Supplier Exclusivity Sample Clauses

Supplier Exclusivity. Section 2.4 of the Agreement shall be deleted in its entirety.
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Supplier Exclusivity. 10 3.4 Hemostasis Point-of-Care Products................................. 11 3.5
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Supplier Exclusivity. Section 2(a)(2) of the Distribution Agreement -------------------- is hereby amended to add the following to the end thereof: Supplier shall not be deemed to have breached Section 2(a)(1) of this --------------- Agreement for any sale, solicitation of orders for, or other distribution of, Products within the Territory other than through Distributor where (i) Distributor has been deemed to have consented to such actions pursuant to the terms of Section 2 of the Amendment (otherwise known as the First Amendment) to this Agreement, (ii) Supplier has assisted a customer in financing an Instrument through a third party leasing agent and the third party leasing agent has leased the Instrument to such customer, pursuant to the terms of the February Letter Agreement or the terms of
Sample 1
Supplier Exclusivity. Supplier agrees that it will not supply Merchandise to third parties through supply arrangements except (i) through existing supply relationships Supplier has with third parties, including modifications to those existing relationships, which existing relationships are listed on Exhibit 2.4 hereto, (ii) through Sxxxx Mart stores, or (iii) through other third party supply arrangements with Sxxxx Mart’s consent, such consent not to be unreasonably withheld. For purposes of the preceding sentence, Sxxxx Mart may reasonably withhold its consent if Sxxxx Mart reasonably believes that the supply of Merchandise to such third party will be competitive with Sxxxx Mart and may have a material adverse effect on sales of Merchandise offered at Sxxxx Mart stores. For purposes of this Section 2.4, third party retail locations that are located in “standard metropolitan market areas” in which less than five percent (5%) of Sxxxx Mart’s stores are located shall not be deemed competitive with Sxxxx Mart. Sxxxx Mart’s sole remedy for breach of this Section 2.4 is termination of this Agreement.
Sample 1
Supplier Exclusivity. Supplier agrees that it will not supply Merchandise to third parties through supply arrangements except (i) through existing supply relationships Supplier has with third parties, including modifications to those existing relationships, which existing relationships are listed on Exhibit 2.4 hereto, (ii) through Xxxxx Mart stores, or (iii) through other third party supply arrangements with Xxxxx Mart’s consent, such consent not to be unreasonably withheld. For purposes of the preceding sentence, Xxxxx Mart may reasonably withhold its consent if Xxxxx Mart reasonably believes that the supply of Merchandise to such third party will be competitive with Xxxxx Mart and may have a material adverse effect on sales of Merchandise offered at Xxxxx Mart stores. For purposes of this Section 2.4, third party retail locations that are located in “standard metropolitan market areas” in which less than five percent (5%) of Xxxxx Mart’s stores are located shall not be deemed competitive with Xxxxx Mart. Xxxxx Mart’s sole remedy for breach of this Section 2.4 is termination of this Agreement.
Sample 1

Related to Supplier Exclusivity

  • No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Regulatory Exclusions (a) If the Executive is suspended and/or temporarily prohibited from participating in the conduct of the Savings Bank's affairs by a notice served under Section 8(e)(3) or (g)(1) of the FDIA (12 U.S.C. 1818(e)(3) and (g)(1)), the Savings Bank's obligations under the Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Savings Bank may within its discretion (i) pay the Executive all or part of the compensation withheld while its contract obligations were suspended and (ii) reinstate any of its obligations which were suspended.

  • Product Marking LICENSEE agrees to xxxx the LICENSED PRODUCTs sold in the United States with all applicable United States patent numbers. All LICENSED PRODUCTs shipped to or sold in other countries shall be marked in such a manner as to conform with the patent laws and practices of the country of manufacture or sale.

  • USE OF THIRD PARTY SYSTEMS-LEVEL SOFTWARE State Street and the Fund acknowledge that in connection with the Data Access Services provided under this Addendum, the Fund will have access, through the Data Access Services, to Fund Data and to functions of State Street’s proprietary systems; provided, however that in no event will the Fund have direct access to any third party systems-level software that retrieves data for, stores data from, or otherwise supports the System.

  • Product The term “

  • Non-exclusivity, Etc The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

  • Limited Exclusivity The Sub-Advisor agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as “Environmentally Qualified” or otherwise “Socially Responsible” within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Advisor are not exclusive, and that nothing in this Agreement shall prevent the Sub-Advisor from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Trust (whether or not their investment objectives and policies are similar to those of the Fund) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Advisor’s ability to meet its obligations to the Fund hereunder. When the Sub-Advisor recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Advisor recommends the purchase or sale of the same security for the Fund, it is understood that in light of its fiduciary duty to the Fund, such transactions will be executed on a basis that is fair and equitable to the Fund. If the Sub-Advisor provides any advice to its clients concerning the shares of the Fund, the Sub-Advisor shall act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund. The Sub-Advisor provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Advisor with respect to the Fund. Nothing in this Agreement shall impose upon the Sub-Advisor any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Fund, any security which the Sub-Advisor, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.

  • NON-EXCLUSIVITY; TRADING FOR ADVISOR’S OWN ACCOUNT The Trust’s employment of the Advisor is not an exclusive arrangement. The Trust may from time to time employ other individuals or entities to furnish it with the services provided for herein. Likewise, the Advisor may act as investment adviser for any other person, and shall not in any way be limited or restricted from buying, selling or trading any securities for its or their own accounts or the accounts of others for whom it or they may be acting; provided, however, that the Advisor expressly represents that it will undertake no activities which will adversely affect the performance of its obligations to the Fund under this Agreement; and provided further that the Advisor will adhere to a code of ethics governing employee trading and trading for proprietary accounts that conforms to the requirements of the Investment Company Act and the Advisers Act and has been approved by the Board of Trustees.

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