Certain Operating Provisions Clause Samples

Certain Operating Provisions. 5.1 During the term of this Agreement, DCC will not undertake, either through its own capabilities or those of any other party except APS and as approved by the Joint Operating Committee, improvement of its Polytrap System technology in the Field or development of new products in the Field that utilize a Polytrap System. 5.2 APS will use reasonable efforts to respond timely to reasonable requests by the DCC sales and marketing force to supply custom formulation of available Microsponge or Polytrap Systems, which requests result from technical service contacts with customers and prospective customers. APS will also provide reasonable help to aid DCC in training of its sales and marketing personnel in possible applications of the Systems. 5.3 Both APS and DCC will jointly participate in the development of formulations, on behalf of customers, of products incorporating a System. 5.4 APS will provide technical services at reasonable levels to attempt solution of specific customer problems in the use of a System after prescreening by DCC of such requests. 5.5 DCC will be responsible for the pricing of Systems to customers, provided that the resulting Gross Margin will not be less than 30 percent without APS' written consent. 5.6 All new products developed by APS in the Field, whether based on a Microsponge or Polytrap System will be marketed under the Microsponge trademark, which trademark, however, shall remain the property of APS but be licensed to DCC for use in the Field during the term of the Agreement. 5.7 APS and DCC agree to decide the ownership of any jointly-developed new trademarks in a separate Agreement.
Certain Operating Provisions 

Related to Certain Operating Provisions

  • Certain General Provisions 32 5.1. Closing Fee. ........................................................................32 5.2. Agent's Fee. ........................................................................32 5.3.

  • Reporting Provisions Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request.

  • Certain Provisions If the operation of any provision of this Agreement would contravene the provisions of applicable law, or would result in the imposition of general liability on any Limited Partner or Special Limited Partner, such provisions shall be void and ineffectual.

  • Governing Provisions This Agreement is made under and subject to the provisions of the Plan, and all of the provisions of the Plan are also provisions of this Agreement. If there is a difference or conflict between the provisions of this Agreement and the provisions of the Plan, the provisions of the Plan will govern. By signing this Agreement, the Grantee confirms that he or she has received a copy of the Plan.

  • Incorporation of Plan Provisions These Terms and Conditions and the Agreement are made pursuant to the Plan, the provisions of which are hereby incorporated by reference. Capitalized terms not otherwise defined herein shall have the meanings set forth for such terms in the Plan. In the event of a conflict between the terms of these Terms and Conditions and the Agreement and the Plan, the terms of the Plan shall govern.