Contractual Products shall have the meaning specified in Section 1.2.
Contractual Products are the products that are delivered by Phoenix Contact to ENPHASE in series after the acceptance of the SUBJECT MATTER OF THE AGREEMENT by ENPHASE.
Contractual Products means all CAD-CAM equipment manufactured by SIRONA and its Affiliates, except as excluded on Schedule 1.2 attached hereto and except for the products the subject of the right of first offer below. Except as excluded, Contractual Products will include ancillary products to such CAD-CAM equipment, including but not limited to activation keys, consumables (e.g., blocks), spare parts, service club and repair exchange parts. Notwithstanding anything to the contrary in this Agreement, the Parties agree and understand that Xxxxxxxxx distributes and sells authorized consumables for use with Contractual Products, including blocks, and agree that Xxxxxxxxx may continue to do so and that such activity shall in no event constitute a breach of this Agreement. During the Term of this Agreement, Xxxxxxxxx will have a right of first offer to be the exclusive distributor for SIRONA in the Territory of future CAD/CAM products designed solely or principally to produce dental restorations in either the Dental lab or in the dentist’s office, which products are acquired by SIRONA from a third-party or are manufactured or otherwise produced by SIRONA, but which products are materially different (other than cosmetically) from Contractual Products and are not marketed under the SIRONA brand (it being agreed such products are not included with the meaning of Contractual Products). The right of first offer shall be administered as follows:
1.2.1 Before SIRONA markets such products itself or through others, it will first deliver to Xxxxxxxxx a written offer prepared by SIRONA (the “First Refusal Offer”), which will be irrevocable for either thirty (30) calendar days or sixty (60) calendar days depending upon whether Xxxxxxxxx delivers the First Refusal Acceptance Notice timely subject to Section 1.2.2 below (the “First Refusal Offer Period”). The First Refusal Offer will offer to Xxxxxxxxx, or at Xxxxxxxxx’x election, to an Affiliate of Xxxxxxxxx, the opportunity to enter into an exclusive arrangement with SIRONA with respect to such products in the Territory under the terms and conditions of this Agreement (with applicable changes to consideration and other economic provisions as proposed by SIRONA and agreed by Xxxxxxxxx) for the then remainder of the Term of this Agreement (the “First Refusal Terms”).
1.2.2 Within thirty (30) days after delivery of the First Refusal Offer, Xxxxxxxxx will have the right to state, by written notice to SIRONA (the “First Refusal Acceptance Notice”), ...
Examples of Contractual Products in a sentence
The Supplier shall only be permitted to use Subcontractors to render Contractual Products and/or Contractual Services or portions thereof with the prior written consent of the Company.
This shall apply regardless the reason for which the Contract comes to an end.Upon termination of the Contract for any reason and against reasonable consideration, the Supplier shall immediately, upon demand by the Company, deliver to the Company all inventories of raw materials and parts, work-in-process and/or finished Contractual Products and/or any related safety equipment used in the performance of the Contract and which are in its possession at the effective date of termination.
The Supplier is a specialist in the execution and performance of the Contractual Products and/or Contractual Services.
The Supplier is a specialist in the supply of the Contractual Products and/or the performance of the Contractual Services (as the case may be).
The Supplier shall provide with each invoice a certificate of origin for the Contractual Product or as applicable, the Supplier has to provide by January 15th of each year his long-term- supplier’s declaration for Contractual Products having preferential origin as per Council Regulation (EU) 2015/2447 and the applicable addenda to the Company on an unsolicited basis by not later than January 15 of each year.
More Definitions of Contractual Products
Contractual Products are the products for which BEGO is allowed to use the Licenced VOXELJET Patent Rights or for which VOXELJET is allowed to use the Licenced BEGO Patent Rights in equivalent form and/or in an indirect way, namely every machine or part of a machine, in particular but not limited to the VOXELJET VX Concept plant.
Contractual Products means all (i) Xxxxxx imaging products and equipment (including, without limitation, Xxxxxx branded x-ray products and accessories) (“Xxxxxx Products”) and (ii) “SIRONA Products” (as defined below), in each case manufactured by SIRONA and its Affiliates, except as excluded on Schedule 1.2 attached hereto. The term “SIRONA Products” means, subject to the exclusions specified on Schedule 1.2, all SIRONA branded imaging products and equipment (including, without limitation, SIRONA branded panoramic product lines) together with SIRONA branded treatment centers and instruments. Contractual Products will include related spare parts, consumables and repair exchange parts. Contractual Products shall not include products of any nature (whether treatment centers, instruments or otherwise) that are acquired by SIRONA or its Affiliates after the date hereof from a seller or licensor by virtue of a transaction involving an acquisition of assets or capital stock (whether a stock sale, merger or otherwise), in-license or other similar transaction (such acquired products shall be referred to herein as “Acquired Products”). In the event SIRONA distributes products contemplated by the right of first offer below to other distributors on a non-exclusive basis, Xxxxxxxxx shall have the option to distribute such products on no less favorable terms than any other distributor in the Territory. During the Term of this Agreement, Xxxxxxxxx will have a right of first offer to be the exclusive distributor for the non-SIRONA branded products otherwise excluded from the definition of Contractual Products which have not been commercialized as of the date of this Agreement; provided, however, that this right shall not be applicable to Acquired Products. The right of first offer shall be administered as follows:
Contractual Products means the products to be supplied under the terms of this Basic Sales Agreement and the respective Sales Contract as set forth in Annex 3.
Contractual Products means all the vehicles, spare parts and accessories listed in Schedule hereto.
Contractual Products means the hardware-based and/or software-based products for the monitoring and control of construction machinery, including accessories and additions, and including any professional services to be provided by Provider under the Contract or other goods or services related to other Contractual Products.
Contractual Products means any products for which the Member, on account of the rights granted under this contract, may use the contractual trademark in accordance with the provisions of this membership agreement, namely: the individualised website xxx.xxxxxxxx‐xxxxxxx‐xxxxxx.xxx the administration tool xxx.xxxxxx.xxxxxxxx‐xxxxxxx‐xxxxxx.xxx, consisting of msc patient management, msc data management, msc analytics and msc helpdesk the 3‐D Migraine‐Head‐Model customised surgical instruments msc migraine video msc migraine compass msc migraine questionnaire pre‐ and postoperative videos all videos available on the website msc injection navigator google adwords tool kit iPad/iPhone and Android apps the know‐how (part C)
Contractual Products means the DeskTalk software programs listed in Annex 1 in machine-readable format, which may, from time to time, either be added to; or deleted from; by mutual agreement of the Parties. Each addition of a DeskTalk product as a Contractual Product shall be added to this Agreement in the form of an Annex to this Agreement and shall be consecutively numbered Annex 1. 1, Annex 1.2, etc.