Exclusivity Exception definition

Exclusivity Exception has the meaning set forth in Section 2.1.
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Exclusivity Exception means the following exception to the specific exclusivity rights of FDMS set forth in this Agreement to provide Fulfillment Services for Joint Programs (including the CoolDining Program): the right of CSI to enter into an agreement with American Express, Discover, a private label card for which FDMS provides less than 50% of all settlement services, and/or Alliance Data Systems, Inc. pursuant to which such party will provide Fulfillment Services for a Joint Program or for another program that provides for the issuance of a discount directly to a CSI Member's American Express, Discover, or private label card, upon such CSI Member "clicking" or otherwise enabling a coupon or other similar offer and redeeming such coupon or offer at a merchant's web site, business premises, or through a catalogue, provided that CSI may only enter into an arrangement with Discover so long as FDMS provides less than 50% of all settlement services for Discover.
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Examples of Exclusivity Exception in a sentence

  • Subject to the Exclusivity Exception, FDMS shall be the exclusive provider of Fulfillment Services for (x) each program offered by CSI that requires Fulfillment Services (a "New Program"), and (y) the Joint Programs, for one (1) year from the date of launch of such New Program or Joint Program, except for New Programs for which CSI requires technology or capabilities that FDMS does not possess.

  • For the avoidance of doubt, the foregoing ROFO obligation shall not apply to an Alternative Base Oil Technology developed by an Acquiring Party in connection with activities that fall within an Exclusivity Exception.

  • CSI shall refer any merchants requesting or seeking Payment Processing Services to FDMS, and CSI shall not make any referral to or otherwise promote any provider of Payment Processing Services other than FDMS during the term of this Agreement, except for any provider of Payment Processing Services covered under the Exclusivity Exception.

  • FDMS shall provide Fulfillment Services for the CoolDining Program in accordance with the performance standards set forth on Exhibit 11, except with respect to those credit cards covered under the Exclusivity Exception.

  • For the avoidance of doubt, the foregoing ROFO obligation shall not apply to an Alternative Technology developed by Amyris in connection with activities that fall within an Exclusivity Exception.

  • This Exclusivity Exception shall exist for the duration of the Term.

  • Subject to the Exclusivity Exception, FDMS shall be the exclusive provider of Fulfillment Services with respect to the CoolDining Program.

  • In order to calculate the average monthly gross revenue for any given evaluation of an Exclusivity Exception pursuant to this subparagraph (ii), the gross revenue generated over the last [*] prior to the date of the respective request by Company shall be taken into consideration.

  • The Amyris Entities shall keep reasonable records of their costs and expenses incurred in connection with the development of Base Oils derived from BioFene from September 30, 2010 through the end of the Feasibility Phase (other than specifically in connection with an Exclusivity Exception), including internal and Third Party scale up and process development costs, which such costs and expenses, direct and indirect, shall be deemed part of the Feasibility Budget.

  • The Parties hereby agree to reimburse or cause the JVCO to reimburse, in the case it has been already acquired and such a reimbursement is compliant to its corporate governance rules, any cost or expense that (i) is supported by appropriate documentation, and (ii) is directly related the development of Base Oils derived from BioFene, including development in-house or through a Third Party (other than specifically in connection with an Exclusivity Exception) (“Reimbursable Costs and Expenses”).