Period of Exclusivity Clause Samples
The Period of Exclusivity clause establishes a defined timeframe during which one party is granted exclusive rights to negotiate, purchase, or otherwise engage in a specified transaction with the other party. Typically, this means that during the exclusivity period, the seller or provider cannot solicit or accept offers from third parties regarding the same subject matter. For example, in a business acquisition, the seller may agree not to negotiate with other potential buyers for 60 days while the buyer conducts due diligence. This clause's core function is to protect the investing party's time and resources by ensuring they have a fair opportunity to finalize the deal without competition during the agreed period.
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Period of Exclusivity. The Author hereby grants BCHF the exclusive right to publish the Article in the Journal for a period beginning when this Agreement is executed and terminating twelve (12) months after publication in the print version of the Journal (the “Exclusivity Period”). During the Exclusivity Period, the Author hereby agrees not to publish the Article, or any substantially similar article, in any other location whatever until the termination of the Exclusivity Period.
Period of Exclusivity. Except with respect to the Acquiring Entities, during the period commencing on the date of this Agreement and ending on the earliest to occur of (a) the final Closing or (b) termination of this Agreement in accordance with Section 10.2, none of the Selling Entities shall provide, and each of the Selling Entities will cause its respective directors, officers, employees and other representatives not to provide, any information with respect to, or participate in any discussions concerning, any corporate transaction relating to a sale or transfer (directly, indirectly or by operation of law) of any or all of the Acquired Assets, any merger or corporate reorganization relating to all or any of the Acquired Assets or any other significant corporate transaction involving any of the Acquired Assets.
Period of Exclusivity. If the development undertaken by the Proposing Party results in (i) an additional period of legal and de facto exclusivity for either Product as a whole or (ii) the issuance of a new patent for such New Indication or Line Extension developed through such development resulting in legal and de facto exclusivity for such New Indication or Line Extension, then the Proposing Party also shall be entitled to [*] for additional development determined by the Finance Committee, which shall not be less than [*] nor more than [*] of Net Sales of such Product in Territory A attributable to the New Indication or Line Extension. [*] shall be payable in accordance with Article 5 hereof (x) after the date legal or de facto exclusivity of such Product would otherwise have ended until the date on which the legal or de facto exclusivity obtained as a result of the sole development terminates (whichever terminates first), in the case referred to in clause (i) above, and (y) during the life of the relevant patent, in the case referred to in clause (ii) above. This [*] shall not exceed [*] of Net Sales of such Product in Territory A, even if the conditions in both clauses (i) and (ii) above are satisfied, and shall not be reduced even if the Other Party exercises its right under Section 7.4 hereof to reverse its election not to participate in such development.
Period of Exclusivity. 1.1 In consideration of the mutual promises set out in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and if and so long as NiQuan complies with its obligations herein but subject always to clauses 3.1 and 3.3 hereof, neither the Company nor anyone acting for or on behalf of the Company shall during the period specified in clause 1.2 below (“the Exclusivity Period”):
1.1.1. Solicit, initiate, encourage or seek out any offers or other proposal for the sale and purchase of the Charged Assets and, accordingly, shall withdraw all offers of the Charged Assets as of the date of the Agreement for sale including removal of particulars of advertisement for the sale of the Charged Assets from any website or other publication;
1.1.2. allow any prospective buyer to view or have access to, or give information on the Charged Assets to any prospective buyer;
1.1.3. negotiate or agree with anyone other than NiQuan any terms for the sale of the Charged Assets or investment in the Charged Assets or any commitment to proceed with the sale, lease, disposal or development of the Charged Assets; or
1.1.4. hold discussions or enter into any commitment with any other party to proceed with the sale or investment in or otherwise to deal with the Charged Assets immediately after the expiry or termination of this Agreement
Period of Exclusivity. Either Party may
Period of Exclusivity. Either party may:
(a) at any time after a dispute referred to arbitration hereunder has been outstanding for 20 Business Days, calculated from the day the initial notice of dispute in respect thereof is given, commence proceedings in the Supreme Court of British Columbia to have the dispute determined therein, whereupon all arbitration proceedings will terminate except that no such proceedings may be commenced unless such party has determined, acting reasonably and in good faith, that such Court proceedings are reasonably likely to resolve the matter in dispute in a manner that is more timely or less costly, or both, than would be the case if the arbitration proceeding continued; or
(b) during any arbitration hereunder apply to a court of competent jurisdiction for any remedy that is beyond the jurisdiction of the arbitrator to grant and which a party reasonably requires in order to maintain its rights under this Agreement.
Period of Exclusivity. The restrictions contained in Section 7 shall apply to Consultant and ▇▇▇▇▇ only during the Consulting Term; provided, however, that if this Agreement is terminated at the election of the Company pursuant to Section 4(c) and the Company makes payment to Consultant in accordance Section 5(b), the restrictions contained in Section 7 shall continue to apply to Consultant and ▇▇▇▇▇ through the fourth anniversary of the Effective Date.
Period of Exclusivity. The Framework Agreement provides that ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ shall not, without the written consent of the Company, directly or indirectly discuss, negotiate, communicate, consult, confer with, talks or sign any memorandum of understanding, letter of intent, agreement, arrangement or similar legally binding document (whether legally binding or not) with any third party other than the Company, or continue or allow any such negotiation or arrangement to continue for any period of time between the date of signing of the Framework Agreement and the date of delivering the formal agreement, if any, ninety (90) days from the date of signing of the Framework Agreement or such later date on which the parties may otherwise agree in written or otherwise, whichever is the later. It is stated on the Framework Agreement that the Framework Agreement will not create legally binding obligations on both parties thereto, except for terms related to the period of exclusivity, confidentiality, due diligence and other boilerplate clauses.
Period of Exclusivity. 56 5.12 Noncompetition......................................................57 5.13
Period of Exclusivity. In order to establish a period of exclusivity for the Licensee, the University hereby agrees that it shall not grant any other license to make, have made, use, lease, sell and distribute the Technology, the Patent Rights, the University Improvements or the Licensed Products or to utilize Licensed Processes in the Territory for the Field of Use during the period of time commencing the Effective Date and terminating upon expiration of any patent issued on a country by country basis.