New Product Lines Clause Samples

New Product Lines. (a) During the Initial Exclusivity Period, AES shall have a right of first refusal to enter into a Statement of Work for the exclusive development of New Product Lines as contemplated in Section 2.1 (the "RoFR Period"). A123 shall provide AES notice if, at any time during the Exclusivity Period, it receives an offer from a Third Party to develop and sell a New Product Line, including the material terms of such offer. AES shall then have the right for a period of [**] to elect to participate in the exclusive development and purchase of such New Product Line with A123 on the same terms as those set forth in the offer. If AES elects to participate, AES shall be entitled to exclusivity with respect to any such New Product Line if it places Purchase Orders with A123 within the RoFR Period that represent orders for at least [**] percent ([**]%) of the total, qualified market for such New Product Line as reflected in bona fide written offers received by A123. If the right of first refusal has been exercised by AES with respect to any New Product Line in accordance with the [**]% threshold, then A123 shall sell such New Product Line exclusively to AES for an initial exclusivity period of no less than one (1) year (the specific period to be mutually agreed in writing) and, after the foregoing initial exclusivity period, for so long as A123 agrees to receive Exclusivity Payments under Section 4.3 (in the same manner as is contemplated in Section 3.4(a) with respect to Grid Service Systems). If the right of first refusal has not been exercised with respect to any New Product Line as described above, then A123 shall be free to sell such New Product Line to other users or manufacturers except for those classes of Grid Service Systems for which A123 is receiving Exclusivity Payments under Section 4.3. (b) Notwithstanding subparagraph (a) above, at any time during the Exclusivity Period, AES shall have the right to initiate discussions with A123 regarding the development of New Product Lines, including but not limited to AES's rights to exclusive development and purchase of any such New Product Line product. If AES initiates such discussions, A123 shall negotiate exclusively with AES in good faith for a period not to exceed [**] unless otherwise mutually agreed, but shall be under no obligation to enter into definitive agreements with AES.
View SourceView Similar (3)
New Product Lines. Upon written request by the successful proposer, new related product lines not available at the time of proposal bidding, may be added during the course of any agreement resulting from this RFP at like
View SourceView Similar (2)
New Product Lines. ▇▇▇▇▇▇ & ▇▇▇▇▇ shall continually expand and introduce new product lines that appeal to customers including, but not limited to; students, faculty, staff, alumni, visitors, and fans, and generate traffic into the Bookstore.
View Source
New Product Lines. The COMPANY shall continually expand and introduce new product lines that appeal to customers (i.e., students, faculty, staff, alumni, visitors, etc.) and generate traffic into the website.
View Source
New Product Lines. AppHarvest aspires to develop a leading fruit and vegetable brand widely known for its sustainable practices. The company plans to leverage its strong mission to build an iconic brand recognized and revered by a loyal customer base that values a sustainable homegrown food supplier. The company also considers the development of value-added products to be key to its long-term growth strategy with value-added defined as being beyond the traditional fresh vegetable offerings of tomatoes on the vine and beefsteak tomatoes, and which could include items such as tomato paste, salsa, tomato sauces and ketchup. AppHarvest also plans to evaluate opportunities to develop lines of co-branded fresh food and snacking products. AppHarvest may not be successful in its efforts to expand into value-added and co-branded products, or may invest in product opportunities that are not ultimately successful or profitable. AppHarvest has no experience in developing or manufacturing value-added products and may not be able to develop or hire the expertise needed to expand into this field in an efficient and profitable manner. By developing co-branded products, AppHarvest also faces risks around aligning its brand with that of a third party over which it may have limited or no control. AppHarvest may not be able to implement its growth strategy successfully. AppHarvest’s sales and operating results will be adversely affected if it fails to implement its growth strategy or if it invests resources in a growth strategy that ultimately proves unsuccessful. AppHarvest has agreed not to compete with ▇▇▇▇▇▇▇▇▇▇▇ outside of Kentucky and West Virginia, which includes the businesses of growing, harvesting, packaging, distributing or selling fresh produce, subject to certain exceptions for fresh produce that is grown in Kentucky or West Virginia. Although AppHarvest is currently focused on building greenhouses in Central Appalachia, if it desired in the future to build or operate facilities outside of Kentucky or West Virginia that were competitive with ▇▇▇▇▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇▇▇▇▇ Morehead Agreement requires AppHarvest to obtain ▇▇▇▇▇▇▇▇▇▇▇’▇ consent before doing so. If ▇▇▇▇▇▇▇▇▇▇▇ withholds such consent for any reason, this could have the effect of restricting certain business opportunities outside of Kentucky and West Virginia during the term of the non-compete provision. The non-compete provision runs for ten years from the date of a first commercial harvest from the Morehead Facility and ...
View Source
New Product Lines. To ensure our goods-in team can prepare for your shipments, you agree to provide complete details of each new SKU you wish to stock with us. These details should be provided in the specified format (a template for which is available within Control Port) at least 48hrs before you send us the stock. You agree that all goods sent to us will meet the requirements of our Goods In Guidelines, which are available online in ControlPort. This includes (but is not limited to) making sure: ● That goods supplied are safely and suitably packed in sturdy boxes ● You let us know when deliveries are expected to arrive by booking them in via ControlPort ● Loose fill (eg, polystyrene peanuts) is not used ● That there is reasonably detailed and accurate paperwork accompanying the shipment ● That each box within a consignment is clearly labelled as to its contents, including a batch code and BBE date where appropriate ● That goods are not contaminated with any substance ● That all items are barcoded and that each product has a unique barcode We ask that you help us to help you. You can do this by: ● Sending all queries by support ticket in the first instance to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ● Providing enough detail within support tickets to allow us to properly investigate ● Reading FAQs and articles like this to find out the basics ● Allowing us reasonable time to respond before calling to chase progress ● Prioritising your requests - e.g. instead of writing “URGENT” in the subject, phoning us when it’s actually urgent! ● Allocate points of contact in your company so we know who to deal with and can have one, clear conversation ● Tell us when you aren't happy - otherwise we can’t fix things for you. ● Remaining professional and respectful towards our staff at all times - we will cease to provide assistance if calls or emails become abusive.
View Source

Related to New Product Lines

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.