Common use of Existing Customers Clause in Contracts

Existing Customers. Except for those Existing Customers with whom OCL or its corporate affiliates has a pre-existing relationship as of the Effective Date of this Agreement OCL shall not solicit or contract with Existing Customers for any products or services without MAI's express written consent. Except as expressly prohibited by this provision, OCL shall not be limited in its ability to conduct it business as if it had not entered into this Agreement with MAI. MAI agrees not to unreasonably withhold or delay its consent to requests from OCL to solicit or contract with Existing Customers for the sale of products or services which are not competitive with a product or service sold by MAI. In granting its consent, MAI shall be entitled to place reasonable restrictions on the manner in which OCL interacts with the Existing Customers, for example by precluding the involvement of the OCL employees who provide Equipment Support for that Existing Customer pursuant to this Agreement. In the event MAI withholds its consent to a request by OCL to solicit or contract with an Existing Customer, OCL shall be entitled to terminate this Agreement upon one hundred eighty (180) days prior written notice to MAI without further liability or obligation to MAI. OCL's failure to exercise this right to terminate on one or more occasions when it has the opportunity to do so shall not be deemed to constitute a waiver of such right or any other rights hereunder

Appears in 2 contracts

Sources: Equipment Support Subcontract (Mai Systems Corp), Equipment Support Subcontract (Mai Systems Corp)

Existing Customers. Except for those Existing Customers with whom OCL ONA or its corporate affiliates has a pre-existing relationship as of the Effective Date of this Agreement OCL Agreement, ONA shall not solicit or contract with Existing Customers for any products or services without MAI's express written consent. Except as expressly prohibited by this provision, OCL ONA shall not be limited in its ability to conduct it business as if it had not entered into this Agreement with MAI. MAI agrees not to unreasonably withhold or delay its consent to requests from OCL ONA to solicit or contract with Existing Customers for the sale of products or services which are not competitive with a product or service sold by MAI. In granting its consent, MAI shall be entitled to place reasonable restrictions on the manner in which OCL ONA interacts with the Existing Customers, for example by precluding the involvement of the OCL ONA employees who provide Equipment Support for that Existing Customer pursuant to this Agreement. In the event MAI withholds its consent to a request by OCL ONA to solicit or contract with an Existing Customer, OCL ONA shall be entitled to terminate this Agreement upon one hundred eighty (180) days prior written notice to MAI without further liability or obligation to MAI. OCLONA's failure to exercise this right to terminate on one or more occasions when it has the opportunity to do so shall not be deemed to constitute a waiver of such right or any other rights hereunder

Appears in 1 contract

Sources: Equipment Support Subcontract (Mai Systems Corp)