Rental/Placement/Evaluation Agreement Sample Clauses

Rental/Placement/Evaluation Agreement. Novadaq shall supply a Device to a Customer (for Device installation orders submitted by LifeCell in accordance with Section 7.4(b)) once the Customer has signed the appropriate form of Customer rental, placement, or evaluation agreement, as applicable, with LifeCell. Customer’s use of the Devices shall be subject to the terms and conditions set forth in the Customer rental, placement, or evaluation agreement, as applicable, which LifeCell shall endeavor to have included a covenant from the Customers that Customers shall only make use of the Devices within the Field. The Customer rental, placement, and evaluation agreements shall be at least as protective of Novadaq as those approved forms set forth in Exhibit A or as may otherwise be mutually agreed to by the Parties. Should a Customer insist on using a rental, placement, or evaluation agreement that differs from any approved form of rental, placement, or evaluation agreement, LifeCell shall endeavor to have such agreement: (i) state that title to the Device will remain at all times vested in Novadaq, (ii) include reasonable software license language or Novadaq’s standard software rider, and (iii) make Novadaq a third party beneficiary to such agreement. Additionally, LifeCell will obtain for Novadaq’s benefit any indemnification protection for claims caused by customers, warranty disclaimers and limitations on liability that LifeCell obtains for its own benefit.
Sample 1
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Rental/Placement/Evaluation Agreement. Novadaq shall supply a Device to a Customer (for Device installation orders submitted by KCI US in accordance with Section 7.4(b)) once the Customer has signed the appropriate form of Customer rental, placement, or evaluation agreement, as applicable, with KCI US. Customer’s use of the Devices shall be subject to the terms and conditions set forth in the Customer rental, placement, or evaluation agreement, as applicable, which KCI US shall endeavor to have included a covenant from the Customers that Customers shall only make use of the Devices within the Field. The Customer rental, placement, and evaluation agreements shall be at least as protective of Novadaq as any approved forms agreed upon pursuant to Exhibit A or as may otherwise be mutually agreed to by the Parties. Should a Customer insist on using a rental, placement, or evaluation agreement that differs from any approved form of rental, placement, or evaluation agreement, KCI US shall endeavor to have such agreement: (i) state that title to the Device will remain at all times vested in Novadaq, (ii) include reasonable software license language or Novadaq’s standard software rider, and (iii) make Novadaq a third party beneficiary to such agreement. Additionally, KCI US will obtain for Novadaq’s benefit any indemnification protection for claims caused by customers, warranty disclaimers and limitations on liability that KCI US obtains for its own benefit.
Sample 1

Related to Rental/Placement/Evaluation Agreement

  • Arrangement Agreement This Plan of Arrangement is made pursuant to the Arrangement Agreement.

  • Contribution Agreement The Agent shall have received an executed counterpart of the Contribution Agreement.

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of April 29, 2010 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • Lock-Up Agreement The Underwriters shall have received all of the Lock-Up Agreements referenced in Section 4 and the Lock-Up Agreements shall remain in full force and effect.

  • Investment Agreement AUGUST.2017 7

  • Lock-Up Period; Agreement In connection with the initial public offering of the Company’s securities and upon request of the Company or the underwriters managing such offering of the Company’s securities, each Holder agrees not to sell, make any short sale of, loan, grant any option for the purchase of, or otherwise dispose of any securities of the Company, however or whenever acquired (other than those included in the registration) without the prior written consent of the Company or such underwriters, as the case may be, for such period of time (not to exceed 180 days but subject to such extension or extensions as may be required by the underwriters in order to publish research reports while complying with the Rule 2711 of the National Association of Securities Dealers, Inc.) from the effective date of such registration statement as may be requested by the Company or such managing underwriters and to execute an agreement reflecting the foregoing as may be requested by the underwriters at the time of the Company’s initial public offering.

  • The Sales Agreement This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

  • Co-Sale Agreement The Co-Sale Agreement substantially in the form attached hereto as Exhibit D shall have been executed and delivered by the parties thereto.

  • Xxxxxx Agreement Xxxx Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement, written or oral, with respect thereto.

  • INVESTMENT MANAGEMENT AGREEMENT Separate written agreements entered into (i) by the Manager and the Master Fund and (ii) by the Manager and the Company, pursuant to which the Manager provides investment management services to the Master Fund.

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