Non-Exclusive License/Excluded Customers’ Web Sites/Domestic and International Sample Clauses

Non-Exclusive License/Excluded Customers’ Web Sites/Domestic and International. The non-exclusive right and license to promote, advertise, merchandise, offer for sale, sell, and distribute all MacGregor-branded Products, through E-Commerce via web sites owned or operated by or on behalf of Excluded Customers in the Domestic Territory or the International Territory, provided, however, SSG will be required to fill orders under this paragraph 3.6 by drop shipments directly to the Excluded Customers’ web site purchasers except as otherwise provided in this paragraph. Except as otherwise provided in this paragraph, SSG agrees that it shall not fill orders under this paragraph 3.6 by shipment to a distribution center or provider used to stock or fulfill orders in Excluded Customers’ Brick and Mortar Retail Stores. If an Excluded Customer uses a distribution center or provider to exclusively stock or fill orders made via a web site owned or operated by or on behalf of the Excluded Customer (collectively, a “Qualifying Distribution Center”), SSG, with the prior authorization of MacMark and Equilink, may make shipments of MacGregor-branded Products to the Qualifying Distribution Center for the Excluded Customer to use to fill orders made via a web site owned or operated by or on behalf of the Excluded Customer. To obtain the authorization of MacMark and Equilink to ship MacGregor-branded Products to a Qualifying Distribution Center (the “Requested Authorization”), SSG shall provide MacMark and Equilink with written notice of: (i) the identity of the Excluded Customer; and, as applicable, (ii) either the identity and location of the provider or the location of the distribution center. Unless MacMark and Equilink provide written notice to SSG that they reject the Requested Authorization within ten (10) days of their receipt of the Requested Authorization, the Requested Authorization will be deemed approved. MacMark and Equilink shall not unreasonably withhold their approval and consent to the Requested Authorization provided that the identified distribution center or provider does not stock or fulfill orders in Excluded Customers’ Brick and Mortar Retail Stores. SSG agrees that it shall not knowingly sell or distribute MacGregor-branded Products to Excluded Customers to be offered for sale by Excluded Customers in their Brick and Mortar Retail Stores.
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Related to Non-Exclusive License/Excluded Customers’ Web Sites/Domestic and International

  • Non-Exclusive License Sponsor grants Institution and Principal Investigator a royalty free non-exclusive license, with no right to sublicense, to use Trial Data for internal research or educational purposes.

  • Non-exclusivity, Etc The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

  • Non-Exclusive Arrangement Nothing contained in these Terms shall be construed as conferring or granting an exclusive right or obligation upon either party to purchase or sell products or services under these terms. 21. FORCE MAJEURE Neither party shall be liable to the other for any delay or inability to perform its obligations under these terms or otherwise if such delay or inability arises from any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party which could not be avoided by the exercise of due care.

  • Non-Exclusive Services The services of the Adviser to the Trust are not deemed exclusive, and the Adviser shall be free to render similar services to others, to the extent that such service does not affect the Adviser’s ability to perform its duties and obligations hereunder.

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