AS TO PREVIO COMPETITOR Sample Clauses

AS TO PREVIO COMPETITOR. Subject to the early termination provisions set forth in this Section, and conditioned upon Previo's timely making the Royalty Fee prepayments contemplated in Section 9.2.3 and Schedule 3, for a period commencing on the Contract Date and terminating on a date which is two (2) years after the Acceptance Date, Miramar agrees that it will not provide the Modified Product or a modified version of the Product to one of Previo's competitors, [...***...]. Previo may, at its option, extend the term of the restriction as set forth in this Section by making the further prepayments of the Royalty Fee described in Schedule 3. Notwithstanding the foregoing, however, upon the expiration of one (1) year after the Acceptance Date, Miramar shall have the right to terminate the restrictions of this Section 13.2 effective at the end of any calendar quarter (including upon the expiration of the first year after the Acceptance Date) by notifying Previo at least five (5) days prior to the date on which Previo is required to make a Royalty Fee prepayment for the subsequent quarter of Miramar's desire to terminate the restrictions of this Section 13.2 In this event, Miramar shall promptly return to Previo any then unused prepaid Royalty Fees. The restrictions of this Section 13.2 shall expire and lapse automatically and immediately in the event that Previo elects not to make, or fails to make, any Royalty Fee prepayment as required or permitted by Section 9.2.3 and Schedule 3. Once the restriction set forth in this Section 13.2 has expired, lapsed or terminated, however, it may not be revived without the express written consent of Miramar.
Sample 1
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Related to AS TO PREVIO COMPETITOR

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