Restricted Products. COLLABORATOR will not be permitted, and Catapult undertakes that it will not allow any other Collaborator to produce or utilise in their process the following products in the Centre (unless prior agreement is sought from all collaborators by Catapult):
Restricted Products. Notwithstanding Section 10.1, if BMS or any of its Affiliates, either through its own efforts or by acquisition, obtains ownership of or a license to, or is acquired by or otherwise merges with an entity that owns or has a license to, a Competing Product that is in clinical development, in all such cases that would result in a violation of Section 10.1 above with respect to a particular Region (each such Competing Product that would lead to such a violation being a “Restricted Product”), then BMS or its Affiliate shall promptly notify BN in writing and elect one of the following actions:
(a) divest itself of such Restricted Product (if such Restricted Product is already being commercialized at the time of acquisition) in such Region and notify BN in writing of such divestiture, which divestiture may occur by an outright sale to a Third Party of all of BMS’s and its Affiliate’s rights to such Restricted Product or by an outlicense arrangement under which BMS has no continuing active involvement in the development or commercialization of such Restricted Product (for clarity, efforts in connection with (i) the receipt and audit of payments in respect of the Restricted Product, (ii) the maintenance, defense and enforcement of any applicable licensed patents, and (iii) the receipt of information to ensure compliance with the applicable agreement (including efforts to enforce or terminate same, or seek damages, for breach) shall not constitute continuing active involvement) (provided that such divestiture occurs within [***] after obtaining such ownership or license, or being acquired by or merging with an entity that has such ownership or license; provided further that BMS or its Affiliate shall have an additional [***] to effect such divestiture in the event that BMS or its Affiliate merged with an entity having such ownership or license and can demonstrate it has used commercially reasonable efforts, but has been unable, to effect such divestiture during the [***] after such merger);
(b) provide BN with notice of termination of this Agreement as to such Region pursuant to Section 12.2(a); or
(c) if the Parties can agree, within [***] after a product becomes a Restricted Product, on the terms (including compensation) for including the Restricted Product within this Agreement, agree that the Restricted Product shall be deemed a Product hereunder, including for purposes of Article 8 and BMS’s Diligent Efforts obligations under Sections 5.2(a) and 7.1.
Restricted Products. COLLABORATOR will not be permitted, and Catapult undertakes that it will not allow any Other Collaborator to produce or utilise in their process the following products in the Centre (unless prior agreement is sought from all collaborators by Catapult): • B Lactam Antibiotics • Other highly sensitising antibiotics • Pathogenic Organisms (Containment Level 3 or 4) • GMO 3 and above • Radiopharmaceuticals • Ectoparasiticides • Sources of ionising radiation (but excluding low energy laboratory scale X-irradiators which have been assessed and approved by Catapult)
Restricted Products. For safety or regulatory reasons, from time to time we may only accept orders for certain products from accredited customers that meet the training or other accreditation requirements we impose. You indemnify us for all losses arising out of your sale of such restricted product(s) to a retailer that does not meet all applicable training or accreditation requirements.
Restricted Products. Natura’s products are available to qualified healthcare practitioners and may be offered for sale online and on the open shelf in retail stores with the following restriction: Our products Artemis Plus and Phyto-Cyto will not be available for resale on any online site or on the open shelf. Under no circumstances may Distributor offer these products except through qualified health care practitioners observing appropriate prescription restrictions.
Restricted Products. Any products available for purchase pursuant to another agreement between the State and the product manufacturer/publisher (e.g., due to the State's participation in a NASPO-Valuepoint State Cooperative Agreement or some other agreement), may not be purchased hereunder by State Purchasers without prior approval from the State CIO/DII Commissioner. This restriction is not applicable to Additional Purchasers.
Restricted Products. (THIS PROVISION APPLIES TO NON-CALIFORNIA CUSTOMERS ONLY) Some DFH products are marked with the words, “Not for sale in California” or words of similar import (“Prop 65 Products”). QHP acknowledges and agrees that Prop 65 Products, if sold in California, would require a warning under California’s so called Proposition 65 (“Prop 65”). QHP acknowledges and agrees that it would not be practicable for DFH to label all Prop 65 products with a warning in that a substantial amount of its sales of such products would be to customers outside California. As QHP will be in a better position to know which products it would ship to California and, therefore, would require a warning, QHP agrees that it will not sell any Prop 65 Products to customers in California unless it provides a proper Prop 65 warning to those customers. Xxxxxxx Ecologics does offer Prop 65 labeled products for most of the DFH products requiring the Proposition 65 warning. A QHP who sells DFH products in violation of the foregoing agrees to indemnify and hold DFH harmless for any claims, liability or costs related to such sales, including reasonable attorneys’ fees and other court costs.
Restricted Products. In no event will CMI be required to sell any Restricted Products in any channels of trade other than the Industrial Channels of Trade after the later of six months after Closing and the date immediately prior to the date on which CMI is prohibited from making such sales in accordance with CMI’s agreements with SCJ. PROVIDED, HOWEVER, that CMI and Unilever understand that no sales referred to in clauses 5.16(A)(i) or (ii) shall be made except to the extent such sales are consistent with CMI’s agreements with SCJ. All sales of Products falling into either (i) or (ii) above are the “Ex-Agency Sales”.
Restricted Products. XxxxXxxxxx.xxx is family friendly. The following items are examples of items restricted from sale. They wil be refused. Alcohol, Tobacco, Drugs: Dangerous Items: Weapons, Hazardous Materials; Pornography and Mature Content; Items that Promote, Support or Glorify Violence or that Disparage any Group of People; or Political items supporting a particular political view. XxxxXxxxxx.xxx does not support the sale of resale products. Ex. CD’s, blankets or other items that were produced or once owned by others. Original Native products or services must be sold by the creator or designer and not by an intermediary. i.e. we do not take items from consignment shops or trading companies.
Restricted Products
