Appointment and Exclusivity. 1.01 The City hereby designates, appoints and authorizes BFM to be the only renter of the designated space included as Attachment 1 as agreed upon Saturday morning times. BFM hereby accepts such appointment and agrees to discharge its responsibilities as provided herein during the term of this Agreement. It is agreed and understood, however, that the City remains the owner of the property.
Appointment and Exclusivity. 4.1 The cidb hereby appoints the service provider to provide Goods or Services in accordance with the cidb’s terms and conditions of this Agreement and best practices, and the service provider agrees to and accepts such appointment.
4.2 Notwithstanding the above, the cidb reserves the right to appoint or terminate the service provider as and when the services are not required.
Appointment and Exclusivity. Subject to the terms and conditions set forth in this Agreement, Manufacturer hereby appoints Distributor as its exclusive worldwide distributor of the Products. Distributor accepts the appointment as Manufacturer’s exclusive worldwide distributor of the Products and agrees to buy for resale, upon the terms and conditions set forth herein, the Products in such quantities as Distributor shall need to properly service the market. Manufacturer represents and warrants that the appointment of and sale of the Products to Distributor under this Agreement does not violate any obligations or contracts of Manufacturer. As a condition of exclusivity, Distributor agrees not to represent or sell other products, which Manufacturer may reasonably determine to be competitive with the Products, without written approval from Manufacturer. For purposes of clarification, during the term of this Agreement, Manufacturer will not directly or indirectly sell any Products to any person (Retail Customer or Non-Retail Customer) other than to Distributor.
Appointment and Exclusivity. Subject to the terms and conditions of this Agreement, HORN hereby grants Elite the exclusive right to use Outlast to formulate into the Product and sell the Product in the Market in the U.S. Territory and the International Territory. HORN will not knowingly permit or allow Outlast to be used in any other bulk functional beverage RTD products in the Market or in the U.S. Territory or the International Territory.
Appointment and Exclusivity. 3.1 The Company hereby appoints the Service Provider D and the Service Provider D hereby agrees to act as service provider for the Company in respect of the Services subject to the terms and conditions herein provided.
3.2 The Service Provider D will act for, and provide the Services to, the Company on an exclusive basis.
3.3 The Service Provider D shall not provide the Services to any person other than the Company.
Appointment and Exclusivity. 1.1 Curetis hereby appoints Distributor as its exclusive distributor for the products of Curetis described in Attachment 1.1 (A) (hereinafter the “Products”) in the countries described in Attachment 1.1 (B) (hereinafter the “Territory”), subject to the provisions of this Agreement; Distributor hereby accepts such appointment.
1.2 Distributor shall purchase the Products exclusively from Curetis and resell them to third parties in the Territory in his own name and on his own account, except as otherwise stated herein.
1.3 Distributor shall not act as agent of Curetis, shall not represent Curetis in any way whatsoever and shall have no authority whatsoever to enter into any obligations on behalf of Curetis, unless the Parties stipulate such right in writing.
1.4 Distributor shall not actively offer or sell, directly or indirectly, Products outside the Territory. ln particular Distributor shall not approach customers outside the Territory for instance by mail or e-mail, facsimile, visits, through advertisements in media or other promotions specifically targeted at customers outside the Territory. Passive sales outside the Territory shall, however, be permissible. Distributor shall neither establish branch offices nor keep any distribution warehouse outside the Territory for the sale of the Products. As far as member states of the European Economics Area (“EEA”) are concerned, the restrictions under this Section 1.4 apply only to the extent that the active sales are prohibited in those territories, to which Curetis has exclusively allocated other distributors or which it has reserved for itself. Curetis will inform Distributor about such areas. As far as countries outside of the EEA are concerned all exports are prohibited.
1.5 Distributor shall not order, be supplied with or distribute, directly or indirectly, the Products or any products directly competing with the Products from any other party than Curetis during the entire term of this Agreement as set forth in Section 21.1 below, however, not exceeding a maximum period of five (5) years following the conclusion of this Agreement.
1.6 Curetis shall be entitled to sell the Products directly to the customers in the Territory listed in Attachment 1.5 (hereinafter the “Direct Sales Customers”).
1.7 In addition, Curetis may participate in all relevant fairs and exhibitions in the Territory in order to promote the Products and Curetis’ trademark in cooperation with Distributor. In addition, Curetis reserves the r...
Appointment and Exclusivity. 1.01. BISA agrees to operate Spring and Fall soccer leagues for both youth and adult players in the City of Xxxxxxxx (BISA Leagues) each year and to maintain the Soccer Facilities in accordance with the provisions of this Agreement for the term of this Agreement.
1.02. City agrees to make available to and reserve to BISA the use of the Soccer Facilities to operate the BISA Leagues and to cooperate with BISA in the maintenance of the Soccer Facilit ies and the Park in accordance with the terms of this Agreement for the term of this Agreement. City agrees not to authorize the use of the Soccer Facilities by any person or entity other than BISA to operate any youth or adult soccer leagues or tournaments during the term of this Agreement without BISA's consent.
1.03. City and BISA agree that City remains the owner of all real property and improvements in the Park, including the Soccer Facilities. This Agreement does not convey any right, title or interest in the real estate where the Park is located to BISA.
Appointment and Exclusivity. AGS shall be a non-exclusive distributor of the Products as set forth in Exhibit A. AGS shall be the exclusive distributor to those customers that are, from time to time, added to and set out in Exhibit B and shall continue as an exclusive customer so long as AGS sells Products to said customer within one year of identification. While a distribution agreement remains in effect, ASTI will not, directly or indirectly, sell the Products to AGS's customers and will not permit anyone, either directly or indirectly, to sell Products to AGS's customers without AGS's express permission.
Appointment and Exclusivity. 1.1 EU hereby grants DGPC exclusive distribution rights to EU’s pasta and rice (hereinafter referred to as Products) in the United States of American and Canada (hereinafter defined as the Territory), except as defined in Article 1.5.
1.2 Sales to DGPC will be effected through DGPC’s designated importer, Sinco, Inc. (hereinafter referred to as Sinco), whose principal offices are located at 000 Xxxxxxxx Xx. Xxxxxxx, Xxxxxxxxxxxxx XXX. Pricing and terms of the sale of EU’s products to DGPC by Sinco are covered by a separate agreement between Sinco and DGPC, a copy of which will be on file with DGPC, Sinco and EU.
1.2.1 Any breach for cause of the agreement between Sinco and DGPC will neither cancel nor reduce DGPC’s obligations towards EU as stated in this contract. This is to underline the reciprocal commitments between DGPC and EU.
1.3 For the duration of this Agreement, DGPC will not distribute within the Territory any same Products manufactured in Italy by any supplier other than EU, unless agreed to by EU in advance and in writing.
1.4 EU will not distribute Products in the Territory, either directly or indirectly, to or through any other company other than DGPC.
1.5 EU currently supplies private label Italian pasta to Trader Joe’s, a California grocery chain (hereinafter referred to TJ). TJ’s business with EU is covered by a separate contract with a separate U.S. importer which grants them exclusive rights to import and distribute EU’s pasta to TJ. This contract is valid through??. DGPC will refrain from offering Italian pasta to TJ from EI or from any other Italian pasta manufacturer while the EU’s contract with their TJ pasta importer remains in force. DGPC is free to sell their own U.S. produced pasta to TJ. TJ is the only exception to DGPC’s exclusive distribution rights in the Territory.
1.6 DGPC will distribute Products under customer private brands, DGPC’s brand or brands, and or EU’s brand or brands. EU will retain the trademarks for their own brands, but grants DGPC the exclusive right to use EU’s brand sin the Territory. Should the Parties decide to market a new brand for EU’s Products in the Territory, DGPC and EU will equally own such brand.
1.7 DGPC will distribute to retail stores, foodservice distributors, restaurant chains, and food manufacturers.
1.8 Distribution of EU’s rice by DGPC in the Territory will be subject to terms and conditions stated in a separate agreement which the Parties undertake to prepare within 90 days from the sig...
Appointment and Exclusivity. 1.01 FWMBA agrees to maintain the Trails in accordance with the provisions of this Agreement for the term of this Agreement.
1.02 City agrees to cooperate with FWMBA in the maintenance of the Trails and the Park in accordance with the terms of this Agreement for the term of this Agreement.
1.03 City and FWMBA agree that City remains the owner of all real property and improvements in the Park, including the Trails. This Agreement does not convey any right, title, or interest in the real estate where the Park is located to FWMBA.
