No Similar Product Sample Clauses

No Similar Product. 11 9.3 No Use of Aastrom's Proprietary Information....................... 11
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No Similar Product. (a) During the term of this Agreement, ------------------ and during the term of any similar manufacturing agreement between SeaMED and Aastrom, and for a period of three (3) years thereafter, SeaMED shall not participate in the design or development by any party other than Aastrom of any cell expansion system which uses any technologies which are similar to one or more of the significant proprietary technologies utilized by the Instrument; provided, however, SeaMED may continue to perform its existing customer agreements which are in place as of the date hereof, and SeaMED may manufacture products that have cell culture applications so long as said products are not competitive with Aastrom's Instrument and so long as said products do not use substantially identical subassemblies; (b) During the term of this Agreement, and during the term of any manufacturing agreement between SeaMED and Aastrom, SeaMED shall not manufacture, assemble, produce, ship or in any other way make available for use or distribution, by any party other than Aastrom, any cell expansion system which uses any technologies which are similar to one or more of the significant proprietary technologies utilized by the Instrument.
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No Similar Product. 6 8.3 Disclosure...................................................... 6
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No Similar Product. During the term of this Agreement, (i) ------------------ Company shall not manufacture, assemble, produce, ship or in any other way make available for use or distribution, by any party other than Aastrom, any product or system which is functionally similar to the Product, and (ii) Company shall not in any way accept engagement with, or render service to, any other individual, firm or corporation, as a consultant, instructor, expert, designer, manufacturer or producer, or act in any other capacity, which engagement or rendition of services involves the development or production of any product or system which is functionally similar to the Product. As used in this section, a hematopoietic stem cell expansion product or system is not "functionally --- similar" if it utilizes distinctly different methods or distinctly different disposable components than are utilized for Aastrom's Product.
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No Similar Product. During the term of this Agreement, and during the term of any similar manufacturing agreement between Supplier and Aastrom, and for a period of three (3) years thereafter, Supplier shall not (a) participate in the design or development by any party other than Aastrom of any cell production system which uses any technologies which are similar to one or more of the significant proprietary technologies utilized by the Instruments; provided, however, Supplier may continue to perform its existing customer agreements which were in place as of the effective date of this Agreement, and Supplier may manufacture products that have cell culture applications so long as said products are not competitive with Aastrom's Instruments and so long as said products do not use substantially identical subassemblies; or (b) manufacture, assemble, produce, ship or in any other way make available for use or distribution, by any party other than Aastrom, any cell production system which uses any technologies which are similar to one or more of the significant proprietary technologies used by the Instruments.
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Related to No Similar Product

  • Product The term “

  • Combination Product The term “

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • 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.

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

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • 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.

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

  • Company Products Schedule 2.10(d) of the Company Disclosure Letter lists all Company Products, and for each such product or feature (and each version thereof) identifying its release date.

  • Manufacture (a) Manufacturer shall only manufacture the specific number of Products as requested by Company and at no time shall manufacture excess goods or overruns. Manufacturer shall not sell any Products bearing the Trademarks to any third parties without the express written consent of Company.

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