplier") through the same period. Preferred Supplier status shall mean, with respect to Company's internal requirements, that Supplier shall be given the first opportunity to supply such products. Supplier's ability to sell to any customer will not be restricted. Supplier will use diligent efforts to meet such requirements, shall be free to contract at its discretion with third parties to manufacture products of its design or otherwise assist in fulfilling the requirements for its Access Products.
MARKET RIGHTS. It is expressly understood and agreed that this Agreement neither grants to Contractor an exclusive right or privilege to sell to Company any or all material or services of the type described in this Agreement which Company may require, nor requires the purchase of any material or services from Contractor by Company. It is, therefore, understood that Company may contract with other contractors for the procurement of comparable material or services. In addition, Company shall at its sole discretion, decide the extent to which Company will market, advertise, promote, support, use the material or services, or otherwise assist in further offerings of the material or services. *** *** *** *** Given the highly proprietary and confidential nature of the business information, data, software, plans and other items critical to Company's overall marketing strategy, Contractor acknowledges that monetary damages may not be a sufficient remedy if there occurs unauthorized disclosure of Company's proprietary information to any other local or long-distance carrier, cable television service provider, internet service provider, DSL service provider, pager service provider, or cellular/wireless service provider. Contractor further acknowledges that in the event Contractor breaches any provision contained herein, Company will be entitled, without waiving other rights, to immediately terminate this Agreement and to obtain all such remedies as injunctive or equitable relief, as well as attorneys' fees, as may be deemed proper by a court of competent jurisdiction. Notwithstanding any of the above Company may at any time unilaterally waive any or all of the provision in this clause MARKET RIGHTS, on a project by project basis or in totem.
MARKET RIGHTS. The parties agree that SECTION 8 ("MARKET RIGHTS") of the Supply Agreement ("Supply Agreement") entered into on July 31, 1996, by and among AT&T Paradyne Corporation, CAP Acquisition Corp., and Lucent, shall be deleted in its entirety and replaced with the following:
MARKET RIGHTS. (a) Supplier will supply 100% of Company's requirements for Access Products (as defined in Subsection 8(d)) for resale as "Stand-Alone Products" through June 30, 2001. Stand-Alone Products means products that operate individually or as a component in a Supplier system. Examples of Stand-Alone Products are the Supplier 3160 DSU/CSUs and/or cards that are inserted into a carrier to create a system. An example of a product that is not Stand-Alone would be a board or component that is to be inserted into another vendor's product as an OEM in order to complete a function that the other vendor wishes to provide. Company shall not purchase products for resale as Stand-Alone Products that
MARKET RIGHTS. The County, except as otherwise outlined in these specifications, shall utilize the Contractor exclusively for the performance of Emergency and non-exclusively for non-emergency Ambulance services within Columbia County
MARKET RIGHTS. In recognition of a Preferred Relationship between NxStage and Customer, NxStage agrees to limit the number of Active NxStage Customers (as defined below) in specified geographic Markets (as defined below) in the Continental United States for the duration of the Term to the levels defined in Attachment A, as the same may be adjusted pursuant to the terms hereof. For purposes of this Agreement, Markets are as defined by geographical county, group of counties, or subdivisions of a county (for [**] and [**]), as set forth in Attachment A hereto. As detailed in Attachment A, and subject to the terms set forth below, NxStage agrees to provide Customer "Full Exclusivity" (Customer Only, and No Active NxStage Customer) access in [**] markets, "Customer + 1 Active NxStage Customer Exclusivity" (hereinafter "Customer + 1 Exclusivity") access in [**] markets, and "Customer + 2 Active NxStage Customer Exclusivity" (hereinafter "Customer + 2 Exclusivity") access in remaining markets at the Effective Date, (hereinafter, in addition to all other exclusivity rights set forth in this Paragraph 1, collectively referred to as "Exclusivity, or Exclusivity Rights"). Markets not presently qualifying for Full Exclusivity, Customer +1 or Customer +2 Exclusivity ("Exception Markets") are [**] other Active NxStage Customers), [**] other Active NxStage Customers), [**] other Active NxStage Customers), [**] other Active NxStage Customers), [**] other Active NxStage Customers), [**] other Active NxStage Customers), [**] other Active NxStage Customers), [**] other Active NxStage Customers), and [**] other Active NxStage Customers). NxStage agrees to limit the number of Active NxStage Customers in the Exception Markets to these stated levels. NxStage agrees that if any Active NxStage Customer's agreement with NxStage is terminated in the Exception Markets during the Term, or any extension thereof, and such Market is not otherwise a "filled Market" (as defined below), NxStage shall not enter into a new agreement to establish a new Active NxStage Customer in such Exception Market for a period of [**] months following the relevant agreement termination date. The parties understand that the foregoing list of Markets are the only "Exception Markets", and that Customer + 2, +3 or other Markets that lose one or more levels of Exclusivity rights pursuant to the terms set forth herein, shall not thereafter convert to Exception Markets.
