Common use of Distribution Right Clause in Contracts

Distribution Right. In consideration of KDK's paying the development funding referred to in Article 3.2 of the Agreement, Biosite hereby grants KDK the exclusive right to promote, market, service, sell and distribute the Product in the Territory and hereby acknowledges that KDK has such exclusive distribution right. KDK shall use its best efforts to promote, market, distribute and sell the Product in the Territory and to meet the reasonably foreseeable market demand therefor. KDK shall not sell or export the Product, directly or indirectly, nor cause any Third Party to promote, market, sell, export, distribute or otherwise deal in the Product, directly or indirectly, outside the Territory. KDK shall have the right to appoint one or more Third Parties as subdistributors in the Territory. Biosite shall not sell the Product, directly or indirectly, nor cause any Third Party (including without limitation LRE Reais+Elektronik GmbH) to promote, market, sell, export, distribute or otherwise deal in the Product, directly or indirectly, in the Territory.

Appears in 2 contracts

Sources: Development, Supply and Distribution Agreement (Biosite Diagnostics Inc), Development, Supply and Distribution Agreement (Biosite Diagnostics Inc)