Blackhawk Services. (See Exh. C, Section Y “Services”).
Blackhawk Services. Subject to the terms and conditions of this Agreement (including without limitation Safeway’s payment obligations), Blackhawk shall provide the Services to Safeway. Blackhawk agrees that at least one full-time Blackhawk employee shall be dedicated exclusively to providing the Services to Safeway, and such employee shall have adequate resources at his or her disposal to cause the delivery of the Services described in this Agreement. As further set forth in the description of the Services, Blackhawk and Safeway shall cooperate to pilot new programs and new Products in Safeway Stores to test and verify product functionality and consumer demand; for those pilot programs and new Products that are original ideas exclusively developed by Safeway or co-developed by Blackhawk and Safeway, Blackhawk will launch such pilot program or Product exclusively in Safeway Stores for at least six (6) months (or such shorter time as shall be mutually agreed upon by Safeway and Blackhawk) before launching any such pilot program(s) or new Products in other alliance partner stores located in a geographical region of the United States in which Safeway Stores are located; provided, however, that if other alliance partners with stores located in a geographic region of the United States in which Safeway Stores are not located request or are willing to participate in pilot program or a new Product of a similar nature, Blackhawk may offer same in other alliance partner stores in such geographical regions of the United Sates in which Safeway Stores are not located, or if Safeway declines participation in such pilot programs or new Products, Blackhawk may offer same in other alliance partner stores wherever located. Further, as further set forth in the description of the Services, Blackhawk shall use commercially reasonable efforts to create and implement marketing programs unique to Safeway Stores and agrees that at least one Blackhawk employee shall be dedicated to providing the Services that are marketing Services to Safeway. Blackhawk shall also use commercially reasonable efforts to offer marketing programs to Safeway, and assuming acceptance by Safeway, the parties will use commercially reasonable efforts to cause such programs to be included in Safeway Stores no later than the launch of such marketing program(s) in any other alliance partner store. Blackhawk shall solicit from Retailers for use in Safeway promotional marketing funds to the extent that it solicits such funds on beh...
