Rights in Connection with New Products. (a) During the Term of this Agreement, Lenders Protection agrees that prior to the time that it begins to commercially offer New Products, it may provide American National, and may provide Additional Carriers of its selection, with written notice thereof (which such notice shall include generally: (i) the description of the New Product, (ii) the market to be served, and (iii) the manner in which Lenders Protection is willing to permit American National and/or the Additional Carriers to participate therein) (which terms and matters related to the New Product shall, except as otherwise provided in Article 10, be deemed to be Confidential Information of Lenders Protection for purposes of this Agreement) whereupon Lenders Protection shall negotiate, in good faith, for a period not to exceed [***], with American National and the Additional Carriers, if so notified, to determine which of such parties, if any, shall be selected to participate in connection with such New Products and the terms and conditions thereof. If Lenders Protection selects American National, which such selection is at the sole and absolute discretion of Lenders Protection, then Lenders Protection shall negotiate reasonably and in good faith with American National (and any other party selected by Lenders Protection) to enter into an agreement reflecting such terms and conditions. For purposes of establishing absolute clarity hereto, American National acknowledges that, except as provided in this Section 3.2, Lenders Protection has not provided American National any rights of participation in connection with the commercialization of New Products. Lenders Protection acknowledges that American National may currently or in the future be developing new product ideas or receiving new product ideas from others, that are similar to a New Product. Accordingly, nothing in this Agreement will prohibit American National from developing or having developed for its products, concepts, systems or technologies that are similar to or compete with New Products provided that American National does not violate any of its obligations under this Agreement (or any other agreement between the Parties) in connection therewith.
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Rights in Connection with New Products. (a) During the Term of this AgreementNon-Compete Period, Lenders Protection agrees that prior to the time that it begins to commercially offer New Products, it may shall provide American NationalXXX, and may provide Additional Carriers of its selection, with written notice thereof (which such notice shall include generally: generally (i) the description of the New Product, (ii) the market to be served, served and (iii) the manner in which Lenders Protection is willing to permit American National XXX and/or the Additional Carriers to participate therein) (which terms and matters related to the New Product shall, except as otherwise provided in Article 10, be deemed to be Confidential Information of Lenders Protection for purposes of this Agreement) whereupon Lenders Protection shall negotiate, in good faith, for a period not to exceed [***], with American National XXX and the Additional Carriers, if so notified, to determine which of such parties, if any, shall be selected to participate in connection with such New Products and the terms and conditions thereof. If XXX notifies Lenders Protection selects American Nationalin writing of its willingness to participate in connection with such New Products and the terms and conditions thereof and either (y) no Additional Carrier notifies Lenders Protection in writing of its willingness to participate in connection with such New Products, which such selection is at or (z) the sole terms and absolute discretion of conditions proposed by XXX are substantially similar to or superior to the terms and conditions proposed by the Additional Carrier(s) (as determined by Lenders Protection), then Lenders Protection shall negotiate reasonably and in good faith with American National (and any other party selected by Lenders Protection) XXX to enter into an agreement reflecting such terms and conditionsconditions which will, unless otherwise agreed by the Parties, provide XXX the right to provide Policies (or other appropriate forms of insurance) for not less than [***] of such New Products. For purposes of establishing absolute clarity hereto, American National XXX acknowledges that, except as provided in this Section 3.23.3, Lenders Protection has not provided American National XXX any rights of participation in connection with the Table of Contents CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. commercialization of New Products. Lenders Protection acknowledges that American National XXX may currently or in the future be developing new product products ideas or receiving new product ideas from others, that are similar to a New Product. Accordingly, nothing in this Agreement Amendment will prohibit American National XXX from developing or having developed for its products, concepts, systems or technologies that are similar to or compete with New Products provided that American National XXX does not violate any of its obligations under this Agreement Amendment (or any other agreement between the Parties) in connection therewith.
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Rights in Connection with New Products. (a) During the Term of this AgreementNon-Compete Period, Lenders Protection agrees that prior to the time that it begins to commercially offer New Products, it may provide American NationalCNA, and may provide Additional Carriers of its selection, with written notice thereof (which such notice shall include generally: generally (i) the description of the New Product, (ii) the market to be served, served and (iii) the manner in which Lenders Protection is willing to permit American National CNA and/or the Additional Carriers to participate therein) (which terms and matters related to the New Product shall, except as otherwise provided in Article 10, be deemed to be Confidential Information of Lenders Protection for purposes of this Agreement) whereupon Lenders Protection shall negotiate, in good faith, for a period not to exceed [***], with American National CNA and the Additional Carriers, if so notified, to determine which of such parties, if any, shall be selected to participate in connection with such New Products and the terms and conditions thereof. If Lenders Protection selects American NationalCNA, which such selection is at the sole and absolute discretion of Lenders Protection, then Lenders Protection shall negotiate reasonably and in good faith with American National CNA (and any other party selected by Lenders Protection) to enter into an agreement reflecting such terms and conditions. For purposes of establishing absolute clarity hereto, American National CNA acknowledges that, except as provided in this Section 3.2, Lenders Protection has not provided American National CNA any rights of participation in connection with the commercialization of New Products. Lenders Protection acknowledges that American National CNA may currently or in the future be developing new product ideas or receiving new product ideas from others, that are similar to a New Product. Table of Contents CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. Accordingly, nothing in this Agreement will prohibit American National CNA from developing or having developed for its products, concepts, systems or technologies that are similar to or compete with New Products provided that American National CNA does not violate any of its obligations under this Agreement (or any other agreement between the Parties) in connection therewith.
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Rights in Connection with New Products. (a) During the Term of this AgreementNon-Compete Period, Lenders Protection agrees that prior to the time that it begins to commercially offer New Products, it may provide American NationalArch, and may provide Additional Carriers of its selection, selection with written notice thereof (which such notice shall include generally: generally (i) the description of the New Product, (ii) the market to be served, served and (iii) the manner in which Lenders Protection is willing to permit American National Arch and/or the Additional Carriers to participate therein) (which terms and matters related to the New Product shall, except as otherwise provided in Article 10, be deemed to be Confidential Information of Lenders Protection for purposes of this Agreement) whereupon Lenders Protection shall negotiate, in good faith, for a period not to exceed [***], with American National Arch and the Additional Carriers, if so notified, to determine which of such parties, if any, shall be selected to participate in connection with such New Products and the terms and conditions thereof. If Lenders Protection selects American NationalArch, which such selection is at the sole and absolute discretion of Lenders Protection, then Lenders Protection shall negotiate reasonably and in good faith with American National Arch (and any other party selected by Lenders Protection) to enter into an agreement reflecting such terms and conditions. For purposes of establishing absolute clarity hereto, American National Arch acknowledges that, except as provided in this Section 3.2, Lenders Protection has not provided American National Arch any rights of participation in connection with the commercialization of New new Products. Lenders Protection acknowledges that American National Arch may currently or in the future be developing new product ideas or receiving new product ideas from others, others that are similar to a New Product. Accordingly, nothing in this Agreement will prohibit American National Arch from developing or having developed for its products, concepts, systems or technologies that are similar to or compete with new Products provided that Arch does not violate any of its obligations under this Agreement (or any other agreement between the Parties) in connection therewith. Arch may, at its option and in its discretion, provide Lenders Protection with written notice in the event Arch desires to begin to commercially offer Arch New Products (which such notice would include generally (i) the description of Arch New Product, (ii) the market to be served and (iii) the manner in which Lenders Protection could participate therein) (which terms and matters related to Arch New Product shall, except as otherwise provided in Article 10, be deemed to be Confidential Information of Arch for purposes of this Agreement) whereupon the Parties may negotiate, in good faith, for a period not to exceed [***], to determine whether Lenders Protection desires to participate in connection with such Arch New Products and the terms and conditions thereof. For purposes of establishing absolute clarity hereto, Lenders Protection acknowledges that, except as provided herein, Arch shall be under no obligation to allow Lenders Protection to participate in the commercialization of any Arch New Products. Arch acknowledges that Lenders Protection may currently or in the future be developing new product ideas or receiving new product ideas from others that are similar to an Arch New Product. Accordingly, nothing in this Agreement will prohibit Lenders Protection from developing or having developed for its products, concepts, systems or technologies that are similar to or compete with Arch New Products provided that American National Lenders Protection does not violate any of its obligations under this Agreement (or any other agreement between the Parties) in connection therewith.
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