Examples of Exclusive Customer in a sentence
In the event that, as a result of the joint marketing efforts, a customer forwards a specific and express request to either AP Biotech or Dyax for the discovery and/or development of a Exclusive Customer Media, the party receiving the request shall forward the request as a Proposed Project to the Steering Committee.
Any Product not properly rejected within ninety (90) days of uncrating of that Product by Exclusive Customer at the site of installation (the “Rejection Period”) shall be deemed accepted, except where deviance from specification is manifest at the time of inspection prior to installation at DISTRIBUTOR’s place of installation of the Product.
If within 90 days after receiving such notice from HealthGate, GEMS fails to consummate a sale to, or receive a commitment from, such Exclusive Customer, or achieve other significant demonstrated progress toward a sale to such Exclusive Customer, then HealthGate at its option upon notice to GEMS may thereafter distribute or arrange for the distribution of HealthGate Products to such Exclusive Customer.
Distributor has the exclusive right and license to market and sell Products to Exclusive Customers, meaning that during the Term, and renewal term, Licensor shall not: (i) directly solicit or sell Products to any Exclusive Customer; or (ii) knowingly permit any Authorized Distributor to solicit or sell Products to any Exclusive Customer.
Such marketing efforts may result in a customer request for either Multi Customer Media or Exclusive Customer Media.
HealthGate may continue to market or sell HealthGate Products to any Exclusive Customer, for a period of 90 days after execution of this Agreement, but any resulting sale of any HealthGate Products shall be deemed a sale by GEMS for purposes of the sharing of Revenues and other provisions of this Agreement.
Further, such license shall not include any rights of further license or sublicense, and shall be subject to the grant of exclusive rights to a customer for a particular Exclusive Customer Media pursuant to Section 4.3.
This restriction does not apply to any entity that acts as a distributor of uniforms to an Exclusive Customer, provided that (i) the entity is not established by, or established pursuant to instructions or recommendations from, Distributor; (ii) Distributor notifies Licensor of such proposed arrangement and obtains Licensor’s approval, which shall not be unreasonably withheld or delayed; and (iii) the distributor shall not be considered a Customer or an Exclusive Customer for purposes of this Agreement.
After the first 90 day period of this Agreement, HealthGate may deliver to GEMS written notice of a Qualified Lead with any Exclusive Customer.
With respect to all Approved Projects resulting from the Business Plan set forth in Section 4.1, as amended, and with respect to all Multi-Customer Media and Exclusive Customer Media developed pursuant to Section 4.2, 4.3 and 4.4, AP Biotech and Dyax shall collaborate exclusively with each other.