Marketing Exclusivity Sample Clauses

Marketing Exclusivity. For 12 months after the date hereof Nortel and Talarian will be marketing partners and during such period (i) Nortel will not become a marketing partner for any type of publish/subscribe and multicast middleware other than with Talarian and (ii) Talarian will not become a marketing partner with any of the entities set forth on Exhibit A; provided, however, that Talarian will not be prohibited from soliciting support from any third party in the pursuit of IETF standards or similar standards efforts for multicast protocols. In furtherance of this marketing relationship between Talarian and Nortel Networks, Talarian agrees that it will, to the extent reasonable, (i) recommend Nortel Networks equipment to its customers as the preferred networking solution, (ii) give its customers that are [ ** ] information about Nortel Networks equipment, (iii) provide Nortel Networks with advance notice of its scheduled sales calls and allow Nortel Networks to do joint sales calls with Talarian, including sales calls into [ ** ] accounts, and (iv) give Nortel Networks access to its customers within Talarian's reasonable discretion; and Nortel Networks agrees that it will, to the extent reasonable, (i) recommend Talarian products to its customers as the preferred financial middleware solution, (ii) give its customers that are [ ** ] information about Talarian products, (iii) provide Talarian with advance notice of its scheduled sales calls and allow Talarian to do joint sales calls with Nortel Networks, including sales calls into [ ** ] accounts, and (iv) give Talarian access to its customers within Nortel Networks' reasonable discretion.
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Marketing Exclusivity. (a) During the Exclusive Co-Marketing Term, or such longer period as may be mutually agreed by the Parties, each Party shall use good faith efforts to promote the (b) Combined Platform with Third Parties who express an interest in Antibody-drug conjugates pursuant to the terms of this ARTICLE 3. (c) During the Exclusive Co-Marketing Term, Adimab shall not promote to existing or potential Third Party customers an Antibody-drug conjugate technology platform other than that provided by [***]. (d) During the Exclusive Co-Marketing Term, Mersana shall not promote to existing or potential Third Party customers an Antibody discovery or Antibody optimization technology, other than those provided by [***]. (e) Notwithstanding the obligations set forth in this ARTICLE 3, at a Third Party’s request, each Party may provide Antibodies, in the case of Adimab, or Antibody-drug conjugation technology, in the case of Mersana, to Third Parties without entering into a Third Party Collaboration. For clarity, each Party shall have the right to (i) work with other providers of Antibody-drug conjugation technology, in the case of Adimab, or of Antibodies, in the case of Mersana, and (ii) inform Third Parties that the relationship between the Parties is one of preferred partners but not an exclusive partnership. For example, it is anticipated that if a Third Party inquires to either Party regarding Antibody-drug conjugation technology, such Party would respond to such inquiry by initially promoting the Combined Platform to such Third Party (including providing Validation Program Data, if appropriate), but if the Third Party expresses concern regarding the Combined Platform for any reason or otherwise indicates that [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. it does not wish to use the Combined Platform, such Party would inform such Third Party that such Party is free to work with technologies other than the Combined Platform to discover and develop an Antibody-drug conjugate for such Third Party. (f) The restrictions set forth in this Section 3.7 shall not apply to any agreements entered into prior to the Effective Date.
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Marketing Exclusivity. The term “
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Marketing Exclusivity. Organizer hereby engages Visit Orlando, and Visit Orlando hereby accepts such engagement, each subject to the terms and conditions set forth in this Agreement, to be the sole destination marketer at the Events. Organizer represents, warrants, covenants, and agrees that Visit Orlando is and will be the Events’ sole marketer in the destination/location category.
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Marketing Exclusivity. Market exclusivity provisions under the FDCA can delay the submission or the approval of certain marketing applications. The FDCA provides a five-year period of non-patent marketing exclusivity within the United States to the first applicant to obtain approval of an NDA for a new chemical entity. A drug is a new chemical entity if the FDA has not previously approved any other new drug containing the same active moiety, which is the molecule or ion responsible for the action of the drug substance. During the exclusivity period, the FDA may not approve or even accept for review an abbreviated new drug application, or ANDA, or a NDA submitted under Section 505(b)(2), or 505(b)(2) NDA, submitted by another company for another drug based on the same active moiety, regardless of whether the drug is intended for the same indication as the original innovative drug or for another indication, where the applicant does not own or have a legal right of reference to all the data required for approval. However, an application may be submitted after four years if it contains a certification of patent invalidity or non-infringement to one of the patents listed with the FDA by the innovator NDA holder. The FDCA alternatively provides three years of marketing exclusivity for an NDA, or supplement to an existing NDA if new clinical investigations, other than bioavailability studies, that were conducted or sponsored by the applicant are deemed by the FDA to be essential to the approval of the application, for example new indications, dosages, or strengths of an existing drug. This three-year exclusivity covers only the modification for which the drug received approval on the basis of the new clinical investigations and does not prohibit the FDA from approving ANDAs or 505(b)
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Marketing Exclusivity a. The payment of the Retainer thereby grants to Client the right to exclusively market the Finished Good Product during the period of time that the Developer is utilized as the sole contract manufacturing supplier to manufacture Finished Good Product. b. The parties agree that once the Formulation Ownership Transfer has occurred, then the Client may utilize and market the Finished Good Product in any manner it desires.
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Marketing Exclusivity. In the event that during the three year period commencing with the date upon which both parties have released to the market one or more OEM Products, and ending exactly three years later, Agilent is found, by an independent auditor to be mutually agreed upon and retained at Agilent's expense to have generated three times or more gross revenue from OEM products than Supplier during the same time period, provided that Agilent sells at least $10 Million in gross revenues of NVE isolators during the three year period, Supplier shall grant Agilent an exclusive right to sell OEM products for an indefinite period, which right shall commence 90 days after the notice of the independent auditor. Parties shall not sell artificially high levels of product to distributors in order to influence the revenue measurements of this provision, nor will product stock held by distributors be counted as sales for the purposes of this provision. As part of this right, if granted, Supplier shall provide to Agilent as soon as commercially reasonable, all materials that would reasonable enable Agilent to fully exercise and enjoy the benefits of this right, including but limited to customer lists and all details of Supplier's OEM business since the Effective Date of this Agreement. Agilent agrees to make commercially reasonable efforts to market the OEM products under these circumstances. Absent such commercially reasonable efforts, Agilent's exclusive rights under this paragraph shall be revoked. In the event that Agilent fails to win this right of market exclusivity, the provisions of 13.1 shall remain in full force and effect.
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Marketing Exclusivity. Participant Company shall not agree to be showcased, exhibited, or otherwise be a participant in any marketing or advertising material or a similar program leveraging 5G or edge computing or event of any other telecommunications service provider or telecommunications equipment provider in either the United States or United Kingdom for a period of twelve (12) months following the end date of the Program. The foregoing limitation shall not prohibit the undersigned from development or commercialization activities.
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Marketing Exclusivity. In order for the Antry Group to be able to properly fulfill its responsibilities and perform its obligation. under the marketing agreement, it is necessary that TEXOIL deal exclusively with The Antry Group for all marketing services involving TEXOIL securities during the term of the relationship. TEXOIL will work solely with The Antry Group in this respect and will not take any actions which would contravene or hinder the ability of The Antry Group to exclusively market the TEXOIL securities. The Antry Group will be the sole supplier of the services included within the marketing agreement and will be the sole provider and Organizer of the network of wholesalers, brokers and dealers for the sale of the TEXOIL securities.
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Related to Marketing Exclusivity

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.

  • Royalty Term On a country-by-country and Licensed Product-by-Licensed Product basis, royalty payments in the Territory shall commence upon the first commercial sale of such Licensed Product, whether such sale is to a Public Purchaser, Governmental Authority or private entity or person and whether such sale is made under an EUA or Key Approval, in such country in the Territory and will terminate upon the later of: (a) the expiration, invalidation or abandonment date of the last Valid Claim of the Patents in the country of sale or manufacture of such Licensed Product in the Territory or (b) expiration of regulatory exclusivity of such Licensed Product in such country of sale in the Territory (the “Royalty Term”).

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • 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.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

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