Extension of Exclusivity Clause Samples

Extension of Exclusivity. 1.1 In Section 4.1 of the Amendment, (i) the reference to [*] in the first paragraph is replaced with [*], and (ii) the last three paragraphs are deleted in their entirety. 1.2 The list of “Strategic Accounts” is hereby updated to include the accounts listed on Schedule A attached hereto. 1.3 The list of Strategic Fields is hereby updated to include the applications listed on Schedule B attached hereto. 1.4 In Section 4.2 of the Amendment, all instances of [*] are replaced by [*]. 1.5 The following is added at the end of Section 4.2 of the Amendment- “Notwithstanding the foregoing. IM agrees not to ship a Wets Workflow or [*] to a Competitor prior to [*]”. 1.6 The following is added after the last sentence of Section 4.3 of the Amendment: “If IM identifies an opportunity for IM and ATMI to work in a joint development program or if ATMI introduces IM to such an opportunity (“JDP’’) for an integrated device manufacturer (“IDM”) for which ATMI has relevant HPC resources and expertise available, IM and ATMI hereby agree to enter into good faith negotiations to agree on the revenue sharing arrangement (where such sharing shall be based on the parties’ respective resource contributions) between IM and ATMI pursuant to such JDP. Any such revenue sharing arrangement shall be detailed in a separate formal agreement (“Revenue Sharing Agreement”). It is further agreed that tor any such JDP, IM and ATMI shall, where feasible, define a joint sales and marketing plan.

Extension of Exclusivity. 55 12.1.25 Acceptable Plan Term Sheet; Contested Plan.........55 12.1.26 Aggregate Letter of Credit Drawings.................55 12.2 Effect of Event of Default.....................................55

Extension of Exclusivity. Subject to Distributor’s compliance with Section 2 of this Amendment, in the event that Distributor fails to meet the Minimum Qualified Revenue or the Minimum Initial Product Revenue for Contract Year 2004 and elects not to make the Additional Payment or the Additional Initial Product Payment required to maintain exclusivity pursuant to Section 1.04(ii) of the Distribution Agreement, respectively, by January 15, 2005, then notwithstanding any provision of Section 1.04 of the Distribution Agreement to the contrary, Distributor’s exclusivity rights under Section 1.02 of the Distribution Agreement shall terminate on June 30, 2005, rather than January 15, 2005.

Extension of Exclusivity. The parties agree that clause 4.2 of the OEM CD Smart Card Agreement shall be amended such that: 2.3.2 IQROM agrees to procure that during this Agreement: (a) any such IQROM Group Company and ▇▇▇▇▇▇ Limited (and its sub-contractors) supply all of its production of the Combined Product to IQROM for distribution to IQROM customers; (b) any such IQROM Group Company and ▇▇▇▇▇▇ Limited (and its sub-contractors) shall not supply Combined Products to any party except as set out in clause 2.3.1; (c) any such IQROM Group Company and ▇▇▇▇▇▇ Limited (and its sub-contractors) shall not reproduce SoftCD other than to enable it to supply IQROM with Combined Products and for no other purpose; and (d) IQROM shall be responsible for any failure by such IQROM Group Company and ▇▇▇▇▇▇ Limited (and its sub-contractors) to reproduce SoftCD other than for this purpose. 2.3.3 The licence contained in clause 2.1 of the OEM Smart Card Agreement shall not extend any further than as set out in this clause 2.3 or extend to any party other than a party described in this clause 2.3. 2.3.4 IQROM during the term of this Agreement shall procure that ▇▇▇▇▇▇ Limited (and its sub-contractors) and any IQROM Group Company shall supply all of its production of CD Business Cards to IQROM for distribution to IQROM customers save for sales by ▇▇▇▇▇▇ Limited or any IQROM Group Company of CD Business Cards to third party CD replicators. -------------------- * Confidential treatment has been requested for certain portions of this document pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. Such portions are omitted from this filing and are filed separately with the Securities and Exchange Commission. 2.3.5 IQROM shall be directly responsible to the Supplier for lost royalties (that is, royalties which would have been paid to the Supplier had the CD Business Cards been supplied by ▇▇▇▇▇▇ Limited or any IQROM Group Company to DXP) as a result of any failure by ▇▇▇▇▇▇ Limited or the IQROM Group Company to supply all of its production of CD Business Cards to IQROM (save for sales to third party CD replicators) in accordance with this Clause 2.

Extension of Exclusivity. Section 17.1 of the Distributorship Agreement is deleted in its entirety and is replaced by the following provision: Subject to the termination provisions set forth in item VIII of this Agreement (including the duration of the exclusive provisions of the Distributorship Agreement), the Distributorship Amendment is extended through September 30, 2017; that is, ten years beyond the period of exclusivity granted under the fifth of the Prior Amendments. Such ten-year extension will be deemed to be a new contract to take effect on October 1, 2007 if the Distributorship Agreement is in full force and effect on September 30, 2007 and will be governed under the terms of this Amendment.

Extension of Exclusivity. In addition to the license exclusivity described in Subsections 3.2 (“Exclusivity”) and 3.3A (Overall Time Limitation), subject to Adesto’s performance hereunder including without limitation the timely payment of all Fees, and subject to the limitations described in Subsection 3.3B (“Limitations on Exclusivity”) and timely delivery of equity securities pursuant to SECTION 9 (“STOCK PURCHASE”), Adesto may elect to continue the Axon License Restrictions by consecutive [*] periods if: 1. Adesto gives Axon written notice of its elections to continue the Axon License Restrictions and, at the time such written notice is given, the Axon License Restrictions have not terminated; and * Confidential Treatment Requested (i) During [*] period preceding the first such [*] continuance, [*] 8-inch diameter equivalent Production Wafers containing Authorized Products consisting primarily of Memory Blocks are manufactured by an Authorized Manufacturer and (ii) during the twelve month period preceding each subsequent one year continuance, [*] 8-inch diameter equivalent Production Wafers containing Authorized Products consisting primarily of Memory Blocks are manufactured by an Authorized Manufacturer; and 3. Adesto agrees to pay Fees to Axon respecting the manufacture of Authorized Products or Net Sales excluding NRE, in each case occurring during the [*] period of the applicable [*] continuance, as required by Section 6.1 (Fees), the alternative applicable amounts specified in Section 2.2 (Stand-alone Memory Blocks) of Exhibit A and Section 3 (FURTHER LICENSE ROYALTIES) of Exhibit A.

Extension of Exclusivity. The Exclusivity Period shall automatically be extended for the duration of the then-remaining term of this Agreement upon the first to occur of the following: (i) the date on which annual aggregate gross revenues earned by Bare Escentuals as a result of the sale of Licensed Products in the Field of Use are greater than or equal to *** or (ii) the date on which Bare Escentuals elects to extend the Exclusivity Period by paying to BioKool a one-time payment of ***.

Extension of Exclusivity. Without the prior consent of the ------------------------ Majority Lenders, the entry of an order by the Bankruptcy Court extending any exclusive right that any of the Debtors may have to (i) propose any plan of reorganization in the Chapter 11 Cases to a date more than 120 days after the Commencement Date or (ii) solicit votes for or seek the confirmation of any plan of reorganization in the Chapter 11 Cases to a date more than 180 days after the Commencement Date.

Extension of Exclusivity. From and after the Effective Date until the date of Closing or any earlier termination of this Agreement (such period being referred to herein as the "Exclusive Period"), Purchaser shall not, directly or indirectly: (i) pursue any plans to expand Purchaser's existing floor space for semiconductor wafer fabrication, which prohibited activity includes, without limitation, the submission of any applications for permits or completing preconstruction feasibility or development work; or (ii) pursue the purchase of any other facility for semiconductor wafer fabrication, which prohibited activity includes, without limitation, soliciting or submitting offers or letters of intent or participating in any negotiations for the acquisition of such a facility. Nevertheless, Purchaser may continue its activities with respect to facilitization of and equipment installation in its existing floor space and expansion of its probe and test areas.