Appointment of Subdistributors. Distributor may appoint subdistributors to act on the Distributor's behalf only on prior written approval of Sagent; provided, however, that any compensation to such subdistributors shall be solely the Distributor's responsibility. Any agreement with such agent or subdistributor with respect to Products shall be coterminous with this Agreement.
Appointment of Subdistributors. Distributor and Manufacturer shall mutually agree on the appointment of any sub-distributors m connection with the performance of this Agreement.
Appointment of Subdistributors. Distributor may appoint any subdistributor, dealer or other agent (“Subdistributor”) to market, sell and promote Products in the Territory or otherwise to perform any of Distributor’s obligations under this Agreement subject to the following conditions: (a) Distributor shall enter into an agreement with such Subdistributor which requires, at a minimum, that the Subdistributor shall not look to Response, and as between Response and Distributor shall look solely and exclusively to Distributor, for any compensation of any kind, including, without limitation, any termination indemnities, payments, commission, bonuses or other benefits; and (b) such Subdistributor shall expressly acknowledge in writing that (i) its agreement with Distributor is subject to and subordinate in all respects to the terms and conditions of this Agreement and it has no rights with respect to the Products greater than the rights of Distributor under this Agreement, and (ii) it is familiar with and shall comply with all applicable responsibilities, obligations, restrictions and limitations of Distributor set forth in this Agreement. Irrespective of such agreement and acknowledgement, Distributor shall remain responsible and liable for the full and faithful performance of Distributor’s obligations under this Agreement, including any duty(ies) or obligation(s) under this Agreement delegated, expressly or by implication, by Distributor to any Subdistributor appointed by Distributor.
Appointment of Subdistributors. Distributor may, in its sole ------------------------------ discretion, appoint suitable Subdistributors in the Territory, it being understood that the acts of such Subdistributors shall be at Distributor's own risk, expense and supervision. Accordingly, Distributor shall defend, indemnify and hold OPEN MARKET harmless from and against any and all claims, suits, actions, liabilities, damages, and expenses (including without limitation reasonable attorneys fees) suffered or incurred by OPEN MARKET as a result of Distributor's appointment of Such Subdistributors. Distributor shall require that each of its Subdistributors be bound by contractual obligations no less restrictive than those of Distributor hereunder, including without limitation those set forth in Article 7 of this Agreement. Distributor shall be solely responsible for making all payments to OPEN MARKET hereunder.
Appointment of Subdistributors. In the event Distributor appoints any subdistributors or sales representatives in the Territory in connection with the performance of this Agreement, such appointment shall be made only in the name and for the account of Distributor and shall be for a term no greater than the term of this Agreement. Distributor shall not grant to the subdistributors and/or sales representatives any rights greater than those which are granted by Manufacturer to Distributor under this Agreement. Distributor shall also impose on the subdistributors and/or sales representatives the same obligations as Manufacturer has imposed on Distributor under this Agreement.
Appointment of Subdistributors. The Distributor may appoint subdistributors of the Software provided that such subdistributors enter into the subdistributor agreement provided by Sideware to the Distributor with respect to the marketing, sale, installation and integration of the Software (the "Subdistributor Agreement"). Sideware reserves the right to change the Subdistributor Agreement from time to time, and the Distributor shall utilize the latest version of such agreement when appointing subdistributors.
Appointment of Subdistributors. Heska shall have the right to appoint Subdistributors for the Sale of the Products in the Field in the Territory. Heska agrees that, if it enters into an agreement or arrangement with any Subdistributor to allow such Subdistributor to offer for Sale, Sell, have Sold, use, have used, market, have marketed, distribute, have distributed, import and have imported Products in the Field in any country or region of the Territory, Heska shall contractually restrict such Subdistributor's activities to sales of Products in the Field for use in the Field by contractually restricting the Subdistributor from reselling Products to Third Parties outside the Field outside the Territory to the extent permitted under applicable competition laws.
Appointment of Subdistributors. The Distributor may appoint as subdistributor any third party as Distributor determines appropriate for the effective distribution of Products under this Agreement[, provided that Distributor: notifies Supplier in writing of the name and address of each appointed subdistributor; requires the Subdistributor to expressly acknowledge [that its subdistribution agreement with Distributor is subject to and subordinate in all respects to the terms and conditions of this Agreement and ]that it has reviewed and will comply with all applicable terms of this Agreement]. [Distributor shall continue to be directly responsible for the due performance of its obligations and responsibilities under this Agreement, including payment for all of its purchases of Products.]
Appointment of Subdistributors. (a) Distributor may appoint one or more Persons to act as a subdistributor (each a "Subdistributor" and, collectively, the "Subdistributors") within any portion of the Territory and assign to such Subdistributor any and all of Distributor's rights hereunder, and delegate to such Subdistributor any and all of Distributor's obligations hereunder, with respect to any Subdistributor's portion of the Territory. Distributor may appoint only one Subdistributor within any portion of the Territory. Notwithstanding any such appointment, Distributor shall remain responsible for the performance by any Subdistributor of Distributor's obligations within such Subdistributor's portion of the Territory. 4
(b) Pursuant to its rights under Section 2.2(a), Distributor hereby appoints the Persons listed on EXHIBIT B as Subdistributors under this Agreement. The appointment of any additional Person as a Subdistributor under this Agreement shall be subject to the prior written approval of THERMO.
Appointment of Subdistributors. Aspen may appoint subdistributors with Gilead’s prior written approval, not to be unreasonably withheld. Such approval may be conditioned on [ * ]. Before granting or withholding approval Gilead may also consider any potential subdistributor’s experiences and policies compared to global norms and standards. Gilead may conduct an investigation into the background, qualification and capabilities of any proposed subdistributor before granting its consent. Any such subdistributor shall be required to perform its obligations in accordance with the applicable provisions of Section 3.2 below.