Sale of Competitive Products Sample Clauses

Sale of Competitive Products. 61 20. Termination .............................................................61 21. Rights and Obligations on Termination ....................................63 22.
Sample 1
AutoNDA by SimpleDocs
Sale of Competitive Products. Unless specifically authorised in writing so to do by the Company, the Distributor will not, directly or indirectly, by itself or through its directors, officers employees, agents or any person in which the Distributor holds any issued share capital or controls whether directly or indirectly the composition of its board of directors or any of its voting power, sell or distribute any products in the Territory or procure the sale or distribution of any products for sale in the Territory which are in direct competition with the Products. If the Distributor proposes to, sell any other products (which are not in direct competition), the Distributor shall give the Company at least 60 days prior written notice of its intention to sell such products. If the Company believes that the products are in direct competition with
Sample 1
Sale of Competitive Products. Representative hereby agrees that it shall not engage, either within or outside of the Territory, in the marketing, sale and/or distribution of products which are competitive with the Products during the term of this Agreement. Advertising,Sales and Promotional Material. ------------------------------------------- In connection with the sale, promotion or advertising of the Products, Representative shall use and distribute only such advertising or promotional material supplied by the Company or approved in writing by the Company. All such material not supplied by or purchased from Company shall be submitted to Company prior to its use or dissemination. Company may, but is not required, from time to time make available for sale to Representative promotional material and products at such prices as may be from time to time established by Company, provided however, that Representative shall be under no obligation to purchase such promotional materials. Sales: Collections. -------------------
Sample 1
Sale of Competitive Products. In consideration of, and as a continuing condition of, the grant and retention of the rights granted under Section 4.1 to the Distributor, the Distributor and its Affiliates shall not import, sell and/or distribute in the Territory any Competitive Products during the Term.
Sample 1
Sale of Competitive Products. Nothing in this Contract shall prevent Jobber from purchasing and reselling the Products of Amoco's competitors. In the event that Jobber does purchase and resell competitive-brand Products, it shall comply with the applicable terms and conditions of this Contract and all applicable guidelines, policies, procedures, requirements, specifications and standards issued by Amoco, as amended from time to time, including Amoco's Policy and Dealer and Jobber Guidelines for Proper Handling of Non-Amoco Motor Fuels.
Sample 1
Sale of Competitive Products. Unless specifically authorized in writing so to do by the Company, the Distributor will not, directly or indirectly, by itself or through its directors, officers employees, agents or any person in which the Distributor holds any issued share capital or controls whether directly or indirectly the composition of its board of directors or any of its voting power, sell or distribute any products in the Territory or procure the sale or distribution of any products for sale in the Territory which are in direct competition with the Products. The Distributor commits, in these same conditions, not to sell any additional apparel Brand within the 12 (twelve) months of signature of this Agreement.
Sample 1
Sale of Competitive Products. Unless specifically authorized in writing so to do by the Company, the Distributor will not, directly or indirectly, by itself or through its directors, officers employees, agents or any person in which the Distributor holds any issued share capital or controls whether directly or indirectly the composition of its board of directors or any of its voting power, sell or distribute any products in the Territory or procure the sale or distribution of any products for sale in the Territory which are in direct competition with the Products.
Sample 1
AutoNDA by SimpleDocs
Sale of Competitive Products. Except as agreed by the parties, Enraf shall not sell any goods other than supplies (like installation materials, materials used for repairs and spareparts) that are in direct competition with FCI's Products.
Sample 1
Sale of Competitive Products. Reseller acknowledges and warrants to ------------------------------- Gateway that the list of products (and their manufacturers) as set forth in Exhibit C attached hereto is the complete list of all computer-related products that Reseller (or any of its Affiliates) manufactures, assembles, purchases, markets, distributes, sells, leases or licenses to end-users. Reseller shall notify Gateway in writing prior to adding any new computer-related products to its manufacturing, assembly, purchasing, marketing, distribution, sale, leasing or licensing operations that are similar to or competitive with any Gateway Products.
Sample 1

Related to Sale of Competitive Products

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • BY THE COMPETITIVE SUPPLIER As a material inducement to entering into this ESA, the Competitive Supplier hereby represents and warrants to the Town as of the Effective Date of this ESA as follows: a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary for it to perform its obligations under this ESA; b) it has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; c) the execution, delivery and performance of this ESA are within its powers, have been duly authorized by all necessary action and do not violate any of the terms or conditions in its governing documents or any contract to which it is a party or any Governmental Rule applicable to it; d) subject to the conditions set forth in Article 2.4, this ESA constitutes a legal, valid and binding obligation of the Competitive Supplier enforceable against it in accordance with its terms, and the Competitive Supplier has all rights such that it can and will perform its obligations to the Town in conformance with the terms and conditions of this ESA, subject to bankruptcy, insolvency, reorganization and other laws affecting creditor’s rights generally and general principles of equity; e) no Bankruptcy is pending against it or to its knowledge threatened against it; f) none of the documents or other written information furnished by or on behalf of Competitive Supplier to the Town pursuant to this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and g) all information furnished by Competitive Supplier in response to the Request for Proposals for competitive electric supply services is true and accurate.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Competitive Business “Competitive Business” shall mean an enterprise that is in the business of offering banking products and/or services, which services and/or products are similar or substantially identical to those offered by the Bank during Executive’s employment with the Bank.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • Net Sales The term “

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Generic Competition If a Licensed Product is sold in a country where a product that is an AB Rated Product with respect to such Licensed Product is sold or marketed by a Third Party pursuant to a regulatory approval for the commercial sale and marketing thereof for human therapeutic or prophylactic use in such country, then the royalty rate applicable under Section 5.2(f)(i) to Net Sales of such Licensed Product in such country shall be reduced to [*] percent ([*]%) of the rate originally stated therein (i.e., reduced to [*]% or [*]%, depending on worldwide Net Sales), effective with respect to all Net Sales of such Licensed Product in such country occurring on or after the first day of the first calendar month following the month during which such AB Rated Product is first sold in such country.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!