DEALER APPOINTMENT. 2.1 Lucent hereby authorizes Distributor to sell to Dealer, for resale to End User customers only who are located in Dealer's Area, the Lucent Products purchased from DDM and listed in a Product Appendix hereto. Dealer's authorized marketing location(s) and shipping location(s) are set forth in the Appendix: Addresses. If Dealer has marketed or sold new Lucent Products to an End User as defined in Section 1.3 hereof, which Lucent Products are installed and used at premises within Dealer's Area, Dealer may market and sell limited quantities of Lucent Products to other locations of that End User outside the Area but in the Territory. Lucent's authorization is predicated on Dealer's agreement to market the Lucent Products in the Area and to achieve the Area forecast submitted pursuant to Section 6.0 of this Agreement. Lucent Products installed outside the Area will not be considered by Lucent when determining whether Dealer has achieved its Area forecast submitted pursuant to Section 6.0 of this Agreement. Dealer's sales of Lucent Products outside the Area (unless specifically permitted by this Section 2.1), Dealer's failure to limit its marketing efforts and sales of Lucent Products to authorized End-Users, or Dealer's failure to achieve levels of sales acceptable to Lucent in the Area shall, among others, be grounds for termination or nonrenewal of this Agreement.
DEALER APPOINTMENT. JJJ Specialty Co. appoints dealer as a nonexclusive authorized dealer for sale of JJJ Specialty Co. products in , and Dealer accepts such appointment subject to the terms and conditions set forth herein.
DEALER APPOINTMENT. VMAC appoints Dealer as nonexclusive authorized Dealer and Dealer accepts such appointment subject to the terms and conditions set forth herein.
DEALER APPOINTMENT. 5 1.2.1 Description of Appointment.....................................5 1.2.2 Role of Controlling Individual.................................6 1.3
DEALER APPOINTMENT. 2.1 Avaya hereby authorizes Distributor to sell to Dealer, for resale to End User customers only who -are within Dealer's Area, the Avaya Managed Products. Dealer's authorized marketing location (s) and shipping location (s) are set forth in the Appendix: Addresses. If Dealer has sold Avaya Managed Products to an End User, and such Avaya Managed Products are installed and used within Dealer's Area, then Dealer may sell limited quantities of Avaya Managed Products for use by that End User outside the Area but in the Territory. With that exception, dealer shall not market or sell Avaya Managed Products outside Dealer's Area. Avaya's authorization is predicated on Dealer's agreement to market the Avaya Managed Products in the Area and to achieve the Area forecast submitted pursuant to Section 6.0 of this Agreement. Avaya Managed Products installed outside the Area will not be considered by Avaya when determining whether Dealer has achieved its annual commitment submitted pursuant to Section 6.0 of this Agreement. Dealer's sales of Avaya Managed Products outside the Area (unless specifically permitted by this Section 2.1), Dealer's failure to limit its marketing efforts and sales of Avaya Managed Products to authorized End-Users, or Dealer's failure to achieve levels of sales acceptable to Avaya in the Area shall, among others, be grounds for termination or nonrenewal of this Agreement.
DEALER APPOINTMENT. The Company shall have the independent power and authority to appoint "package only" Brunswick dealers (i.e., sale of packages consisting of boats manufactured by the Company and Brunswick motors, parts and service with no right to purchase loose Brunswick motors from Brunswick) on the terms and conditions of the Company's standard dealer agreements except in those states where such appointment may be prohibited by law; provided that Brunswick shall be entitled to stipulate whether any particular dealer is a Mercury or Mariner dealer. The Company's power to appoint "package only" Brunswick dealers shall be irrevocable during the term hereof. Brunswick hereby agrees to enter into its standard parts and service agreement with "package only" Brunswick dealers appointed pursuant to the terms of this Agreement. The Company hereby appoints, and Brunswick hereby consents to the appointment of, all existing Company dealers as "package only" dealers of Brunswick products; provided that Brunswick retains the right to stipulate whether any such dealer is a Mercury dealer or a Mariner dealer. Dealers appointed by the Company ("package only" or "full line") shall be entitled to receive from Brunswick Special Dealer Program benefits for the purchase and sale of the Outboards as though sold by Brunswick as a part of a Brunswick branded boat/motor package. Brunswick's Mercury Marine Division will make its dealer support services available to all "full-line, or "package only" dealers appointed by the Company who qualify under the Mercury/Mariner criteria for participation in the Mercury Marine Dealer Support Services Program. Dealers appointed by the Company shall be entitled to the same co-operative advertising allowances for advertising as other Brunswick dealers under similar circumstances. The power and authority granted to the Company under this Section 7 shall be non- assignable and shall terminate immediately upon Tracker Marine, L.P. no longer being a majority shareholder of the Company.
