Competitive Technology Sample Clauses

The Competitive Technology clause defines how technology that competes with a party’s own products or services is handled within the agreement. Typically, this clause restricts one party from using, developing, or licensing technology that directly competes with the other party’s offerings, or it may require disclosure if such technology is involved. Its core function is to protect a party’s competitive advantage and prevent conflicts of interest or misuse of proprietary information, thereby reducing the risk of unfair competition.
Competitive Technology. Supplier and Purchaser agree that it is of primary importance to Purchaser and Supplier to remain competitive in their respective industries. Therefore, Suppler agrees that it will at its cost maintain best in class technology in the performance of its duties described herein. ***
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Competitive Technology. If another supplier offers to sell to Buyer products as a substitute for NewTextron AgreementFinalDocChrisRev Products, and in Buyer's judgment in its sole discretion such substitute products provide significant technological improvements from the current state- of-the-art technology as of the date of this Agreement; Buyer agrees to provide to Seller written notice of the availability of such advanced technology (without identifying the other supplier) provided Buyer is authorized to release such information. Seller shall have one hundred eighty (90) days from receipt of Buyer's notice to respond with counter technology. If Buyer deems Seller's counter technology proposal to be inadequate in Buyers sole discretion for any reason whatsoever, then notwithstanding any other provision herein, Buyer by written notice to Seller may terminate this Agreement with no further obligation other than to take Products previously ordered and not yet delivered and Buyer shall thereafter be free to purchase the substitute product.
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Competitive Technology. Quick-Med hereby grants to Avery and its Affiliates a single right of first option to ne▇▇▇▇▇te with Quick-Med in order to enter into an exclusive license on terms and conditions acceptable to both Parties to Use within the Field of Use each Competitive Technology or material Development thereto (each, a “CT Option” and, collectively with the Next Gen Option and the Stay Fresh® Option, the “Options”). In the event Quick-Med provides Avery notice of a Competitive Technology or a material Develo▇▇▇▇▇ thereto on or before the date that is thirty (30) months after the Effective Date, Avery shall have until the third anniversary of the Effective ▇▇▇▇ to exercise the CT Option with respect to such Competitive Technology or material Development. In the event Quick-Med provides Avery notice of a Competitive Technology or a material Develo▇▇▇▇▇ thereto any time after the date that is thirty (30) months after the Effective date, Avery shall have six months from the date it receives such no▇▇▇▇ to exercise the CT Option with respect to such Competitive Technology or material Development. Notwithstanding the foregoing, if Avery markets: (a) any adhesive product in medical devices or ▇▇▇▇r health care applications using a non-leaching antimicrobial other than under license from Quick-Med, or (b) any pressure sensitive adhesive product in any non-medical device or non-health care application using a non-leaching antimicrobial other than under license from Quick-Med, then Quick-Med's obligation to grant Avery and its affiliates CT Options pursuant to this Se▇▇▇▇▇ ▇.▇ ▇hall terminate immediately.
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Competitive Technology. (a) Licensee agrees that, during the Term, neither the Licensee nor any of its Affiliates as at the date of this Agreement shall, directly or indirectly, develop, implement or use, or have developed. implemented or used (whether on Licensee’s own or by obtaining from any third party any license or other right to use or any services based upon) any technology that is competitive with the Mobot Technology. In addition, Licensee agrees that, during the Term, neither the Licensee nor any of its Affiliates as of the date of this Agreement shall, directly or indirectly, engage or participate in (as an owner, investor, partner, consultant, independent -contractor, advisor or otherwise), or assist in any manner or in any capacity in, or have any interest in or make any loan to any person, firm, corporation or business which engages in, any Competitive Business. (b) In addition to the provisions of Section 8.7(a), if Licensee acquires or merges with (regardless of the exact form of such combination) another party such that such other party would then be an Affiliate of Licensee (a “Future Affiliate”), and the Future Affiliate at the time of such acquisition or merger or at any time thereafter either (i) directly or indirectly, develops or implements or has developed or implemented any image processing or recognition technology that is competitive with the Mobot Technology, or (ii) directly or indirectly, engages or participates in (as an owner, investor, partner, consultant, independent -contractor, advisor or otherwise), or assists in any manner or in any capacity in, or has any interest in or makes any loan to any person, firm, corporation or business which engages in, any Competitive Business, then, at Mobot’s option, Mobot may terminate this Agreement upon no less than sixty (60) days’ written notice to Licensee. Such termination by Mobot shall be treated as a Termination by Licensee, without cause, as more fully described in Section 10.5, below.
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Competitive Technology. If at any time during the term of this Agreement, Sublicensor develops any technology, or files or obtains rights to any patent application in the Territory that Sublicensor intends to license to a third party, which is, or which can reasonably be expected to be, competitive with the Sublicensed Products, the Sublicensed Technology or Sublicensed Patent Rights (each a “Competitive Technology”), Sublicensor shall notify Sublicensee that it intends to seek third-party sublicensees for such Competitive Technology prior to contacting any other potential third-party sublicensees. Such notice shall include reasonably detailed technical information concerning the Competitive Technology including, without limitation, a complete copy of any such application. Sublicensee shall notify Sublicensor within thirty (30) days after receiving such notice whether Sublicensee is interested in negotiating a license for such Competitive Technology. If Sublicensee timely provides such notice, the Parties shall negotiate such a license in good faith for a period of up to thirty (30) days after Sublicensor receives Sublicensee’s notice of interest (the “Competitive Negotiation Period”). Sublicensor shall be free to discuss licensing such Competitive Technology with third parties and to grant such a license to one or more third parties (i) if Sublicensee fails to timely respond to Sublicensor’s notice of intent to license the Competitive Technology, or (ii) if Sublicensor and Sublicensee fail to agree upon the terms of a possible license to the Competitive Technology prior to expiration of the Competitive Negotiation Period.
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Related to Competitive Technology

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Competitive Terms If the Customer is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Customer may: require the Supplier to replace its existing commercial terms with its Sub-Contractor with the more favourable commercial terms obtained by the Customer in respect of the relevant item; or subject to Clause 29.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. If the Customer exercises the option pursuant to Clause 29.5.1, then the Call Off Contract Charges shall be reduced by an amount that is agreed in accordance with the Variation Procedure. The Customer's right to enter into a direct agreement for the supply of the relevant items is subject to: the Customer making the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and any reduction in the Call Off Contract Charges taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

  • Competitive Business “Competitive Business” shall mean an enterprise that is in the business of offering banking products and/or services, which services and/or products are similar or substantially identical to those offered by the Bank during Executive’s employment with the Bank.

  • Competitive Activities (a) The Executive agrees and acknowledges that by virtue of his employment hereunder, he will maintain an intimate knowledge of the activities and affairs of the Employer, including trade secrets, plans, business plans, strategies, projections, market studies, customer information, employee records and other internal proprietary and confidential information and matters (collectively “Confidential Information”). As a result, and also because of the special, unique and extraordinary services that the Executive is capable of performing for the Employer or one of its competitors, the Executive recognizes that the services to be rendered by him hereunder are of a character giving them a peculiar value, the loss of which cannot be adequately or reasonably compensated for by damages. (b) Except for the purpose of carrying out his duties hereunder, the Executive will not remove or retain, or make copies or reproductions of, any figures, documents, records, discs, computer records, calculations, letters, papers, or recorded or documented information of any type or description relating to the business of the Employer. The Executive agrees that he will not divulge to others any information (whether or not documented or recorded) or data acquired by him while in the Employer’s employ relating to methods, processes or other trade secrets or other Confidential Information. (c) The Executive agrees that the Employer is, and shall be, the sole and exclusive owner of all improvements, ideas and suggestions, whether or not subject to patent or trademark protection, and all copyrightable materials which are conceived by the Executive during his employment, which relate to the business of the Employer, which are confidential, or which are not readily ascertainable from persons or other sources outside the Employer. (d) Unless the Executive’s employment is terminated in connection with or following a Change in Control, then for a period of one year after the termination of employment, the Executive shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any client, customer or employee of the Employer to cease to do business with, or to terminate any employee’s employment with, the Employer. The Executive shall not be subject to any of the limitations set forth in the preceding sentence if the Executive’s employment is terminated in connection with or following a Change in Control. (e) The Executive agrees that during the term of his employment hereunder, except with the express consent of the Employer, he will not, directly or indirectly, engage or participate in, become a director of, or render advisory or other services for, or in connection with, or become interested in, or make any financial investment in any firm, corporation, business entity or business enterprise competitive with or to any business of the Employer; provided, however, that the Executive shall not thereby be precluded or prohibited from owning passive investments, including investments in the securities of other financial institutions, so long as such ownership does not require him to devote substantial time to management or control of the business or activities in which he has invested. Notwithstanding anything to the contrary contained in this Agreement, during the term of this Agreement, the Executive shall have no employment contract or other written or oral agreement concerning employment as an officer of a savings bank or any other financial institution or financial institution holding company nor with any other entity or person other than the Bank or the Corporation. The provisions of this Section 9(e) shall not be applicable if the Executive’s employment is terminated in connection with or following a Change in Control. (f) The Employer shall be entitled to immediate injunctive or other equitable relief to restrain the Executive from failing to comply with any obligation under this Section 9 or from rendering his services to persons or entities than the Employer, in addition to any other remedies to which the Employer may be entitled under law. The right to such injunctive or other equitable relief shall survive the termination by the Employer of the Executive’s employment. (g) The Executive acknowledges that the restrictions contained in this Section 9 are reasonable and necessary to protect the legitimate interests of the Employer and that any violation thereof would result in irreparable injuries to the Employer. The Executive acknowledges that, if the Executive violates any of these restrictions, the Employer is entitled to obtain from any court of competent jurisdiction, preliminary and permanent injunctive relief as well as damages, and an equitable accounting of any earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Employer may be entitled. The Executive further acknowledges that the provisions of Sections 9(a), (b), (c), (f) and (g) shall remain in full force and effect beyond the termination of the Executive’s employment for any reason, including but not limited to termination in connection with or following a Change in Control.