Release from Exclusivity Sample Clauses

Release from Exclusivity. Operator’s exclusive rights set forth in Section 2.1(a) with respect to the production, sale and transportation of On-Ranch Water shall not apply to the production, sale and transportation of any volume of On-Ranch Water that Operator cannot, or elects not to, supply on Commercially Reasonable Terms, and any such volume of On-Ranch Water shall automatically be released from such exclusivity in any such event. With respect to any such volume of On-Ranch Water released from exclusivity pursuant to the prior sentence, Company or its Affiliates may permit or consent to (in each case, including the granting of reasonable associated incremental surface rights) the affected volumes of On-Ranch Water being produced from and/or transported across East Stateline Ranch for use by any Third Party in oil and gas drilling, exploration, and completion activities on East Stateline Ranch; [***]. For the avoidance of doubt, the rejection by a Third Party of an offer by Operator to supply any volume of On-Ranch Water on Commercially Reasonable Terms shall not release such volume from Operator’s exclusive rights in Section 2.1(a). [***]. Company shall (i) promptly notify Operator in writing of any such agreements with Third Parties and (ii) require such Third Party to accurately meter such On-Ranch Water volumes. For the further avoidance of doubt, no release of Operator’s exclusivity rights with respect to the production, sale and transportation of On-Ranch Water shall affect Operator’s exclusive right to produce Fresh Water on East Stateline Ranch for use in oil and gas drilling, exploration, and completion activities that are located off of East Stateline Ranch. Terms offered or proposed by Operator shall be deemed to be “Commercially Reasonable Terms” if they are commercially reasonable rates and terms at the time (taking into account then-prevailing market rates and terms for the production, sale, and transportation of Fresh Water on East Stateline Ranch, available supply of, and demand for, Fresh Water in the relevant area, and all other relevant factors, including transportation expenses, construction expenses for additional Facilities and drilling and completion expenses for additional Fresh Water Xxxxx, royalties, throughput fees and surface damages payable to Company or its Affiliates and Third Parties, if any).
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Release from Exclusivity. Upon Company's payment of any amounts due and owing in accordance with Section 7.4, Company shall be released from the exclusivity provisions set forth in Section 3.2 with respect to the applicable Prospective Acquisitions.
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Release from Exclusivity. Notwithstanding any provision to the contrary set forth in this Agreement, if this Agreement is terminated for one or more, but not all, Licensed Products, then Section 9.12 (Exclusivity) will not apply to ITEOS’s Development, Manufacture, or Commercialization of such terminated Licensed Products following the effective date of termination.
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Related to Release from Exclusivity

  • Non-Exclusivity; Survival of Rights; Subrogation (a) The rights of indemnification and advance of Expenses as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the charter or Bylaws of the Company, any agreement or a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directors, or otherwise. Unless consented to in writing by Indemnitee, no amendment, alteration or repeal of the charter or Bylaws of the Company, this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in Indemnitee’s Corporate Status prior to such amendment, alteration or repeal, regardless of whether a claim with respect to such action or inaction is raised prior or subsequent to such amendment, alteration or repeal. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right or remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion of any right or remedy hereunder, or otherwise, shall not prohibit the concurrent assertion or employment of any other right or remedy.

  • NON-EXCLUSIVITY; SURVIVAL OF RIGHTS; INSURANCE; SUBROGATION (a) The rights of Indemnitee as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Charter, the Bylaws, any agreement, a vote of stockholders or a resolution of directors, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any Proceeding (regardless of when such Proceeding is first threatened, commenced or completed) or claim, issue or matter therein arising out of, or related to, any action taken or omitted by such Indemnitee in Indemnitee’s Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in applicable law, whether by statute or judicial decision, permits greater indemnification, hold harmless or exoneration rights or advancement of Expenses than would be afforded currently under the Charter, the Bylaws or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

  • Non-Exclusivity of Services The Manager is free to act for its own account and to provide investment management services to others. The Fund acknowledges that the Manager and its officers and employees, and the Manager's other funds, may at any time have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired or disposed of under this Agreement for the Fund. Neither the Manager nor any of its officers or employees shall have any obligation to effect a transaction under this Agreement simply because such a transaction is effected for his or its own account or for the account of another fund. Fund agrees that the Manager may refrain from providing any advice or services concerning securities of companies for which any officers, directors, partners or employees of the Manager or any of the Manager's affiliates act as financial adviser, investment manager or in any capacity that the Manager deems confidential, unless the Manager determines in its sole discretion that it may appropriately do so. The Fund appreciates that, for good commercial and legal reasons, material nonpublic information which becomes available to affiliates of the Manager through these relationships cannot be passed on to Fund.

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