NATIONAL SALES Sample Clauses

NATIONAL SALES. Debtors may compete with Xxxxxx only as an agent, managing general agent, third party administrator, underwriter, or risk management services provider, with respect to workers' compensation insurance, and only in the following 19 states: IL, NJ, CO, TX, AZ, OK, IN, PA, KS, MO, NY, GA, FL, AR, OR, TN, IA, MD, and DE (collectively, the "Permitted States"). Eligible business for the Debtors is defined as acting as agent, managing general agent, risk management services provider or third party administrator with respect to workers' compensation policies, and where both of the following conditions are satisfied: (i) where each agent or other producer with respect to the policy is located in a Permitted State, and (ii) more than 90% of the total payroll (measured by reference to each policy) arises in the Permitted States (the "Debtor Eligible Business"). In addition, Debtor Eligible Business is expanded to include sale or renewal of policies where the insured is one of the entities or its affiliates listed on the schedule attached hereto as Exhibit "A." Finally, Debtor Eligible Business also includes any reinsurance by Superior (Bermuda) Ltd. of any Debtor Eligible Business. To the extent it is an asset acquired by Xxxxxx under the Rehabilitation Plan, all renewal information and data in existence as of closing of the Rehabilitation Plan will remain owned by Xxxxxx; provided, however, that Xxxxxx will provide all data and information to Debtors necessary to effectuate the Fronted Business Run-Off.
Sample 1
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NATIONAL SALES. Publisher will refer to Southwestern Xxxx all sales of advertising to, or through a CMR for the account of, any Advertiser that qualifies to place National advertising under the current YPIMA minimum standards. Within 30 days following the end of each year of the Term, Southwestern Xxxx will pay to Publisher an aggregate amount equal to 3.0% of Southwestern Xxxx'x gross revenues during the most recent prior year from the sale of advertising on SMARTpages through CMRs (the "Revenue Share"). Upon Publisher's request, Southwestern Xxxx will provide Publisher or its representatives with reasonable access once a year to the books and records and other documents of Southwestern Xxxx that Publisher may reasonably request concerning the calculation of the Revenue Share for the prior year.
Sample 1
NATIONAL SALES. BUSINESS PROMOTION AND RESERVATIONS SERVICES (a) Manager shall cause to be furnished to the Hotel certain services ("National Sales, Business Promotion and Reservations Services") consisting of central marketing services and a central reservations system. The central marketing services shall provide system-wide marketing activities for all Affiliated Hotels and shall include national and regional advertising, sales promotion, public relations and direct selling efforts for the collective business development of all Affiliated Hotels. The central reservations system shall provide a national toll-free system for inquiries regarding customer bookings and for making, changing and canceling reservations for the Hotel and other Affiliated Hotels. (b) Manager shall assess, and Owner shall pay to Manager, a monthly assessment (the "National Sales, Business Promotion and Reservations Services Assessment") for National Sales, Business Promotion and Reservations Services equal to 3.5% of Gross Room Sales. Such amount may be increased by a vote of the owners of a majority of the rooms and suites in all Affiliated Hotels. The National Sales, Business Promotion and Reservations Services Assessment will be payable each month directly from the Bank Account based upon Gross Room Sales for the preceding month. Costs of National Sales, Business Promotion and Reservations Services shall consist of the actual cost of providing such services without xxxx-up or profit to Manager or any Affiliate, but shall include salary and employee benefit costs, cost of equipment used in providing such services, and overhead costs of the home office or any regional or other local office providing such services, in each case reasonably allocable thereto. (c) The National Sales, Business Promotion and Reservations Assessment does not cover charges for third-party reservation systems (such as airline reservations systems) and/or other third-party reservation fees ("TPR Charges"), which shall be paid for separately by Owner as an Operating Cost of the Hotel. TPR Charges shall include costs incurred by Manager or any Affiliate (without markup for profit to Manager or any Affiliate) in administering such systems or fees, such as salary and employee benefit costs, cost of equipment, and overhead costs at the home office or any other regional or local office in administering such systems and fees, in each case reasonably allocable thereto. (d) National Sales, Business Promotion and Reservations Servi...
Sample 1

Related to NATIONAL SALES

  • Volume of TIPS Sales Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS Members will submit any TIPS orders to Vendor at any time.

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Product Sales Subject to Sections 10.3(c) and 10.3(d), Licensee agrees that it will not sell, offer for sale, or assist third parties (including Affiliates) in selling Product except for the sale and offer for sale of (A) TAF Product, TAF Combination Product, TDF Product and TDF Combination Product for use in the Field and in the countries of the TDF-TAF Territory, (B) COBI Product and COBI Combination Product for use in the Field and in the countries of the COBI Territory, and (C) EVG Product, EVG Combination Product and Quad Product for use in the Field and in the countries of the EVG-Quad Territory.‌ (i) Licensee agrees that during the period in which the Patents are valid and enforceable (on a Product-by-Product basis) it will prohibit its Distributors from selling Product (A) to any other wholesaler or distributor, (B) outside the Territory for which Licensee is licensed for sale of such Product pursuant to Section 2.2, or (C) for any purpose outside the Field. (ii) Licensee agrees that it will not administer the TAF Quad to humans, or sell the TAF Quad until Gilead has obtained marketing approval for the TAF Quad from the FDA. Licensee agrees that it will not administer EVG to humans, or sell Products containing EVG until Gilead has obtained marketing approval for an EVG Product from the FDA. Licensee agrees that it will not administer COBI to humans, or sell Products containing COBI until Gilead has obtained marketing approval for a COBI Product from the FDA. Licensee agrees that it will not administer TAF to humans, or sell Products containing TAF until Gilead has obtained marketing approval for a TAF Product from the FDA. If Gilead obtains marketing approval from the FDA for any Quad Product or a Combination Product containing TAF, COBI or EVG (“Approved Combination Product”) prior to obtaining marketing approval for a TAF Product, EVG Product or COBI Product from the FDA, then Licensee will be allowed to administer such Quad Product or such Approved Combination Product to humans, and sell such Quad Product or such Approved Combination Product from and after the date of such marketing approval from the FDA, but will not (A) administer to humans or sell Combination Products containing EVG other than such Quad Product or such Approved Combination Product until Gilead has obtained marketing approval from the FDA for an EVG Product, or (B) administer to humans or sell Combination Products containing COBI other than such Quad Product or such Approved Combination Product until Gilead has obtained marketing approval from the FDA for a COBI Product or (C) administer to humans or sell Combination Products containing TAF other than such Quad Product or such Approved Combination Product until Gilead has obtained marketing approval from the FDA for a TAF Product.

  • Classification of Goods The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

  • Sales On the settlement date for a sale, Bank will credit the Cash Account with the proceeds of the sale and transfer the relevant Financial Assets to an account at the Bank pending settlement of the trade where not already delivered.

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy.

  • Net Sales The term “

  • Preference for domestically manufactured goods The provisions of paragraphs 2.54 and 2.55 of the Guidelines and Appendix 2 thereto shall apply to goods manufactured in the territory of the Borrower.

  • Particular Methods of Procurement of Goods and Works International Competitive Bidding. Goods and works shall be procured under contracts awarded on the basis of International Competitive Bidding.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

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