COMMERCIAL TERMS A Sample Clauses

COMMERCIAL TERMS A. Bartech will, promptly upon the execution hereof, notify all the Distributors of the existence and general nature of this Strategic Alliance Agreement and will inform them that HOMI is to be treated as an approved and most preferential "Major Account" of Bartech, entitled to the prices and discounts set forth herein and as agreed between Bartech and HOMI from time to time. B. Whilst the Parties recognise that the purchase of Bartech Minibars Services from Distributors, as set forth herein, shall be subject to and in accordance with negotiated agreements between HOMI and the Distributors, and that the Distributors will not be obliged to enter into agreement with HOMI, nevertheless, Bartech will make clear to the Distributors that if they do decide to enter into agreement with HOMI as set forth above, then the terms and conditions of the sale of Bartech Minibars (including prices and discounts) and the provision of Services to HOMI, by the Distributors, shall be as set forth in this Strategic Alliance Agreement, mutatis mutandis. <PAGE> STRATEGIC ALLIANCE AGREEMENT BARTECH EMEA - HOTEL OUTSOURCE MANAGEMENT INT'L, INC. -------------------------------------------------------------------------------- 12.4 ANNUAL BUDGET For avoidance of doubt, the Parties hereby acknowledge that purchase of Bartech Minibars from Distributors shall, for all intents and purposes, be included in the calculation of Target Quantities, and in the Annual Budgets. 13. EXCLUSIVITY HOMI hereby undertakes to use only Bartech Minibars in the provision of Outsource Services, in the Territory, and Bartech hereby undertakes not to sell, install and/or service Bartech Minibars, in the context of and/or in such a way as to facilitate the provision of services identical, similar or competing with Outsource Services, to or for anyone other than HOMI, in the Territory. 14. MISCELLANEOUS 14.1 COMPENSATION Notwithstanding anything to the contrary in this Agreement, the Standard Purchase Price includes inter alia the full and final compensation for the full and timely performance and provision of the Marketing, the Services and all other obligations and undertakings of Bartech pursuant to this Agreement, and Bartech will not be entitled to any compensation, other than any sum to which it may actually be entitled on account of Purchase of Bartech Minibars, in accordance with the provisions of Section 4 above. 14.2
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