Sub-Distributors. MMLD may enter into sub-distributor’s agreements with persons (“Sub-Distributors”) pursuant to which MMLD delegates any or all of its functions hereunder to one or more Sub-Distributors provided that a majority of the Trust’s Board of Directors that are not interested persons of the Trust or MMLD approve the agreement. MMLD shall pay all compensation of any such Sub-Distributors and will have the right to terminate the services of any Sub-Distributor at any time on no more than 60 days’ notice.
Sub-Distributors. Distributor shall be entitled to appoint one or more Sub-Distributors to promote, advertise, market, distribute or sell the Product in the Territory in accordance with the terms and conditions of this Agreement; provided, however, that Distributor shall not utilize or engage any Competitor of Ampio as a Sub-Distributor, without the prior written consent of Ampio. Distributor shall remain jointly and severally liable under this Agreement for the actions and omissions of each of its Sub-Distributors, and Distributor shall be solely responsible for any commitments, obligations or liabilities made by any of its Sub-Distributors. Distributor hereby acknowledges that the appointment of any such Sub-Distributor does not reduce, impair or negatively affect its ability to perform each one of its obligations hereunder.
Sub-Distributors. Distributor shall have the right to appoint sub-distributors for the Products in the Territory; provided, however, that if Distributor appoints any sub-distributor (other than an ITOCHU Group entity) for the Products during the term of this Agreement, Distributor shall:
Sub-Distributors. Subject to the terms and conditions of this Agreement and the Daewoong Agreement, DISTRIBUTOR may promote and distribute the Agreement Products through one Confidential treatment has been requested for portions of this exhibit under 17 C.F.R. Sections §§ 200.80(b)(4) and 230.406. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. or more third-party distributors and/or resellers (including Affiliates of DISTRIBUTOR) (each a “Sub-Distributor”), provided that DISTRIBUTOR shall notify EVOLUS in writing of the name and address of each appointed Sub-Distributor prior to any such engagement. Prior to engaging any Sub-Distributor, DISTRIBUTOR shall enter into a written agreement with the Sub-Distributor that, at minimum, is consistent with terms and conditions of this Agreement. DISTRIBUTOR shall retain fully executed copies of each such agreement and provide one copy to EVOLUS for its records. Notwithstanding the appointment of any Sub-Distributors, DISTRIBUTOR shall remain fully responsible for the performance of all of its covenants and obligations hereunder. Any sales by EVOLUS of Agreement Products that are delivered to a Sub-Distributor or its customers pursuant to an order placed by DISTRIBUTOR upon EVOLUS, shall be understood to be a sale by EVOLUS to DISTRIBUTOR, and DISTRIBUTOR shall be solely responsible for payment for such Agreement Products. and such order shall be shipped directly by EVOLUS to the Sub-Distributor. DISTRIBUTOR shall be liable to and shall indemnify, defend and hold harmless EVOLUS for any act or omission of a Sub-Distributor that would constitute a breach of this Agreement if it had been committed by DISTRIBUTOR.
Sub-Distributors. Distributor shall provide INFRAREDX with written notice of any sub-distributor appointed by Distributor for the Products. Prior to allowing any such sub-distributor to distribute Products, Distributor shall enter into a written agreement with such sub-distributor that obligates such sub-distributor to be bound by the terms and conditions of this Agreement in the same manner as such terms and conditions apply to Distributor. Distributor shall be obligated and responsible for the performance of the obligations under this Agreement, regardless of whether any portion of such obligations is delegated to a sub-distributor.
Sub-Distributors. 8.1 In the event that Distributor determines that commercial exploitation of the Product within the Territory requires the appointment of sub-distributors through which the Product may be sold, then Distributor shall identify such sub-distributors to Skinvisible, and seek Skinvisible’s prior written approval of them, which shall not be unreasonably withheld, before appointing any such sub-distributors under this Agreement.
Sub-Distributors. DISTRIBUTOR shall have the right to appoint sub-distributors for the sale and promotion of the Products in the Territory. Additionally, DISTRIBUTOR shall have the right to enter into alliances and cooperative arrangements for the sale, promotion and distribution of the Product in the Territory.
Sub-Distributors. A listing of current sub-distributors engaged in the distribution and sale of the Company’s products under contract by the Distributor is included in Exhibit E. Distributor shall not, without the prior written consent of OMP, which consent shall not be unreasonably withheld, appoint any new sub-distributors to promote, market, distribute and sell the Products within the Territory. Distributor shall submit to OMP, for OMP’s prior approval, a copy of any written agreement, or the terms and conditions of any oral agreement, proposed to be entered into between Distributor and any proposed sub-distributor. Distributor shall require that each such agreement shall, without limitation: (i) terminate upon the expiration or earlier termination of this Agreement; (ii) be expressly subject to this Agreement and any restrictions regarding the Products, OMP technical and sales literature, the OMP Marks and other Proprietary Information stated herein; (iii) provide that the sub-distributor shall have no claims against OMP or Distributor arising from the expiration or termination of this Agreement; (iv) require adherence to internet policies consistent with physician ethics, as well as OMP’s brand promotion and pricing guidelines, and (v) prohibit the sub-distributor from appointing further sub-distributors or agents for the sale of Products or assigning any rights or obligations under its agreement with Distributor without OMP’s prior written consent. Distributor shall cause sub-distributors to communicate directly with Distributor, not OMP.
Sub-Distributors. DISTRIBUTOR shall not, without the prior written approval of UT, appoint any distributors or agents to act on behalf of DISTRIBUTOR (collectively, “Sub-distributors”) to distribute UT Product within the Territory, other than any of its Affiliates. DISTRIBUTOR shall at all times remain fully liable for the performance of any approved sub-distributors and DISTRIBUTOR shall provide UT with a written acknowledgement executed by each Sub-distributor that it has read this Agreement and agrees to be bound by its terms and conditions, including those contained in the attachments hereto.
Sub-Distributors. Nothing herein shall prohibit DISTRIBUTOR from appointing one or more sub-distributors within the Territory, provided however, that with respect to each such sub-distributor:
