Mutual No Diversion of Expedition Cruise Business to the United States and Canadian Markets Sample Clauses

Mutual No Diversion of Expedition Cruise Business to the United States and Canadian Markets. (a) For Expedition Cruises up to the 295 Passenger Threshold for the United States and Canadian Markets, each Party and the Affiliates of each Party will not (x) sell, distribute, or operate Expedition Cruises that are branded with the Restricted Brands, (y) license the Restricted Brands for the sale, distribution, or operation of Expedition Cruises, and/or (z) permit references to the official sponsor of National Geographic or National Geographic’s partner in Expedition Cruises (other than for Co-Branded Expedition Cruises) in any sponsorship agreements (the “Exclusivity Restrictions”). Notwithstanding the foregoing, the Parties agree that the Exclusivity Restrictions shall not apply: (i) to Expedition Cruises that are set forth on Schedule 6 (Excluded Expedition Cruises); (ii) to the extent the Exclusive Factors Total does not exceed zero point one (0.10); or (iii) to the extent the Parties mutually agree in writing. (b) Subject to NGP’s rights as set forth in Section 4.1(b) (295-530 Segment Conditions), the Exclusivity Restrictions shall also apply to the 295-530 Passenger Segment in the United States and Canadian markets. (c) For the avoidance of doubt, each Party and its Affiliates can market, sell, operate, and/or license trips with any Restricted Brand that includes a Minor Expedition Cruise Component. (d) [***]. (e) For the avoidance of doubt, NGP shall continue to have rights to use the NG Marks for marketing the Trips hereunder, notwithstanding any reference to an exclusive license to Licensee to market the Trips in this Agreement.
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