Nature of Exclusivity. For the avoidance of doubt, the parties acknowledge that the exclusivity of the licenses under Sections 5.2(a) and 5.2(b) shall apply even as to Corium, meaning that Corium shall not make any use of Corium Intellectual Property to develop or manufacture the Product for any third party without Agile’s express authorization. The parties further acknowledge that such exclusivity will be limited and apply only to the Product, and shall not be construed as granting any rights to Agile, or as limiting Corium’s ability to practice or license the Corium Intellectual Property, with respect to any products or services other than the Product as specifically defined in this Agreement. This limitation on exclusivity shall not, however, be construed as: (i) granting to Corium any ownership or other rights (other than those expressly granted under the terms of this Agreement) with respect to the Agile Background Technology, Agile Foreground Inventions, or any other Agile Intellectual Property (including but not limited to Agile’s proprietary permeation enhancer technologies); or (ii) prohibiting Agile from practicing or exploiting any of the same in other products and applications.
Nature of Exclusivity a) Exclusivity for competing products Exclusivity may be granted by a performer engaged at the minimum rate only for commercials for products directly competing with each other. Two (2) products or services compete directly with each other if they are the same type of product or service but carry two (2) different trade names or trademarks (e.g. Pepsi/Coke, Ford/Chevrolet, Colgate/Crest, RE/MAX – Real Estate Brokers/ La Capitale – Real Estate Brokers, etc.). Products or services shall not be considered to compete directly with each other simply because both are made or offered by the same advertiser, or because they are made or offered by advertisers competing for other products or services than the one in the commercial.
b) Exclusivity for non-competing products Exclusivity may be requested only for non-competing products (e.g. beer, milk, soft drinks) if the performer is paid a fee greater than or equal to one hundred and fifty percent (150%) of the single rate.
c) Exclusivity not required
1. Demonstrators, extras and group singers do not have to guarantee or grant exclusivity to the producer.
2. Exclusivity may be requested in the case of a voice-over only if the performer is paid a fee greater than or equal to one hundred and fifty percent (150%) of the single rate.
Nature of Exclusivity. This license grant is exclusive even against CyDex, except that CyDex remains free to practice the Patents in the course of rendering goods or services to Prism or any of Prism’s successors, assigns, licensees or customers in accordance with Prism exercising its rights under this License.
Nature of Exclusivity. In the event that Licensee becomes entitled to exercise the Retained License Rights pursuant to Section 2.2, such rights shall be exclusive, including with respect to Licensor. Prior to a Payment Default, Licensor may continue to exercise such rights as if the license in Section 2.1 had not been granted, provided, however, that Licensor shall not, at any time during the Term (as defined below) of this License Agreement, grant any rights in the Retained License Rights to any third parties that could take priority over Licensee’s exclusive rights to the Retained License Rights hereunder.
Nature of Exclusivity. This license grant is exclusive even against CBI, except that CBI remains free to practice the Patents in the course of rendering goods or services to Prism or any of Prism’s successors, assigns, licensees or customers and except that the United States Government has certain rights to the Patents because certain of the patented inventions were made, at least in part, with funds from the Federal Government awarded through the Grant.
Nature of Exclusivity. Licensor agrees that, during the Term and in the Territory, it will not, and it will cause Giannulli to not, directly or indirectly, authorize the use of the Trademarks or the Mossimo Identification or provide design services to or enter into a design agreement or relationship with any other retailer, manufacturer or distributor relating to the Exclusive Merchandise categories outlined in Exhibit B without the prior written consent of Licensee, except (a) as may be necessary to enable Licensor to meet its obligations under license agreements with Existing Licensees outstanding as of the date hereof, and (b) for the design, manufacture, distribution and sale of merchandise to golf pro shops located on the premises of golf courses or country clubs and commonly referred to as "green grass" shops. Notwithstanding the foregoing, in no event shall Licensor or Giannulli, directly or indirectly, authorize the use of the Trademarks or the Mossimo Identification or provide design services to or enter into a design agreement or relationship with any of the following entities: Wal-Mart, K-Mart, "clubs" (i.e. Costco, Sams, Fedco), X.X. Penney, Sears, Kohl's, Dollar General, Pic'n Save, Hills, Bradlees, Xxxx, or any affiliates, successors or assigns of the foregoing.
Nature of Exclusivity. Except as provided in this SECTION 2.3, the license granted under each of SECTIONS 2.1 and 2.2 (collectively, the “Licenses”) is exclusive to TILLOTTS in that CPP agrees to use itself the Licensed Patents as well as the Licensed Information only in such way as generally laid out in SECTION 2.3.2 below or as otherwise expressly stated in this Agreement and furthermore agrees not to grant to a third party another concurrently effective license in the Licensed Field: (a) under the Licensed Patents to Sell or offer to Sell Licensed Product in the Licensed Territory, or import Licensed Products into the Licensed Territory, during the term of this Agreement; and (b) to Use the Licensed Information in the labeling, marketing, Sale, seek MA Approval of, or commercialization of Licensed Products in the Licensed Territory during the term of this Agreement. In furtherance of the foregoing, CPP may not grant to a third party, without first complying with the requirements of SECTIONS 2.4.2, 2.4.3 and 2.6, another concurrently effective license under the Licensed Patents or to Use the Licensed Information to Develop, seek MA Approval with respect to, label, market, Sell, offer to Sell or commercialize the Licensed Formulation labeled or intended for administration in the treatment of a Gastrointestinal Disease in the Licensed Territory or in the treatment of an Indicated Disease in an Optional Territory Country.
Nature of Exclusivity. Notwithstanding any other provision in this Agreement, nothing in this Agreement prevents RN from licensing ROLLING STONE Properties to third parties for use in connection with wireless games other than the ROLLING STONE Games after one year from the Effective Date of this Agreement. Beginning six (6) months from the Effective Date of this Agreement, RN’s exclusivity obligations in this Agreement with respect to the use of ROLLING STONE brand, name, trademark and logo in connection with ring tones and ring tone services shall apply only to ring tones and ring tone services distributed through wireless service providers or wireless carriers with which DNA or its Japanese affiliate Dwango Co. Ltd. has completed and signed a binding contract that is still in effect for the distribution of the ROLLING STONE Ring Tone Service.
Nature of Exclusivity. Mossimo, Inc. agrees that, during the Term and in the Territory, it will not, and it will cause Giannulli to not, directly or indirectly, authorize the use of the Trademarks, the Mossimo Design Materials or the Giannulli Identification or provide design services to or enter into a design agreement or relationship with any other retailer, manufacturer or distributor relating to the Exclusive Merchandise Categories without the prior written consent of Target, except (a) as may be necessary to enable Mossimo, Inc. to meet its obligations under license agreements with Existing Licensees outstanding as of the date hereof, (b) for the design, manufacture, distribution and sale of merchandise to golf pro shops located on the premises of golf courses or country clubs and commonly referred to as “green grass” shops (c) Giannulli may provide design services to Modern Amusements, Inc. or its successors, or to third parties not described in the next succeeding sentence provided any designs or products produced from such efforts are not directly or indirectly marketed or publicized as being the result of Giannulli’s efforts or as associated with Giannulli . Notwithstanding the foregoing, in no event shall Mossimo, Inc. or Giannulli, directly or indirectly, authorize the use of the Trademarks, the Mossimo Design Materials or the Giannulli Identification or provide design services to or enter into a design agreement or relationship, with any entities in the following channels of trade: mass merchandising discount stores or super centers (e.g., Wal-Mart and K-Mart (including any entity resulting from the merger of K-Mart and Sears), warehouse clubs (e.g., Costco and Sam’s Club), mid-tier department stores (e.g., X.X. Penney, Sears (including any entity resulting from the merger of K-Mart and Sears), Kohl’s and Mervyn’s), national apparel chains (e.g., The Limited and The Gap family of stores), any department stores operated by Federated, Inc. or any affiliates, successors or assigns of the foregoing.
