Distributor Liability. 21.1. DMA warrants and represents to you that DMA is authorized to and does bind the Distributors to this Agreement by DMA’s signature below. 21.2. Each Distributor will be severally liable for its respective service obligations and for Products sold to the Units which it services. Notwithstanding anything to the contrary in this Agreement, no Distributor is liable for service obligations or Products sold to Units which it does not service. Each Distributor is responsible for its own credit determination and for collection of its invoices. This Agreement shall not create joint liability or joint and several liability among Distributors, or among Distributors and DMA. No Distributor is the agent for, or authorized to obligate, any other Distributor. The Distributors are independent contractors and not partners or joint venturers with each other or with you. DMA is only liable for obligations which it specifically agrees to undertake in this Agreement. 21.3. You are obligated for payment of purchases of Products solely to the Distributor which has delivered the Products to you.
Appears in 1 contract
Samples: Distribution Agreement (Cosi Inc)
Distributor Liability. 21.1. 23.1 DMA warrants and represents to you that DMA is authorized to and does bind the Distributors to this Agreement by DMA’s 's signature below.
21.2. 23.2 Each Distributor will be severally liable for its respective service obligations and for Products sold to the Units which it services. Notwithstanding anything to the contrary in this Agreement, no Distributor is liable for service obligations or Products sold to Units which it does not service. Each Distributor is responsible for its own credit determination and for collection of its invoices. This Agreement shall not create joint liability or joint and several liability among Distributors, or among Distributors and DMA. No Distributor is the agent for, or authorized to obligate, any other Distributor. The Distributors are independent contractors and not partners or joint venturers with each other or with you. DMA is only liable for obligations which it specifically agrees to undertake in this Agreement.
21.3. 23.3 You and the Franchisees are obligated for payment of purchases of Products solely to the Distributor which has delivered the Products to youyou or the Franchisee.
Appears in 1 contract
Samples: Distribution Agreement
Distributor Liability. 21.124.1. DMA warrants and represents to you that DMA is authorized to and does bind the Distributors to this Agreement by DMA’s signature below.
21.224.2. Each Distributor will be severally liable for its respective service obligations and for Products sold to the Units which it services. Notwithstanding anything to the contrary in this Agreement, no Distributor is liable for service obligations or Products sold to Units which it does not service. Each Distributor is responsible for its own credit determination and for collection of its invoices. This Agreement shall not create joint liability or joint and several liability among Distributors, or among Distributors and DMA. No Distributor is the agent for, or authorized to obligate, any other Distributor. The Distributors are independent contractors and not partners or joint venturers with each other or with you. DMA is only liable for obligations which it specifically agrees to undertake in this Agreement.
21.324.3. You are obligated for payment of purchases of Products solely to the Distributor which has delivered the Products to you.
Appears in 1 contract
Samples: Foodservice Distribution Agreement (Bravo Brio Restaurant Group, Inc.)
Distributor Liability. 21.123.1. DMA warrants and represents to you that DMA is authorized to and does bind the Distributors to this Agreement by DMA’s signature below.
21.223.2. Each Distributor will be severally liable for its respective service obligations and for Products sold to the Units which it services. Notwithstanding anything to the contrary in this Agreement, no Distributor is liable for service obligations or Products sold to Units which it does not service. Each Distributor is responsible for its own credit determination and for collection of its invoices. This Agreement shall not create joint liability or joint and several liability among Distributors, or among Distributors and DMA. No Distributor is the agent for, or authorized to obligate, any other Distributor. The Distributors are independent contractors and not partners or joint venturers with each other or with you. DMA is only liable for obligations which it specifically agrees to undertake in this Agreement.
21.323.3. You are obligated for payment of purchases of Products solely to the Distributor which has delivered the Products to you.
Appears in 1 contract
Samples: Foodservice Distribution Agreement (Bravo Brio Restaurant Group, Inc.)