APPOINTMENT OF SALES AGENT. Subject to the provisions of the Agreement, the Company hereby appoints Sales Agent and Sales Agent hereby accepts appointment as the Sales Agent for the products described in Exhibit A (hereinafter the “Products”) with responsibility for the geographical areas listed on Exhibit B (hereinafter the “Territory”). Sales Agent shall have the right to solicit orders for Products only from persons and entities having their places of business within the Territory that agree to use the Products so ordered within the Territory.
APPOINTMENT OF SALES AGENT. Subject to the provisions of the Agreement, Alphatec hereby appoints Sales Agent and Sales Agent hereby accepts appointment as the Sales Agent for the products described in Exhibit A (hereinafter the "Products") with responsibility for the geographical areas listed on Exhibit B (hereinafter the "Territory"):
APPOINTMENT OF SALES AGENT. Subject to the provisions of the Agreement, the Company hereby appoints Sales Agent and Sales Agent hereby accepts appointment as the Sales Agent for the products described in Exhibit A (hereinafter the “Products”) with exclusive responsibility for the geographical areas listed on Exhibit B (hereinafter the “Territory”). Sales Agent shall have the right to solicit orders for Products only from persons and entities having their places of business within the Territory that agree to use the Products so ordered within the Territory. Sales agent shall be the exclusive agent for the Company for sale of Products in the Territory for the term of this Agreement. Except as specifically provided herein to the contrary, any sale of Products in the Territory shall be credited as sales made by Sales Agent and Sales Agent shall be entitled to the commission provided herein.
APPOINTMENT OF SALES AGENT. 2.1 Subject to the terms and conditions set forth in this Agreement, Palomar hereby appoints Coherent as its exclusive sales agent for the Distributed Products in the Territory; provided, however, that Palomar retains the right to sell Distributed Products in the Territory to existing representatives and distributors until the effective date their termination by Palomar. Upon the signing of this Agreement, Palomar agrees to use its commercially reasonable best efforts to terminate all representatives and distributors for its Distributed Products consistent with its contractual obligations and governing legal authority. As these relationships are terminated, they shall automatically be added to the definition of Territory. For so long as this Agreement is in effect, Palomar shall not appoint any other sales agent or distributor with responsibility for the sale of Distributed Products in the Territory, or otherwise license other parties to manufacture the Distributed Products; provided, however, that this limitation shall not apply to third parties that contract with Palomar to manufacture the Distributed Products or parts thereof for sale hereunder.
APPOINTMENT OF SALES AGENT. (a) Subject to the provisions of this Agreement, Producer hereby appoints Agent and Agent hereby accepts appointment as the Producer’s exclusive sales agent for the Producer materials listed on the attached Exhibit A (“Products”) for the Industries listed on attached Exhibit B (each, an “Industry”) within the geographical area listed on attached Exhibit C (the “Trading Area”), and Agent hereby accepts such appointment. Agent shall have the right to solicit orders for Products only from persons and entities in the Industries and having their places of business within the Trading Area. Agent shall be the exclusive agent for the Producer for sale of Products in the Trading Area for the term of this Agreement. Except as specifically provided herein to the contrary, any sale of Products in the Industries in the Trading Area shall be credited as sales made by Agent and Agent shall be entitled to the commission provided herein. The provisions of this Agreement constitute the entire agreement and understanding between the parties on the subject matter of this Agreement, and except as specifically set forth herein, there are no additional agreements, understandings, representations, covenants, warranties or guaranties, written or oral, between the parties, relating to the subject matter of the Agreement. Prior arrangements, agreements and understandings, if any, are superseded by this Agreement. Agent may appoint any third party to act as a sub-agent, upon obtaining Producer’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.
APPOINTMENT OF SALES AGENT. 1.1 Subject to the provisions of this Agreement, the Company hereby appoints Sales Agent and Sales Agent xxxxxx accepts appointment as Sales Agent to promote Partner Products and processes (the “Products”) from acute care hospitals, ambulatory surgery centers,and clinics for the accounts listed on Exhibit A as the same may be amended from time to time pursuant to the terms of this Agreement (collectively, “Accounts”), for the products described on Exhibit B as the same may be amended from time to time pursuant to the terms of this Agreement.
APPOINTMENT OF SALES AGENT. (a) Subject to the provisions of this Agreement, Producer hereby appoints Agent and Agent hereby accepts appointment as the Producer’s exclusive sales agent for the Producer materials listed on the attached Exhibit A (“Products”) for the Industries listed on attached Exhibit B (each, an “Industry”) within the geographical area listed on attached Exhibit C (the “Trading Area”), and Agent hereby accepts such appointment. Agent shall have the right to solicit orders for Products only from persons and entities in the Industries and having their places of business within the Trading Area. Agent shall be the exclusive agent for the Producer for sale of Products in the Trading Area for the term of this Agreement; provided that, if Producer (i) reasonably determines that it has excess inventory of feldspar or mica, (ii) provides Agent with written notice reasonably describing such excess inventory (including the amount thereof), and (iii) permits Agent the first right to solicit orders for such excess inventory for a period of ten (10) days following receipt of such notice, then following expiration of such ten (10)-day period, Producer may directly sell such excess inventory that is not otherwise covered by an order obtained by Agent to the Industry in the Trading Area on a non-exclusive basis. Except as otherwise specifically provided herein to the contrary, any sale of Products in the Industries in the Trading Area (including any feldspar or mica sold by Producer pursuant to the foregoing exception) shall be credited as sales made by Agent and Agent shall be entitled to the commission provided herein. The provisions of this Agreement constitute the entire agreement and understanding between the parties on the subject matter of this Agreement, and except as specifically set forth herein, there are no additional agreements, understandings, representations, covenants, warranties or guaranties, written or oral, between the parties, relating to the subject matter of the Agreement. Prior arrangements, agreements and understandings, if any, are superseded by this Agreement. Agent may perform its responsibilities under this Agreement through its subsidiaries. Further, Agent may appoint any third party to act as a sub-agent, upon obtaining Producer’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.
APPOINTMENT OF SALES AGENT. Sky Capital, LLC. is hereby appointed a non-exclusive sales agent of the Company (the “Sales Agent”) during the Offering Period (as defined herein) for the purpose of assisting the Company in identifying Prospective Investors (as hereinafter defined) to purchase Shares. “Prospective Investors” shall mean those persons identified by Sales Agent as qualified prospective investors to whom Sales Agent introduces the Offering. “Purchasers” shall mean Prospective Investors who subscribe and pay for Shares and whose subscription is accepted by the Company. The “Offering Period” shall commence on the data hereof and shall terminate on or before the close of business on the earliest to occur of the closing of the sale of the Maximum Offering, termination of the Offering, or the termination of this Agreement. Sales Agent hereby accepts such agency and agrees to assist the Company in identifying Prospective Investors on a “best efforts” basis. The agency of Sales Agent hereunder may be terminated by the Company at any time. It is understood that the offering and sale of the Shares is intended by all parties to be exempt from the registration requirements of the Act pursuant to Section 4(2) thereof and the rules and regulations of the Securities and Exchange Commission thereunder, including Rule 506 of Regulation D (the “Rules and Regulations”).
APPOINTMENT OF SALES AGENT. Subject to the terms and conditions of this Agreement, HyperSpace appoints Sales Agent as a non-exclusive sales representative of HyperSpace Products, solely in the Territory, to market and promote the HyperSpace Products in the Territory. Sales Agent accepts such appointment and agrees to use its best efforts to, and devote such time, attention and resources as are necessary and appropriate to, perform its obligations under this Agreement. Sales Agent shall have the right to represent to the public that it is an authorized sales agent representative for the HyperSpace Products in the Territory. By way of clarification, Sales Agent does not, pursuant to this Agreement, have any right to, and shall not, without the prior written consent of HyperSpace, hold itself out publicly as an authorized Sales Agent representative of the HyperSpace Products outside of the Territory or perform its obligations under this Agreement outside of the Territory. The parties may modify the scope of the Territory from time to time upon mutual written agreement. All references in this Agreement to the "sale" of or "selling" of HyperSpace Products shall mean the sale of a limited license to use such HyperSpace Products (pursuant to a duly executed End User License Agreement); all references to the "purchase" of HyperSpace Products shall mean the purchase of a limited license to use such HyperSpace Products (pursuant to a duly executed End User License Agreement). Sales Agent hereby acknowledges that nothing in this Agreement shall be construed to prohibit HyperSpace from: (i) appointing representatives, resellers, distributors, marketing agents or other sales agents for the HyperSpace Products; or (ii) otherwise directly or indirectly marketing, promoting, offering, selling licensing, providing or servicing any HyperSpace Product to or for any other party.
APPOINTMENT OF SALES AGENT
