New Product. In the event that either (i) an insurer or entity ----------- other than AIC or any of its affiliates (a "Competing Insurer") proposes a program to offer on the ABT Website any personal or commercial insurance other than the Products offered pursuant to this Agreement (a "New Product") or (ii) ABTAC wishes to market a New Product through a Competing Insurer, then ABTAC shall immediately give AIC written notice of such New Product and the related terms (the "New Product Notice").
New Product. Vendor shall endeavor to notify Ingram at least thirty (30) days before the date any new Product is introduced. Vendor shall make such Product available for distribution by Ingram no later than the date it is first offered for sale in the marketplace.
New Product. Concept Testing ---------------------------
5.1 Realco and Franchising desire to continue their relationship under which certain new products/concepts are tested for Franchising at hotels owned by Realco. The Parties agree to negotiate in good faith on a case by case basis with respect to the terms of such participation by Realco in new product/concept testing. In the event Franchising desires to test or research any new product/concept in Realco hotels, Franchising shall deliver to Realco a written description of the new product/concept and plans for its testing or research. The Parties shall then evaluate appropriate compensation for Realco to receive, which compensation shall include all direct and indirect costs associated with the project and an opportunity cost factor, such that the capital invested by Realco will receive a return on investment equivalent to Realco's incremental cost of capital.
5.2 In the event Franchising franchises a new brand or concept, Franchising agrees that no other franchisee shall receive more favorable terms or conditions than those offered to Realco.
New Product. In the event that Buyer develops a New Product, Buyer may solicit bids for the manufacture and supply of New Product from third parties, provided, however, prior to entering into a commitment with a third party to manufacture or supply such New Product, Buyer shall negotiate in good faith with Supplier for Supplier to act as the manufacturer and supplier of such New Product on terms consistent with this Agreement, but with an Upcharge to be mutually agreed upon by Buyer and Supplier. Supplier may, but shall not be obligated to, submit a bid to Buyer to manufacture or supply any New Product. Although Buyer shall offer Supplier an opportunity to bid to be the supplier of such New Product, such opportunity is not, and shall not be deemed to be, a right of first negotiation, a right of first refusal, nor a right of last refusal. If a New Product is manufactured and supplied by Supplier, such New Product shall become Product and, then to the extent purchased, an agreed-to upcharge shall be credited toward Buyer's Purchase Target obligation. Notwithstanding anything contained herein to the contrary, Supplier shall not be required to develop or fund the development of any New Product.
New Product. MANUFACTURER will give DISTRIBUTOR at least thirty (30) days prior notice of the introduction of any new Products that preclude or materially limit DISTRIBUTOR from selling like Products in its inventory and shall work with DISTRIBUTOR to move the effected inventory through resale for ninety (90) days. If, after the above efforts, effected Product still remains in DISTRIBUTOR'S inventory, MANUFACTURER agrees to replace it with the new products within one hundred twenty (120) days of the official public announcement of such new products or MANUFACTURER'S first shipment of the New Product, whichever occurs first.
New Product. Subject to Sanofi-Synthelabo's right of first negotiation under Section 5.02 below, Atrix may or, at Sanofi-Synthelabo's request, will seek to develop and have the FDA approve a New Product.
New Product. The term “
New Product. Within ten business days of Customer’s notice that a new Product will be introduced to the Services performed under this RSA Addendum and receipt of estimated repair forecasts, forward looking production forecasts and any other information reasonably requested by Flextronics that is relevant to Flextronics’s Materials planning, Flextronics shall create and provide to Customer a xxxx of Materials for the planned repair of such Product as well as applicable documentation for Materials management with appropriate planning and procurement inspection to support the Services to be performed on such Product (collectively “Repair Planning BOM”). Upon providing Customer with the Repair Planning BOM, Flextronics will allow one week for Customer to review and provide changes to such documentation. After the completion of such review period, Flextronics shall proceed with planning and purchasing such Materials based on Customer’s historical repair data and Customer’s updated Repair Planning BOM, as applicable.
New Product. 13 Section 5.01. New Product.................................................... 13 Section 5.02. Right of First Negotiation..................................... 13 Article VI COMMERCIALIZATION.................................................... 14 Section 6.01. Promotion And Marketing Obligations............................ 14
New Product. Any change or addition to Software and/or related documentation that: (i) has a value or utility separate from the use of the Software and documentation; (ii) may be priced and offered separately from the Software and documentation; and, (iii) is not made available to Licensor’s subscription customers generally without separate charge. In the event of any disagreement between the Parties with respect to whether a change or addition constitutes a New Product, the good faith determination of such issue by Licensor shall be final, binding, and conclusive.
