Appointment of Dealer. Subject to the conditions and provisions of this Agreement, Seller:
Appointment of Dealer. Boston Whaler hereby appoints Dealer as a dealer for the retail sale, display, and servicing of all Boston Whaler product(s), parts and accessories (hereinafter “Product” or “Products”) as identified in the Defined Terms and subject to Boston Whaler’s then current policies and programs applicable to all domestic Boston Whaler dealers selling comparable Products, from the authorized Dealer Location(s) identified in the attached Exhibit A, which Products shall be purchased only from Boston Whaler or an authorized Boston Whaler dealer located in the country in which Dealer is located. Dealer Locations are set forth in the Defined Terms and Exhibit A. During the Term of this Agreement, Boston Whaler shall not appoint other dealers to sell Products from a dealer location within the Territory set forth in the Defined Terms; provided, however, that (i) Boston Whaler reserves the right to modify the Territory or appoint other dealers to sell, display and service Product from dealer locations within the Territory at any time if Dealer closes a Dealer Location without prior written notice to Boston Whaler and prior written approval thereof by Boston Whaler, which approval shall not be unreasonably withheld upon a review by Boston Whaler of Dealer’s abilities to perform the Agreement obligations and as further provided in Section 2, and (ii) Boston Whaler shall have the right to appoint other dealers to sell, display and service Product from dealer locations within the applicable Territory to replace Dealer Locations to which this Agreement no longer applies as a result of the termination of this Agreement as to a specific Dealer Location pursuant to this Section 1 or Section 16 hereof. In addition, notwithstanding the provisions of Section 16D of this Agreement, Boston Whaler shall have the right to appoint other dealers to sell, display and service Product from dealer locations in Dealer’s Territory (related to the applicable Dealer Location(s)) if a Dealer Location (i) sells, displays, or advertises products that are competitive with the Products (other than products of another Brunswick Corporation brand), including without limitation, products of Scout, Xxxxx Xxxxx, Everglades, Edgewater, or Pursuit, (ii) is failing to meet the Performance Standards for reasons other than failure by Boston Whaler to have Product available for purchase, and (iii) does not cure its failure to meet the Performance Standards within sixty (60) days (or six (6) months, if applicable, ...
Appointment of Dealer. BMW NA appoints Dealer as a dealer of BMW Products. Subject to the terms of this Agreement, Dealer is granted the non-exclusive right to buy BMW Products. Dealer accepts such appointment and agrees to be bound by this Agreement. While dealer recognizes that its performance will be primarily measured based upon its activities in its Primary Market Area, Dealer agrees that this appointment does not confer upon it the exclusive right to deal in BMW Products in any specific geographic area within the 50 United States, nor does it limit the persons within the 00 Xxxxxx Xxxxxx to whom Dealer may sell BMW Products for use therein. Dealer agrees that it will not sell BMW Products for resale or use outside the 00 Xxxxxx Xxxxxx. Dealer further agrees to abide by any Export Policy established by BMW NA. Dealer acknowledges that BMW NA reserves the right to appoint additional dealers, whether located near Dealer's location or elsewhere, as BMW NA in its sole discretion deems necessary or appropriate. BMW NA agrees that it will not explore additional representation without first conferring individually with the BMW Dealer(s) surrounding the proposed location to determine whether other alternatives to additional representation are satisfactory to BMW NA. If a decision is made to proceed with establishment of additional representation, BMW NA will provide such BMW Dealer(s) no less than thirty (30) days written notice of such decision.
Appointment of Dealer. The Company hereby appoints the Dealer to be a non-exclusive dealer in respect of the Notes and the Dealer accepts such appointment subject to the terms and conditions set forth herein. Although (a) the Company has and shall have no obligation to permit the Dealer to purchase any Notes or arrange any sale of Notes for the account of the Company, and (b) the Dealer has and shall have no obligation to purchase any Notes or arrange any sale of Notes for the account of the Company, the parties hereto agree that any purchase of Notes by the Dealer and any sale of Notes arranged by the Dealer will be effected in reliance on, among other things, the representations, warranties, covenants and agreements of the Company contained herein or made pursuant hereto and on the terms and conditions and in the manner herein. From time to time, the Company shall give the Dealer prior written notice of the entity serving as the issuing and paying agent for the Notes (the “Issuing and Paying Agent”). The appointment of the Dealer hereunder is non-exclusive; and, without limiting the generality of the foregoing: (i) the Company currently has appointed, and may at any time or from time to time appoint, one or more other dealers for the Notes; and (ii) the Company may at any time or from time to time sell Notes directly to investors.
Appointment of Dealer. Regal hereby appoints Dealer as its authorized dealer for the retail sale, display and servicing of the following Regal product(s) and repair parts (hereinafter "Products")*: Product Dealer Regal Sport Boat Sport Cruiser * Both parties are to initial the product descriptions to be included in this Agreement. The following geographic area (typically described by county) will be the primary "Marketing Area" into which Dealer will promote, sell and service Products (if not described, the Marketing Area is the area local to Dealer) solely from the dealer location(s) contained in the Marketing Area:
Appointment of Dealer. Porsche hereby appoints DEALER as an Authorized Porsche dealer and grants to DEALER the non-exclusive right to purchase PORSCHE PRODUCTS for resale to consumers in accordance with, and subject to, the provisions of this Agreement. DEALER hereby accepts such appointment and agrees to perform the duties, obligations, and responsibilities of an Authorized Porsche dealer as herein provided. DEALER acknowledges that its appointment as an Authorized Porsche dealer does not grant it an exclusive right to sell PORSCHE PRODUCTS in any specified geographic area or limit the rights of Porsche, subject to applicable law, to appoint other authorized Porsche dealers at any locality of Porsche's choice.
Appointment of Dealer. Subject to the conditions and provisions set forth in this Agreement, Distributor hereby:
Appointment of Dealer. Distributor appoints Dealer to facilitate the distribution of Shares under the Agreement, and Dealer duly accepts such appointment. Dealer shall offer and sell Shares only in accordance with the terms and conditions of the relevant Interval Fund’s current prospectus (“Prospectus”). All references to “Funds” in the Agreement, to the extent not otherwise inconsistent with this Appendix A or applicable law, shall apply equally to Interval Funds.
Appointment of Dealer. 2.1. HUGE appoints the Dealer as a non-exclusive Dealer in the territory to sell the products and the Dealer accepts such appointment on the terms and conditions set out hereunder.
Appointment of Dealer. Dealer wishes to serve as an independent Subscribing Dealer (hereinafter referred to as “Representative”) for Company, its products and services. Company hereby appoints Dealer as a Representative to solicit subscriptions for Company’s Service.
