Marketing Exclusivity Sample Clauses
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Marketing Exclusivity. For 12 months after the date hereof Nortel and Talarian will be marketing partners and during such period (i) Nortel will not become a marketing partner for any type of publish/subscribe and multicast middleware other than with Talarian and (ii) Talarian will not become a marketing partner with any of the entities set forth on Exhibit A; provided, however, that Talarian will not be prohibited from soliciting support from any third party in the pursuit of IETF standards or similar standards efforts for multicast protocols. In furtherance of this marketing relationship between Talarian and Nortel Networks, Talarian agrees that it will, to the extent reasonable, (i) recommend Nortel Networks equipment to its customers as the preferred networking solution, (ii) give its customers that are [ ** ] information about Nortel Networks equipment, (iii) provide Nortel Networks with advance notice of its scheduled sales calls and allow Nortel Networks to do joint sales calls with Talarian, including sales calls into [ ** ] accounts, and (iv) give Nortel Networks access to its customers within Talarian's reasonable discretion; and Nortel Networks agrees that it will, to the extent reasonable, (i) recommend Talarian products to its customers as the preferred financial middleware solution, (ii) give its customers that are [ ** ] information about Talarian products, (iii) provide Talarian with advance notice of its scheduled sales calls and allow Talarian to do joint sales calls with Nortel Networks, including sales calls into [ ** ] accounts, and (iv) give Talarian access to its customers within Nortel Networks' reasonable discretion.
Marketing Exclusivity a. The payment of the Retainer thereby grants to Client the right to exclusively market the Finished Good Product during the period of time that the Developer is utilized as the sole contract manufacturing supplier to manufacture Finished Good Product.
b. The parties agree that once the Formulation Ownership Transfer has occurred, then the Client may utilize and market the Finished Good Product in any manner it desires.
Marketing Exclusivity. Subject to the rights granted pursuant to the Preexisting Agreements as set forth in Exhibit C and defined in Section 15.7 below, University grants to Bank marketing exclusivity within the Services category to Constituents and at facilities and to organizations that are under the control or authority of the University or affiliates that have agreed to be bound by this Agreement, in each case, excluding the Excluded Campuses. Rights include all marketing and promotional rights related to the University, and its individual schools. The marketing exclusivity granted in this Agreement to Bank shall serve to prohibit the University from contracting with any other Services provider, except as expressly permitted herein. The University shall prohibit, in any agreement or lease with a vendor or tenant, such vendors or tenants from permitting any activity by another financial institution which is competitive with Bank’s program on the University’s ▇▇▇ Arbor campus or Michigan Medicine facilities (excluding the Excluded Campuses).
Marketing Exclusivity. (a) During the Exclusive Co-Marketing Term, or such longer period as may be mutually agreed by the Parties, each Party shall use good faith efforts to promote the
(b) Combined Platform with Third Parties who express an interest in Antibody-drug conjugates pursuant to the terms of this ARTICLE 3.
(c) During the Exclusive Co-Marketing Term, Adimab shall not promote to existing or potential Third Party customers an Antibody-drug conjugate technology platform other than that provided by [***].
(d) During the Exclusive Co-Marketing Term, Mersana shall not promote to existing or potential Third Party customers an Antibody discovery or Antibody optimization technology, other than those provided by [***].
(e) Notwithstanding the obligations set forth in this ARTICLE 3, at a Third Party’s request, each Party may provide Antibodies, in the case of Adimab, or Antibody-drug conjugation technology, in the case of Mersana, to Third Parties without entering into a Third Party Collaboration. For clarity, each Party shall have the right to (i) work with other providers of Antibody-drug conjugation technology, in the case of Adimab, or of Antibodies, in the case of Mersana, and (ii) inform Third Parties that the relationship between the Parties is one of preferred partners but not an exclusive partnership. For example, it is anticipated that if a Third Party inquires to either Party regarding Antibody-drug conjugation technology, such Party would respond to such inquiry by initially promoting the Combined Platform to such Third Party (including providing Validation Program Data, if appropriate), but if the Third Party expresses concern regarding the Combined Platform for any reason or otherwise indicates that [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. it does not wish to use the Combined Platform, such Party would inform such Third Party that such Party is free to work with technologies other than the Combined Platform to discover and develop an Antibody-drug conjugate for such Third Party.
(f) The restrictions set forth in this Section 3.7 shall not apply to any agreements entered into prior to the Effective Date.
Marketing Exclusivity. The term “
Marketing Exclusivity. Organizer hereby engages Visit Orlando, and Visit Orlando hereby accepts such engagement, each subject to the terms and conditions set forth in this Agreement, to be the sole destination marketer at the Events. Organizer represents, warrants, covenants, and agrees that Visit Orlando is and will be the Events’ sole marketer in the destination/location category.
Marketing Exclusivity. Market exclusivity provisions under the FDCA can delay the submission or the approval of certain marketing applications. The FDCA provides a five-year period of non-patent marketing exclusivity within the United States to the first applicant to obtain approval of an NDA for a new chemical entity. A drug is a new chemical entity if the FDA has not previously approved any other new drug containing the same active moiety, which is the molecule or ion responsible for the action of the drug substance. During the exclusivity period, the FDA may not approve or even accept for review an abbreviated new drug application, or ANDA, or a NDA submitted under Section 505(b)(2), or 505(b)(2) NDA, submitted by another company for another drug based on the same active moiety, regardless of whether the drug is intended for the same indication as the original innovative drug or for another indication, where the applicant does not own or have a legal right of reference to all the data required for approval. However, an application may be submitted after four years if it contains a certification of patent invalidity or non-infringement to one of the patents listed with the FDA by the innovator NDA holder. The FDCA alternatively provides three years of marketing exclusivity for an NDA, or supplement to an existing NDA if new clinical investigations, other than bioavailability studies, that were conducted or sponsored by the applicant are deemed by the FDA to be essential to the approval of the application, for example new indications, dosages, or strengths of an existing drug. This three-year exclusivity covers only the modification for which the drug received approval on the basis of the new clinical investigations and does not prohibit the FDA from approving ANDAs or 505(b)
Marketing Exclusivity. In order for the Antry Group to be able to properly fulfill its responsibilities and perform its obligation. under the marketing agreement, it is necessary that TEXOIL deal exclusively with The Antry Group for all marketing services involving TEXOIL securities during the term of the relationship. TEXOIL will work solely with The Antry Group in this respect and will not take any actions which would contravene or hinder the ability of The Antry Group to exclusively market the TEXOIL securities. The Antry Group will be the sole supplier of the services included within the marketing agreement and will be the sole provider and Organizer of the network of wholesalers, brokers and dealers for the sale of the TEXOIL securities.
Marketing Exclusivity. In the event that during the three year period commencing with the date upon which both parties have released to the market one or more OEM Products, and ending exactly three years later, Agilent is found, by an independent auditor to be mutually agreed upon and retained at Agilent's expense to have generated three times or more gross revenue from OEM products than Supplier during the same time period, provided that Agilent sells at least $10 Million in gross revenues of NVE isolators during the three year period, Supplier shall grant Agilent an exclusive right to sell OEM products for an indefinite period, which right shall commence 90 days after the notice of the independent auditor. Parties shall not sell artificially high levels of product to distributors in order to influence the revenue measurements of this provision, nor will product stock held by distributors be counted as sales for the purposes of this provision. As part of this right, if granted, Supplier shall provide to Agilent as soon as commercially reasonable, all materials that would reasonable enable Agilent to fully exercise and enjoy the benefits of this right, including but limited to customer lists and all details of Supplier's OEM business since the Effective Date of this Agreement. Agilent agrees to make commercially reasonable efforts to market the OEM products under these circumstances. Absent such commercially reasonable efforts, Agilent's exclusive rights under this paragraph shall be revoked. In the event that Agilent fails to win this right of market exclusivity, the provisions of 13.1 shall remain in full force and effect.
Marketing Exclusivity. As of the Effective Date and at all times prior to Closing hereunder, Seller shall not, and shall not authorize or permit any of its Representatives (defined below) to, directly or indirectly: (a) offer for sale or negotiate in any manner for the sale or transfer of the Property with any third party; (b) solicit, initiate, or take any action to facilitate or encourage any inquiries or the making of any proposal from a person or group of persons other than Purchaser and its affiliates that may constitute, or could reasonably be expected to lead to, an Alternative Transaction (defined below); (c) enter into or participate in any discussions or negotiations with any person or group of persons other than Purchaser and its affiliates regarding an Alternative Transaction; (d) furnish any non-public information relating to the ▇▇▇▇▇▇▇▇ Rehabilitation Center or any of Seller's assets or businesses related thereto, or afford access to the assets, business, properties, books, or records of Seller pertaining to the ▇▇▇▇▇▇▇▇ Rehabilitation Center to any person or group of persons other than Purchaser and its Representatives, in all cases for the purpose of assisting with or facilitating an Alternative Transaction; or (e) enter into an Alternative Transaction or any agreement, arrangement, or understanding, including, without limitation,