Common use of Other Products Clause in Contracts

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. ITUNES may convert COMPANY Content into xxxxxx for sale on the Online Store under the terms of this Agreement xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. ITUNES may convert COMPANY Content into eMasters in any format using any encoder xxxxxx for sale on the Online Store under the terms of this Agreement xxxxxx so long as the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Other Products. During the Term, ViewRay may seek additional development services from Jastec with respect to new or modified versions of the Product embodying improvements and enhancements. If ITUNES at any time during the Term exercises its discretion under Section 3(bparties agree to work together to develop such new or modified versions of the Product then they shall do so pursuant to the terms of this Agreement but subject to their entering into a separate Attachment 1 describing the “Program” for the development of such new or modified version(s) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers of the Product and a separate Attachment 2 covering the pricing for such additional productswork for such new or modified version of the Product; such Attachment 1 and Attachment 2 to contain mutually acceptable terms. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. [*** *] Certain information on in this page document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted provisionsportions. Clips may IN WITNESS WHEREOF the parties have caused this Agreement to be xxxxxx. If Clips are not provided executed on their behalf by COMPANY, they may be created by ITUNES from the xxxxxx their duly authorized representatives intending it to take effect as an instrument under seal as of the applicable eMasterEffective Date. ITUNES may convert COMPANY Content into xxxxxx for sale on By: /s/ Xxxxxxx Xxxxxxxxx By: /s/ Xxxxx Xxxxxx Xxxxxxx Xxxxxxxxx, Chief Executive Officer Xxxxx Xxxxxx, Chief Executive Officer Japan Superconductor Technology, Inc. c/o General Technical Laboratory, Kobe Steel, Ltd. Takatsukadai 1-5-5, Nishi-ku Kobe, Hyogo Japan 651-2271 ViewRay Incorporated 2 Thermo Xxxxxx Xxx Xxxxxxx Xxxxxxx, XX 00000 Xxxxxx Xxxxxx of America Attachment 1 Product Specifications; Program Attachment 2 Pricing Attachment 3 ATP [to be supplied when approved by the Online Store under the terms of this Agreement xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. parties] [*** *] Certain information on in this page document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted provisionsportions. Clips may be xxxxxx or xxxxxxProduct Specifications; Program Specifications: see attached TECHNICAL SPECIFICATION FOR [***] Program: ViewRay requires the development of a Product as specified in the Specifications. Clips may be created by ITUNES from The manufacture of the applicable COMPANY Content. ITUNES may convert COMPANY Content Product is divided into eMasters and Format them for sale and delivery from the Online Store [***] phases as follows: xxxxxx[***] [***] [***] [***] [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx [***] during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. [***] *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx[***]. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx [***] of the applicable eMaster. ITUNES may convert COMPANY Content into xxxxxx eMasters [***] for sale on the Online Store under the terms of this Agreement xxxxxx [***] the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. [***] COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx [***]or xxxxxx[***] whichever is longer. Clips may be created by ITUNES from the applicable COMPANY Content. ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. ITUNES may convert COMPANY Content into xxxxxx for sale on the Online Store under the terms of this Agreement xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S 'S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect iTunes Connect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. ITUNES may convert COMPANY Content into xxxxxx for sale on the Online Store under the terms of this Agreement xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S 'S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect iTunes Connect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Other Products. 3.9.1 The Steering Committee shall engage in good faith discussions and attempt to reach mutual agreement on the development and production of Initial Product(s) other than the Initial Drug. Following the date the Steering Committee unanimously agrees on the applicable terms and conditions for such development and production, the parties shall enter into a supply agreement substantially on the terms and conditions contained in this Agreement with respect to such Initial Product(s) other than the Initial Drug. 3.9.2 With regard to potential Other Products, Halozyme hereby grants to Xxxxxx a first right of refusal (exercisable for six months from the date of written notice of such potential Other Product to Xxxxxx) to include any such product within the scope of the Other Product definition and subject to Section 3.9 of this Agreement. If ITUNES at any time during such six (6) month period, with respect to such a product, Xxxxxx notifies Halozyme in writing that it is exercising such right of first refusal and electing to treat such product as an Other Product pursuant to the terms of this Agreement and the Exclusive Distribution Agreement, then such product shall be an Other Product in accordance with this Agreement and with the Exclusive Distribution Agreement. If Xxxxxx does not provide such written notice and agree to treat such potential Other Product as an Other Product Agreement pursuant to the terms of this Agreement and the Exclusive Distribution Agreement during the Term exercises its discretion under Section 3(bapplicable six (6) to accept additional product configurationsmonth period, then ITUNES will make available one or more wholesale price tiers such product shall not be an Other Product and Xxxxxx shall have no rights under such Agreements with respect to such product. 3.9.3 Notwithstanding anything to the contrary herein, any supply agreement between the parties regarding the development and production of any Other Product shall provide (a) which party shall be responsible for the costs associated with the development, production, clinical trials, and regulatory approval of such additional products. If multiple tiers are made availableOther Product; provided, COMPANY however, that Xxxxxx and Halozyme shall have the right to designate any applicable tier recoup such costs from gross sales of such Other Product under, and in accordance with, the terms and conditions set forth in the Exclusive Distribution Agreement, and (b) the parties shall equally share all gross profits realized from the sales of such Other Product. Notwithstanding the foregoing, if the Steering Committee agrees in writing in advance, either party may from time-to-time be responsible for each product some such development, production, clinical trials, regulatory approval and marketing costs for the development of COMPANY Content delivered by COMPANY to ITUNES; new channels of distribution that require substantial additional investment provided that COMPANY may change such funding is reimbursed by the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything other party (subject to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect such party's right to the omitted provisions. Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. ITUNES may convert COMPANY Content into xxxxxx for sale on the Online Store recoup such amounts under the terms of this Agreement xxxxxx Exclusive Distribution Agreement) or is otherwise shared equally on a quarterly basis by the sound quality and integrityparties (in which case, attributable such party shall not have the right to recoup such format or encoder, of COMPANY’S eMasters having amounts under the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditionsExclusive Distribution Agreement), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.