Common use of Direct Salton Orders Clause in Contracts

Direct Salton Orders. In the event that Kmart elects in its sole and absolute discretion to procure the manufacture of Products directly by or on behalf of Salton, then Kmart shall enter into an agreement with Salton for such Products as Kmart desires to purchase and Salton is willing to manufacture pursuant to a purchase order identical in all respects to the Purchase Order Form annexed hereto as Exhibit C for domestic orders and Exhibit D for import orders (the "Direct Purchase Order"). The price to Kmart of Products under a Direct Purchase Order, and all other terms and conditions not specified in this Agreement or in the Purchase Order Form,, shall be determined by mutual agreement acceptable to each of Kmart and Salton in its sole discretion at or prior to the time the applicable Direct Purchase Order is issued by Kmart and accepted by Salton.

Appears in 4 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.