RETAINED RIGHTS OF SELLER. Notwithstanding the exclusivity requirements in section 1(b) above, Seller shall have the right to sell engines through its own Service Distributor and Dealer Network for any application based on repower and service promulgated prices. Buyer acknowledges that the provisions of this paragraph may or will benefit Buyer in that Seller's service network, which services Buyer's customers, is thereby further supported. Nothing in this Agreement will be construed to prevent Seller from selling its engines, including the Engines, to any other purchaser, original equipment manufacturer or otherwise, and at any price it elects, so long as such engines and Engines are not for use with welders, pressure washers or Consumer Portable Generators. Seller retains the right to use and sell GN engines to other air-cooled generator applications, including, but not limited to, R.V., Industrial Mobile, Telecom, Home Stand-By or any other type of residential, commercial or industrial application. 2.
RETAINED RIGHTS OF SELLER. Seller hereby retains the right to, under the Seller Intellectual Property and the Roche Technology (as defined in the Roche Collaboration Agreement), itself or through its Affiliates, (sub)licensees or subcontractors, (A) Manufacture Licensed Products anywhere in the world for (i) Exploitation by Purchaser, its Affiliates and their respective Licensees or subcontractors in the Territory, and (ii) Exploitation by Seller, its Affiliates, and their respective (sub)licensees anywhere in the world outside of the Territory, or the Territory to perform activities under the Transition Agreement [***], (B) [***], and (C) perform its and Roche’s obligations under this Agreement, the Transition Agreement, [***], and the CStone Agreements, either itself or through its Affiliates, (sub)licensees (including without limitation, Roche) or subcontractors, including for purposes of performing activities under the Ancillary Agreements or a global safety data exchange agreement related to Licensed Products.
RETAINED RIGHTS OF SELLER. Nothing in this Agreement will be construed to prevent Seller from using the Products or from selling them to any other purchaser, original equipment manufacturer or otherwise, and at any price it elects. Seller retains the right to use and sell the Products to other air-cooled generator applications, including, but not limited to, R.V., Industrial Mobile, Telecom, Home Stand-By or any other type of residential, commercial or industrial application.
