Product and Territory Sample Clauses

Product and Territory. 产品及经销区域 1.1 Product. CASI hereby appoints the Distributor on an exclusive basis as its sole distributor for the sale of the Product set forth in Appendix II (hereinafter referred to as “the Product”) in the Territory of the People’s Republic of China (excluding Hong Kong, Taiwan and Macau) during the term of this Agreement. 产品。CASI特此指定经销商在本协议期限内作为其唯一独家经销商，在中华人民共和国（不包括香港特别行政区、澳门和台湾）经销区域内销售本协议附件二《产品清单》中列出的产品（以下简称“产品”）。 ​ 1.2 Territory. CASI is appointing the Distributor hereunder with respect to the sale of the Product to any purchasers whose principal place of business is located within the Territory. 经销区域。CASI 指定经销商将本协议产品销售给任何主要营业地点在经销区域内的采购方。 ​
Sample 1
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Product and Territory. 2.01 The Product is described in Exhibit A hereto, and includes any and all ancillary products relating thereto and any and all modifications, improvements, developments or replacements of or appertaining to such Product except that the Product shall in all events be therapeutic dosage forms only in finished product form only. The parties from time to time by mutual agreement in writing may add to such Exhibit any other existing or future product of Alteon. 2.02 The "Territory" shall consist of the countries specified in Exhibit B hereto and such other countries (if any) as the parties from time to time to time may add to such Exhibit by mutual agreement in writing. 2.03 Eryphile is not acquiring any rights to the Product outside the Territory. Accordingly, Eryphile shall not sell any Product to anyone outside the Territory, and shall not sell any Product to anyone in the Territory who either Eryphile or Alteon has reasonable grounds to believe might resell it outside the Territory or might permit any Product obtained by it to be transported outside the Territory. 2.04 Alteon is and will at all times be the owner of all rights to the Product, including registrations with governmental authorities in the Territory, except for the distribution rights granted pursuant to this Agreement.
Sample 1
Product and Territory. 2.1 SmartSources hereby appoints kTravel Solutions on an exclusive basis (subject to the obligations under Section 2.3 being fulfilled by kTravel Solutions) as its distributor to promote, market, sell, distribute the Product within the Field of Use during the term of this Agreement to any potential customer whose principal place of business is located anywhere in the world (the "Territory"). 2.2 kTravel Solutions shall not, without the prior written consent of SmartSources, sell, market or distribute any version of any Product other than the version SmartSources shall designate from time to time as its most current version. 2.3 kTravel Solutions shall use its commercially reasonable efforts to promote, market and sell the Product and to meet or cause to be met the market demand for the Products within the Territory. Without limiting the generality of the foregoing, kTravel Solutions shall cause there to be: (a) not less than Cdn $250,000.00 of Net Revenue generated on or before the first anniversary of the First Deployment Date; (b) not less than Cdn $1,200,000.00 of Net Revenue generated on or before the second anniversary of the First Deployment Date; (c) not less than Cdn $2,600,000.00 of Net Revenue generated on or before the third anniversary of the First Deployment Date; and (d) not less than Cdn $4,000,000.00 of Net Revenue generated on or before the fourth anniversary of the First Deployment Date. (collectively, the "Net Revenue Targets") For greater certainty, the Net Revenue Targets stated above are not cumulative amounts. If in any year the Net Revenue for that year exceeds the Net Revenue Target for that year, such excess shall be applied to the following year's Net Revenue Target. If kTravel Solutions is more than 20% below any of the Net Revenue Targets, subject to Section 2.4, it shall become a non-exclusive distributor under Section 2.1 above without affecting the other terms and conditions of this Agreement. 2.4 SmartSources shall make reasonable efforts to fulfill its installation, support and technical obligations under the kServer License Agreement and this Agreement to meet or cause to be met the market demand for the End User Customers secured by kTravel Solutions within the Territory. If SmartSources is unable to fulfil these obligations within a reasonable period of time consistent with market demand, the Net Revenue Targets under Section 2.3 shall be re-negotiated in good faith by the parties and amended by mutual agreement of the ...
Sample 1
Product and Territory. Philips grants DMS an exclusive right and license to (i) promote, market and sell (as a manufacturer's sales representative) the Products into the Territory, collectively as set forth in Exhibit A affixed hereto, and (ii) perform installation and warranty services, in accordance with Philips installation and service manuals, processes, and procedures, for the Products sold by Philips arising from Section 3 (iii), provided that, for the purpose of this license, Philips retains the right to revise such license, at any time and at Philips sole discretion, to enable Philips to have the exclusive right to sell Products directly to federal government customers in the Territory. Such revised license shall not apply to orders accepted prior to the date Philips provides DMS notice of such change. Notwithstanding the foregoing, Philips retains the right to perform installation or warranty service for Products sold by DMS or serviced by DMS, in the event a customer requests Philips to aide in resolving an installation or warranty service issue that cannot be promptly resolved between the customer and DMS and the customer has notified DMS and Philips that it demands Philips intervention in resolving such issues or DMS requests Philips to perform installation or warranty related services based on a customer's request. Philips shall invoice DMS the cost, as identified on Exhibit C, to perform such installation of warranty service. In exchange of receiving the above license to sell Philips Products, DMS agrees that it shall not sell any of Philips competitor's products or products which functionality is materially similar to the Products under Exhibit A to customers located in the Territory, without first securing Philips' written approval. Additionally, DMS shall use its best efforts to sell, distribute, install and provide warranty service for Philips Products in the Territory. In addition, DMS shall maintain a sales and service staff considered by Philips adequate in size, education, ability and experience to sell, distribute, install and provide warranty service for the Products. During the term of this Agreement and to the extent permitted by law, DMS shall have the first right (as between Philips and DMS) to provide post-warranty services on Philips Products in the Territory. Philips shall not directly sell service into the Schedule C territory as defined, unless such sales activity is expressly modified herein. Such right shall not alter or affect any post-warrant...
Sample 1
Product and Territory. Distributor is hereby appointed by Plasma-Therm, as the exclusive distributor of Plasma-Therm's standard, special versions and updated versions of its Complete 2800 ("2800") Inline Wafer Etch Systems, 790, Shuttelockr 700, 7000, and Versalocktm 700 series of plasma processing equipment (collectively, the "Products") for the country of Japan.
Sample 1
Product and Territory 
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Related to Product and 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.

  • 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.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • 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).

  • 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.

  • 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.

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

  • Tests and Preclinical and Clinical Trials The preclinical studies and clinical trials conducted by or, to the Company’s knowledge, on behalf of the Company, that are described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, as applicable, and are intended to be submitted to the U.S. Food and Drug Administration (the “FDA”) or other comparable government entities, were and, if still ongoing, are being conducted in all material respects in accordance with experimental protocols, procedures and controls pursuant to accepted professional scientific standards and all Authorizations and Applicable Laws, including, without limitation, current Good Clinical Practices and Good Laboratory Practices and any applicable rules and regulations of the jurisdiction in which such trials and studies are being conducted; the descriptions of the results of such studies and trials contained in the Registration Statement, the Pricing Disclosure Package and the Prospectus are, to the Company’s knowledge, accurate and complete in all material respects and fairly present the data derived from such studies and trials; except to the extent disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company is not aware of any studies or trials, the results of which the Company believes reasonably call into question the study or trial results described or referred to in the Registration Statement, the Pricing Disclosure Package and the Prospectus when viewed in the context in which such results are described and the clinical stage of development; and, except to the extent disclosed in the Registration Statement, the Pricing Disclosure Package or the Prospectus, the Company has not received any written notices or written correspondence from the FDA or any governmental entity requiring the termination or suspension of any preclinical studies or clinical trials conducted by or on behalf of the Company, other than ordinary course communications with respect to modifications in connection with the design and implementation of such trials, copies of which communications have been made available to you.

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