Use and Transfer of Products Sample Clauses

Use and Transfer of Products. Products must be administered under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products. Merz documents and tracks the Product(s) delivered to each Customer location. The Products, and any samples thereof which Merz may provide to Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online (unless, in the case of Neocutis, Customer has a separate written agreement with Merz allowing for such sale). Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) is prohibited. Customer acknowledges that Products modified, refurbished by, or purchased from parties other than Merz are not FDA- cleared/approved, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such practices. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to Merz, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer’s use of Products other than those purchased directly from Merz, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this Section, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz may cancel or reduce the quantity of any current orders; (iii) Merz may refuse to sell future Products to Customer; and/or (iv) Merz may remove Customer from Xxxx’x ...
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Use and Transfer of Products. For regulatory compliance, medical oversight, and training purposes, Merz documents and tracks the Product(s) delivered to each Customer site. Products must be operated under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products, regardless of whether such Products are new or used, or are sold within or outside the United States. Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, etc.) is also prohibited. Customer acknowledges that Products refurbished by parties other than Merz are not FDA-cleared, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in these unlawful practices. Customer hereby further acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to Merz, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of the Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer acknowledges that Customer’s use of Products other than those purchased directly from Merz, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this section, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; and (ii) Merz may refuse to sell future Products to Customer and may remove Customer from Xxxx’x physician finder portal.
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Use and Transfer of Products 
Sample 1Sample 2Sample 3See All (10)
Use and Transfer of Products 
Sample 1Sample 2Sample 3See All (10)

Related to Use and Transfer of Products

  • Transfer or Deletion of Student Data The Provider shall review, on an annual basis, whether the Student Data it has received pursuant to the DPA continues to be needed for the purpose(s) of the Service Agreement and this DPA. If any of the Student Data is no longer needed for purposes of the Service Agreement and this DPA, the Provider will provide written notice to the LEA as to what Student Data is no longer needed. The Provider will delete or transfer Student Data in readable form to the LEA, as directed by the LEA (which may be effectuated through Exhibit D of the DPA), within 30 calendar days if the LEA requests deletion or transfer of the Student Data and shall provide written confirmation to the LEA of such deletion or transfer. Upon termination of the Service Agreement between the Provider and LEA, Provider shall conduct a final review of Student Data within 60 calendar days. If the LEA receives a request from a parent, as that term is defined in 105 ILCS 10/2(g), that Student Data being held by the Provider be deleted, the LEA shall determine whether the requested deletion would violate State and/or federal records laws. In the event such deletion would not violate State or federal records laws, the LEA shall forward the request for deletion to the Provider. The Provider shall comply with the request and delete the Student Data within a reasonable time period after receiving the request. Any provision of Student Data to the LEA from the Provider shall be transmitted in a format readable by the LEA.

  • Transfer of Property On the date set forth above, the Grantor transferred to the Trust Estate and assets described in Attachment A which is attached and incorporated into the Trust. The Grantor or someone acting on the Grantor’s behalf may transfer property, during the life of the Grantor or by the Grantor’s Will, to the Trust and list such property on Attachment A. The Grantor, along with any other individual, may transfer property to the ownership of the Trust. Property may be added to the Trust by writing in Attachment A, by attached receipt, or by placing the property under the ownership of the Trust. Attachment A is for reference only, and any property transferred to the Trust formally or informally, but not listed on Attachment A, is also part of the Trust. All property transferred to the Trust formally or informally, together with the investments and reinvestments, as well as any income earned is sometimes collectively referred to herein as the "Trust Estate". All property transferred to or deposited with the Trustee shall be held by it in trust for the uses and purposes stated herein.

  • Promotions and Transfers It is the policy of the University to encourage job advancement and promote from within. It is the responsibility of each employee seeking promotion or transfer to provide the Employer with complete information regarding the employee’s skills and qualifications relative to the position sought. The Employer will make the application process, necessary submittals and the essential skills of the vacant position clear to prospective applicants. All employees will be informed of the processes and steps necessary for advancement. This may be done as part of the annual performance evaluation.

  • Selling Restrictions (i) Except as expressly set forth below, the Investor covenants that from and after the Closing Date through and including the Trading Day next following the expiration or termination of this Agreement as provided in Article VIII (the “Restricted Period”), none of the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member (collectively, the “Restricted Persons” and each of the foregoing is referred to herein as a “Restricted Person”) shall, directly or indirectly, (i) engage in any Short Sales of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock, with respect to each of clauses (i) and (ii) hereof, either for its own account or for the account of any other Restricted Person. Notwithstanding the foregoing, it is expressly understood and agreed that nothing contained herein shall (without implication that the contrary would otherwise be true) prohibit any Restricted Person during the Restricted Period from: (1) selling “long” (as defined under Rule 200 promulgated under Regulation SHO) the Securities; or (2) selling a number of shares of Common Stock equal to the number of Shares that the Investor is unconditionally obligated to purchase under any pending VWAP Purchase Notice or any pending Intraday VWAP Purchase Notice (as applicable), but has not yet received from the Company or its transfer agent pursuant to this Agreement, so long as (X) the Investor (or its Broker-Dealer, as applicable) delivers the Shares purchased pursuant to such pending VWAP Purchase Notice and the Shares purchased pursuant to such pending Intraday VWAP Purchase Notice (as applicable) to the purchaser thereof promptly upon the Investor’s receipt of such Shares from the Company in accordance with Section 3.3 of this Agreement and (Y) neither the Company or its transfer agent shall have failed for any reason to deliver such Shares to the Investor or its Broker-Dealer so that such Shares are timely received by the Investor as DWAC Shares on the applicable Purchase Share Delivery Date for such VWAP Purchase and on the applicable Purchase Share Delivery Date for such Intraday VWAP Purchases (as applicable) in accordance with Section 3.3 of this Agreement.

  • Transfer of Agreement Without prior written consent of the WFOE, the Existing Shareholders or the Domestic Company may not assign its rights and obligations hereunder to any third party.

  • Transfer of Personal Data The Participant authorizes, agrees and unambiguously consents to the transmission by the Company (or any Subsidiary) of any personal data information related to the Option awarded under this Agreement for legitimate business purposes (including, without limitation, the administration of the Plan). This authorization and consent is freely given by the Participant.

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