New territory Sample Clauses

New territory. If, at any time during the Term, Licensor’s license with respect to any Expansion Territory expires and Licensor does not itself or through a subsidiary wholly owned and operated by Licensor or its ultimate parent company take over any retail or wholesale business in the Expansion Territory, Licensee shall have the exclusive option during the Term to import, sell, distribute and/or promote Licensed Products in the Expansion Territory, subject to the terms of this Section 2.3(b). Licensor shall provide Licensee notice of the foregoing (the “Expansion Notice”) and Licensee shall have sixty (60) days from its receipt of the Expansion Notice to present to Licensor a commercially reasonable business plan for the importation, sale, distribution and/or promotion of Licensed Products in the Expansion Territory (an “Expansion Business Plan”). Any such Expansion Business Plan shall include at least all of the information required to be set forth in the Business Plan pursuant to Section 5.2. If Licensee does not present such an Expansion Business Plan to Licensor sixty (60) days after receiving an Expansion Notice, Licensee’s rights with respect to such Expansion Territory shall lapse. If Licensee does submit an Expansion Business Plan, Licensor and Licensee shall negotiate in good faith the details of such plan to arrive at a mutually acceptable Expansion Business Plan, and shall promptly and in good faith incorporate the terms thereof into a written license with respect to such Expansion Territory, which may be in the form of either an amendment to this Agreement or a separate agreement in substantially the form of this Agreement, as reasonably determined by Licensor. Notwithstanding anything to the contrary contained herein, Licensee’s rights hereunder shall not apply to eyewear, watches, footwear, fragrance and personal care products, home furnishings or to any product category as to which Licensor grants rights to a third party as part of a multinational license.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
New territory. The term "New Territory" is defined in Section 2.5(b).
Sample 1
New territory. The Company and the Customer agree to add the New Territoy to the Annex II of the Supply Agreement. Notwithstanding the above, the products to be distributed in the New Territory will be the ones described on Annex I to this Addendum and those expressly agreed in writing by the Parties, which includes the pricing agreed between the Parties (the “New Territory’s Products”). The Customer shall order the New Territory’s Products from its subsidiary company Osteon Medical, existing under the laws of Australia, with its principal place of business located at 000-000 Xxxxxxxxxx Xx Xxxxxxxx XXX 0000, Xxxxxxxxx (the “New Territory Subsidiary”) by submitting a purchase order indicating the desired quantity and the location of the New Territory, Annex II to this Addendum (Affiliates & Distribution Partners). The Customer is obliged to order the minimum quantities of one hundred units referred in the Annex I. Any order issued by the Customer, or any of its subsidiaries, that is not the New Territory Subsidary, and that pretend to be delivered on the New Territory, shall not be binding for the Company. Corporate identities defined in Annex II. The New Territory’s Products will be delivered in no later than two (2) weeks after the New Territory Subsidiary delivers the order to the Company, following the day of the acceptance of the order of the New Territory’s Products in standard conditions. Under special conditions, depending on the volume of the order and the difficulties that may arise, the delivery time could be up to eight (8) weeks.
Sample 1
New territory. Before launching the Licensed Products in any jurisdiction of the Territory not listed on Schedule 7.2 hereto (“New Territory”), Mundipharma will notify BioCryst of Mundipharma’s intention to launch the Licensed Products in such New Territory in sufficient time for BioCryst to make any and all necessary or appropriate filings for trademark or other protection in the New Territory. BioCryst will make such filings as BioCryst, in its sole discretion, deems appropriate. Mundipharma will fully cooperate with BioCryst as BioCryst may request in furtherance of BioCryst’s application, prosecution, registration, or maintenance of any such filings. If BioCryst notifies Mundipharma that BioCryst declines to file, maintain, or renew an application or registration in any New Territory (such notice to be given by BioCryst to Mundipharma within 30 days of receipt of Mundipharma’s notice), Mundipharma will be entitled to file, maintain, and/or renew such applications or registrations at Mundipharma’s expense, in its own name. Upon expiration or termination of this Agreement, the provisions of Section 11.3.5 shall apply to the assignment of Mundipharma’s right, title and interest in and to such Trademarks to BioCryst.
Sample 1

Related to New territory

  • Territory 33.1 This Agreement applies to the territory in which CenturyLink operates as an ILEC in the State. CenturyLink shall be obligated to provide services under this Agreement only within this territory. 33.2 Notwithstanding any other provision of this Agreement, CenturyLink may terminate this Agreement as to a specific operating territory or portion thereof pursuant to Section 6.7 of this Agreement.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Country and Territory Names The country and territory names (including their IDN variants, where applicable) contained in the following internationally recognized lists shall be withheld from registration or allocated to Registry Operator at All Levels: the short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union <xxxx://xxx.xxx.xxx/iso/support/country_codes/iso_3166_code_lists/iso-3166-1_decoding_table.htm>; the United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and the list of United Nations member states in 6 official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names; provided, that the reservation of specific country and territory names (including their IDN variants according to the registry operator IDN registration policy, where applicable) may be released to the extent that Registry Operator reaches agreement with the applicable government(s). Registry Operator must not activate such names in the DNS; provided, that Registry Operator may propose the release of these reservations, subject to review by ICANN’s Governmental Advisory Committee and approval by ICANN. Upon conclusion of Registry Operator’s designation as operator of the registry for the TLD, all such names that remain withheld from registration or allocated to Registry Operator shall be transferred as specified by ICANN. Registry Operator may self-allocate and renew such names without use of an ICANN accredited registrar, which will not be considered Transactions for purposes of Section 6.1 of the Agreement.

  • Clinical Trials The studies, tests and preclinical and clinical trials conducted by or on behalf of, or sponsored by, the Company, or in which the Company has participated, that are described in the Registration Statement, the Time of Sale Disclosure Package or the Prospectus, or the results of which are referred to in the Registration Statement, the Time of Sale Disclosure Package or the Prospectus, were and, if still pending, are being conducted in all material respects in accordance with protocols, procedures and controls pursuant to, where applicable, accepted professional and scientific standards for products or product candidates comparable to those being developed by the Company and all applicable statutes, rules and regulations of the FDA, the EMEA, Health Canada and other comparable drug and medical device (including diagnostic product) regulatory agencies outside of the United States to which they are subject; the descriptions of the results of such studies, tests and trials contained in the Registration Statement, the Time of Sale Disclosure Package or the Prospectus do not contain any misstatement of a material fact or omit a material fact necessary to make such statements not misleading; the Company has no knowledge of any studies, tests or trials not described in the Disclosure Package and the Prospectus the results of which reasonably call into question in any material respect the results of the studies, tests and trials described in the Registration Statement, the Time of Sale Disclosure Package or Prospectus; and the Company has not received any notices or other correspondence from the FDA, EMEA, Health Canada or any other foreign, state or local governmental body exercising comparable authority or any Institutional Review Board or comparable authority requiring or threatening the termination, suspension or material modification of any studies, tests or preclinical or clinical trials conducted by or on behalf of, or sponsored by, the Company or in which the Company has participated, and, to the Company’s knowledge, there are no reasonable grounds for the same. Except as disclosed in the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, there has not been any violation of law or regulation by the Company in its respective product development efforts, submissions or reports to any regulatory authority that could reasonably be expected to require investigation, corrective action or enforcement action.

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!