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.
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
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.
Marketing Exclusivity. The term “
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.
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.
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)(2) NDAs for drugs containing the active agent for the original indication or condition of use. Five-year and three- year exclusivity will not delay the submission or approval of a full NDA. However, an applicant submitting a full NDA would be required to conduct or obtain a right of reference to all of the pre-clinical studies and adequate and well-controlled clinical trials necessary to demonstrate safety and effectiveness. Pediatric exclusivity is another type of marketing exclusivity available in the United States. Pediatric exclusivity provides for an additional six months of marketing exclusivity attached to another period of exclusivity if a sponsor conducts clinical trials in children in response to...
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.
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.
