Common use of AVAILABILITY AND ALLOCATION OF PRODUCT Clause in Contracts

AVAILABILITY AND ALLOCATION OF PRODUCT. DISTRIBUTOR agrees to use its best efforts to provide Toyota Products to DEALER in such quantities and types as may be required by DEALER to fulfill its obligations with respect to the sale and servicing of Toyota Products under this Agreement, subject to available supply from IMPORTER, DISTRIBUTOR's requirements, and any change or discontinuance with respect to any Toyota Product. DISTRIBUTOR will endeavor to allocate Toyota Products among its dealers in a fair and equitable manner, which it shall determine in its sole discretion. DISTRIBUTOR agrees to provide DEALER with an explanation of the method used to distribute such products and, upon written request, will advise DEALER of DISTRIBUTOR's total wholesale sales of new motor vehicles, by series, in DISTRIBUTOR's area and to DEALER individually, for a reasonable time frame.