Common use of Appointment of Manufacturer Clause in Contracts

Appointment of Manufacturer. (a) Subject to the other provisions of this Agreement, with respect to all Accepted P.O.'s (and only so long as such P.O. remains an Accepted P.O.) Contractor hereby appoints the Manufacturer as Contractor's exclusive source for acceptance of Materials at the Premises, performance of all manufacturing, processing and warehousing requirements with respect to the conversion of Materials into Products, and the delivery of Products to Customers, and the Manufacturer hereby accepts such appointment. Manufacturer agrees to perform all of its obligations pursuant to this paragraph 4 in a good and workmanlike manner, to utilize quality control procedures consistent with the standards of Manufacturer and the industry, and to otherwise comply with each of the Manufacturer's Specifications. (b) So long as any Materials or Products are located at the Premises or are scheduled for delivery to the Premises, Manufacturer agrees to warehouse all Materials and Products and, with respect to such warehousing obligations, Manufacturer agrees to perform in accordance with all of the Manufacturer's Specifications. (c) Manufacturer further agrees that with respect to Materials purchased by Contractor pursuant to (and in accordance with) a Certificate which are not (or cannot be) used in connection with the applicable Accepted P.O., upon Contractor's written notice: (i) Manufacturer shall purchase such Materials from Contractor within three (3) days following Contractor's notice for a purchase price equal to Contractor's costs for the Materials; or (ii) If Manufacturer fails to make such purchase of Materials, such Materials shall be sold by Contractor and the proceeds thereof applied first to Contractor's costs for the Materials, and the balance, if any, to Manufacturer.

Appointment of Manufacturer. (a) Subject to the other provisions of this Agreement, with respect to all Accepted P.O.'s (and only so long as such P.O. remains an Accepted P.O.) Contractor hereby appoints the Manufacturer as Contractor's exclusive source for acceptance of Materials at the Premises, performance of all manufacturing, processing and warehousing requirements with respect to the conversion of Materials into Products, and the delivery of Products to Customers, and the Manufacturer hereby accepts such appointment. Manufacturer agrees to perform all of its obligations pursuant to this paragraph (paragraph) 4 in a good and workmanlike manner, to utilize quality control procedures consistent with the standards of Manufacturer and the industry, and to otherwise comply with each of the Manufacturer's Specifications. (b) So long as any Materials or Products are located at the Premises or are scheduled for delivery to the Premises, Manufacturer agrees to warehouse all Materials and Products and, with respect to such warehousing obligations, Manufacturer agrees to perform in accordance with all of the Manufacturer's Specifications. (c) Manufacturer further agrees that with respect to Materials purchased by Contractor pursuant to (and in accordance with) a Certificate which are not (or cannot be) used in connection with the applicable Accepted P.O., upon Contractor's written notice: (i) Manufacturer shall purchase such Materials from Contractor within three (3) days following Contractor's notice for a purchase price equal to Contractor's costs for the Materials; or (ii) If Manufacturer fails to make such purchase of Materials, such Materials shall be sold by Contractor and the proceeds thereof applied first to Contractor's costs for the Materials, and the balance, if any, to Manufacturer.

Appointment of Manufacturer. (a) Subject to the other provisions of this Agreement, with respect to all Accepted P.O.'s (and only so long as such P.O. remains an Accepted P.O.) Contractor hereby appoints the Manufacturer as Contractor's exclusive source for acceptance of Materials at the Premises, performance of and for performing or causing to be performed in accordance with the Manufacturer's Specifications all manufacturing, processing and warehousing requirements with respect to the conversion of Materials into Products, and the delivery of Products to Customers, and the Manufacturer hereby accepts such appointment. Manufacturer agrees to perform all of its obligations pursuant to this paragraph 4 in a good and workmanlike manner, to utilize quality control procedures consistent with the standards of Manufacturer and the industry, and to otherwise comply with each of the Manufacturer's Specifications. (b) So long as any Materials or Products are located at the Premises or are scheduled for delivery to the Premises, Manufacturer agrees to warehouse all Materials and Products and, with respect to such warehousing obligations, Manufacturer agrees to perform in accordance with all of the Manufacturer's Specifications. If any Materials or Products are located at any facility of the Manufacturer or at an independent warehouse which is not acceptable to the Contractor, the Manufacturer shall furnish the Contractor which a surety bond in the amount of $2,000,000 issued by a company and having terms acceptable to the Contractor. (c) Manufacturer further agrees that with respect to Materials purchased by Contractor pursuant to (and in accordance with) a Certificate which are not (or cannot be) used in connection with the applicable Accepted P.O., upon Contractor's written notice: (i) Manufacturer shall purchase such Materials from Contractor within three (3) days following Contractor's notice for a purchase price equal to Contractor's costs for the Materials; or (ii) If Manufacturer fails to make such purchase of Materials, such Materials shall be sold by Contractor and the proceeds thereof applied first to Contractor's costs for the Materials, and the balance, if any, to Manufacturer.