Appointment as Distributor Sample Clauses
The 'Appointment as Distributor' clause formally designates one party as the authorized distributor of certain products or services within a specified territory or market. This clause typically outlines the scope of the distributor's rights, such as whether the appointment is exclusive or non-exclusive, and may detail the products covered and the duration of the appointment. By clearly defining the distributor's role and authority, this clause helps prevent disputes over sales rights and ensures both parties understand their respective obligations and expectations.
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Appointment as Distributor. Subject to the terms and conditions of this Agreement, the Company hereby appoints you as its distributor for the purpose of offering the Notes for sale on a continuous basis, unless such offering of Notes is terminated by the Company. On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, you hereby accept such appointment. In this capacity you will act as the Company’s agent and follow the Company’s written or oral instructions in offering or soliciting purchases of the Notes on behalf of the Company. All sales or solicitations to purchase the Notes shall be subject to all applicable laws, rules and regulations.
Appointment as Distributor. Subject to the terms and conditions of this Agreement, Supplier hereby grants to Distributor, and Distributor hereby accepts from Supplier, the following rights and licenses:
A. The exclusive right and license to import, market and distribute the Massage Chair Products in the North America Territory during the term of this Agreement.
B. The exclusive right and license to import, market and distribute the Massage Chair Products in the Exclusive International Territory during the term of this Agreement.
C. The right and license to import, market and distribute the Massage Chair Products in the Remaining International Territory during the term of this Agreement.
D. The exclusive right and license to import, market and distribute the Perfect Chair Products in the Perfect Chair Territory during the term of this Agreement.
E. The right and license to import, market and distribute the Other Massage Products in the Perfect Chair Territory, except Asia, during the term of this Agreement.
Appointment as Distributor. Subject to the terms and conditions of this Agreement, Orphan Medical hereby appoints Celltech, and Celltech accepts such appointment, as Orphan Medical’s exclusive distributor of the Product in the Territory. During the Term of this Agreement, Celltech shall purchase all of its requirements of the Product from Orphan Medical as the sole supplier except as follows:
Appointment as Distributor. The Fund hereby appoints the Distributor as a general distributor of shares of beneficial interest of all Portfolios of the Fund now in existence or hereafter created (the "shares"). Nothing herein shall be construed to prevent the Fund from employing other general distributors of the shares or to prohibit the Fund from acting as distributor of its shares, and the Fund reserves the right to sell its shares to investors upon applications received by the Fund or its agents.
Appointment as Distributor. (a) The Fund hereby appoints the Distributor to act as its principal distributor of Shares in jurisdictions wherein Shares may legally be offered for sale.
(b) The Distributor accepts such appointment as principal distributor and agrees to render such services and to assume the obligations herein set forth for the compensation herein provided. The Distributor shall for all purposes herein provided unless otherwise specified be deemed to be an independent contractor and, unless expressly provided herein or otherwise authorized, shall have no authority to act for or represent the Fund in any way. The Distributor, by separate agreement with the Fund, may also serve the Fund in other capacities. The services of the Distributor to the Fund under this Agreement are not to be deemed exclusive, and the Distributor shall be free to render similar services or other services to others so long as its services hereunder are not impaired thereby. The Distributor represents that it is registered with the Commission as a broker or dealer under Section 15 of the Securities Exchange Act of 1934, as amended, and a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD").
(c) In carrying out its duties and responsibilities hereunder, the Distributor may, pursuant to separate written contracts, delegate its responsibilities as distributor to various brokers, dealers or other financial intermediaries selected by it as selling agents (each, a "Selling Agent") to provide advertising, promotion and other distribution services contemplated hereunder directly to or for existing and potential shareholders who may be clients of such Selling Agents; provided that the Distributor will not delegate its duties to any Selling Agent that is not authorized to distribute Shares under applicable law. Such Selling Agents shall at all times be deemed to be independent contractors retained by the Distributor and not the Fund.
(d) The Distributor shall use its best efforts with reasonable promptness to sell such authorized Shares of the Fund remaining unissued as from time to time shall be effectively registered under the 1933 Act and offered by the Fund, at prices determined as hereinafter provided and on terms hereinafter set forth, all subject to applicable federal and state laws and regulations and to the Fund's Registration Statement and the amended and restated agreement and declaration of trust ("Agreement and Declaration of Trust") and by-laws ("By-Laws"...
Appointment as Distributor. (a) Subject to the terms and conditions of this Agreement, the Fund hereby appoints the Distributor as its exclusive distributor in connection with the distribution of the Shares to brokerage customers of the Distributor, and the Distributor hereby accepts such appointment.
(b) The Distributor agrees to use its best efforts to offer and sell Shares to investors that the Distributor reasonably believes meet the eligibility requirements set forth in the Registration Statement.
(c) The Fund, the Investment Adviser and/or any administrator or transfer agent appointed by the Fund or the Investment Adviser (the “Administrator”), in its or their sole discretion, may return to the Distributor any Subscription Agreement that is not completed to its or their satisfaction and the Fund shall be under no obligation to accept any Subscription Agreement.
(d) The Distributor acknowledges that Shares will be offered and sold only as set forth in the Registration Statement including, without limitation, pricing of Shares, handling of investor funds, subscription dates and investor eligibility standards.
(e) The Fund may suspend or terminate the offering of the Shares at any time as to specific classes of investors, as to specific jurisdictions or otherwise. Upon notice to the Distributor of the terms of such suspension or termination, the Distributor shall suspend solicitation of subscriptions for Shares in accordance with such terms until the Fund notifies the Distributor that such solicitation may be resumed.
(f) It is acknowledged and agreed that the Distributor is not obligated to sell any specific number of Shares or to purchase any Shares for its own account. The Fund shall be entitled to appoint other distributors to distribute Shares to persons other than brokerage customers of the Distributor.
Appointment as Distributor. NetIQ hereby grants to Tech Data the non- -------------------------- exclusive right and license to distribute Products during the term of this Agreement within the Territory, together with any updates or enhancements to the Products and any new releases related to the Products. This license includes the right to order, possess and distribute the Products to Customers and to provide the Products to Customers for use on demonstration units. NetIQ and Tech Data acknowledge and agree that the license to use the Product is solely between NetIQ and the End User and is governed by the terms of the Vendor's standard use license enclosed with the Product. This Agreement does not grant NetIQ or Tech Data an exclusive right to purchase or sell Products and shall not prevent either party from developing or acquiring other vendors or customers or competing Products. Tech Data will use commercially reasonable efforts to promote distribution of the Products. NetIQ agrees that Tech Data may obtain Products in accordance with this Agreement for the benefit of its parent, affiliates and subsidiaries. Said parent, affiliates and subsidiaries of Tech Data shall be entitled to order Products directly from NetIQ pursuant to this Agreement.
Appointment as Distributor. BMS hereby grants, to NA, under the terms and conditions of this Agreement, the non-exclusive right to market, distribute and sell the terminally sterilized Technetium (Tc-99m) generators, Gallium Citrate Ga-67 Injection and Xe-133 gas products and accessory products hereafter identified on Exhibit A attached hereto (“Products”) in the ****, to include the ****. In addition BMS agrees to supply to NA Radiopharmacies in ****, solely for unit dose preparation in ****, those Tc-99m Generators, Ga-67 and Xe-133 Products listed on Exhibit A. NA Radiopharmacies in **** are defined as those entities in which NA has at least a ****% ownership position. In addition, BMS agrees to supply Products to those NA non-radiopharmacy accounts that are under contract on the date of this Agreement and listed on Exhibit F, until the expiration of such contract with the NA non-radiopharmacy account. Hereinafter, the term “Territory” shall refer to both **** and **** so described above.
Appointment as Distributor. The Contractor agrees to and shall solicit sales of the Products to those accounts identified by the Contractor that are or that may be interested in acquiring the Products.
Appointment as Distributor. Supplier hereby grants to ScanSource the non-exclusive right and license to distribute Products during the term of this Agreement within the Territory, together with any updates or enhancements to the Products and any new releases related to the Products. This license includes the right to order, possess and distribute the Products to Customers and to provide the Products to Customers for use as demonstration units. Supplier and ScanSource acknowledge and agree that any license to use the Product is solely between Supplier and the End User and is governed by the terms of the Vendor’s standard use license enclosed with the Product, and ScanSource shall have no right hereunder to use, copy, modify, reverse engineer, reverse compile or reverse assemble any Product except as expressly permitted by applicable law or this Agreement. This Agreement does not grant Supplier or ScanSource an exclusive right to purchase or sell Products and shall not prevent either party from developing or acquiring other vendors or customers or competing Products. ScanSource will use commercially reasonable efforts to promote distribution of the Products. Supplier agrees that ScanSource may obtain Products in accordance with this Agreement for the benefit of its affiliates and subsidiaries, provided that ScanSource remains responsible for all actions and liabilities of such entities.