Preferred Partner. In consideration for Technical Support to be provided by Schering under Section 3.3, Migenix hereby agrees that Schering shall be its “Preferred Partner” for the further development and commercialization of Celgosivir for the treatment of HCV on the terms set out in this Section 4.5.
(a) Upon the first occurrence of a given Results Event, Migenix shall provide Schering with a copy of the corresponding summary or executive summary of results (the “Results”) promptly after such Results become available to Migenix. All Results provided to Schering pursuant to this Section 4.5(a) will be provided in electronic format reasonably acceptable to both Schering and Migenix, provided that such format is available to Migenix without additional expense.
(b) Migenix agrees that, in consideration of Schering’s status as a Preferred Partner, during each [****] (each an “Option Period”):
(i) Schering shall have the right (exercisable in its sole discretion) to notify Migenix that it is interested in obtaining rights to rights to distribute, market, promote, offer for sale, sell or otherwise commercialize Celgosivir or the Combination Therapy in the Territory for the treatment of HCV (the “Rights”); and
(ii) if the Option Period is in respect of either the interim or final Results of the Clinical Trial, Migenix shall provide third parties with access to only those elements of the corresponding Results which have been publicly disclosed pursuant to Section 6. If Schering does not provide notice to Migenix in accordance with Section 4.5(b)(i) during the applicable Option Period, then upon expiration of such Option Period, Schering’s right to exercise the Rights as they relate to such Option Period shall expire.
(c) If, during any Option Period, Schering notifies Migenix pursuant to Section 4.5(b)(i) that it is interested in obtaining Rights, then for a period [****] (the “Negotiation Period”), then during the Negotiation Period, Schering shall have the right (upon request and at Schering’s sole expense) to conduct a reasonable due diligence review of Celgosivir (including without limitation any products or therapies being developed by Migenix containing or utilizing Celgosivir and pegylated alpha-interferon and/or ribavirin). Migenix shall upon request provide Schering with reasonable access to Migenix’s facilities, records and/or personnel (during normal business hours) to enable Schering to complete its due diligence review. In addition, the following provisions shall apply...
Preferred Partner. Subject to the terms and conditions of this Agreement, Hartford shall be the preferred partner of Wellington with respect to Covered Funds. Subject to the terms and conditions of this Agreement, Hartford shall, and shall cause Hartford Investment Financial Services, LLC, Hartford Securities Distribution Company, Inc., Hartford Life Distributors, LLC and any other registered broker-dealer Affiliate who serves as a principal underwriter for a Hartford Fund or is primarily engaged in wholesale distribution of the Hartford Funds to, use its good faith and commercially reasonable efforts to promote the distribution in the U.S. broker-sold mutual fund market of the Hartford Funds for which Wellington acts as subadviser.
Preferred Partner. During the Term, Caliber shall not offer, develop, ----------------- or assist in the development of any Competitive Course for or in conjunction with the following systems integration or telecommunications competitors of MCIS, including their affiliates: Electronic Data Systems Sprint AT&T Xxxxxxxx Consulting IBM/ISSC/ISM CSC
Preferred Partner. Lilly will be considered Emisphere's ----------------- preferred partner for development of delivery systems for therapeutic proteins for which Emisphere, on its own, is developing alternate delivery routes.
Preferred Partner. 2.1 In consideration of the minimum commitments set forth in section 6.2 and so long as MCP complies in all material respects with all the terms and conditions of this Agreement, Caliber will consider MCP a Preferred Partner and shall not *
Preferred Partner. The term Preferred Partner as used herein includes and subcontractors that does not carry a trade license, other subcontractors employed by the Preferred Partner, their employees, agents, and representatives. The Preferred Partner understands that references are occasionally made in specification books, drawings, or other documents which refer to the Preferred Partner as a contractor or subcontractor. The uses of any such terms are to be interpreted so as to include the Preferred Partner if the subcontractor does not carry an applicable trade license.
Preferred Partner. 2.1 In consideration of the minimum commitments set forth in section 6.2 and so long as MCP complies in all material respects with all the terms and conditions of this Agreement, Caliber will consider MCP a Preferred Partner and shall not /*/. MCP's IT training business shall mean those IT training courses developed by MCP for delivery in Caliber Learning Centers.
Preferred Partner. Operator will become the preferred National Web ----------------- Site partner of the Data Content Provider. Data Content Provider may operate their own site and can have local partnership sites. If a local web site links to or provides Data Content Providers' listing information to another National Web Site then Data Content Provider must terminate those relationships within sixty (60) days.
Preferred Partner. Thirdspace shall, whenever possible, present Concurrent as Thirdspace's preferred partner for video server hardware products. Subject to successful completion of the Integration Concurrent shall, wherever possible, present Thirdspace as Concurrent's preferred partner for core interactive television applications for DSL network delivery opportunities and the Parties will discuss and use all reasonable endeavours to agree whether or not Thirdspace should be Concurrent's preferred partner for video server operating systems in DSL network delivery opportunities. Further, the Parties shall use all reasonable endeavours to complete the Integration in a manner that results in a Product and/or an Integration that is superior to that currently available and optimises the functionality and productivity of the Parties' respective Products. The parties intend that over the period of this Agreement they will collectively work towards and seek to exploit opportunities to market and sell the integrated Thirdspace Products and Concurrent Products in the cable, DSL and other network environments.
Preferred Partner webMethods shall designate EDS as it's sole Preferred Partner for Ariba Supplier Enablement. "Preferred Partner" means that EDS is the only company webMethods will actively promote, provide sales leads to or recommend for implementation of Ariba Supplier Enablement. The service implementation packages for Ariba Supplier Enablement developed and offered for sale by EDS will be considered by webMethods to be the de facto standard therefore and shall be actively promoted by wedMethods as such. Notwithstanding the forgoing, the Parties agree that webMethods may refer prospective customers to other providers if such prospective customers expressly require the services of an alternative to EDS.
