Distributor Provisions Sample Clauses

Distributor Provisions. Lessee has delivered to Lessor a true, correct and complete copy of the Distributor Agreement. The Distributor Agreement is the only agreement in effect with Distributor with respect to the Properties. The Distributor Agreement is in full force and effect and constitutes the legal, valid and binding obligations of the parties to the Distributor Agreement, enforceable in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, liquidation, reorganization and other laws affecting the rights of creditors generally and general principles of equity. None of the Lessee Parties has assigned, transferred, mortgaged, hypothecated or otherwise encumbered the Distributor Agreement or any rights thereunder or any interest therein, and none of the Lessee Parties has received any notice that the Distributor has made any assignment, pledge or hypothecation of all or any part of its rights or interest in the Distributor Agreement. No notice of default from Distributor has been received under the Distributor Agreement which has not been cured and no notice of default to Distributor has been given under the Distributor Agreement which has not been cured. No event has occurred and no condition exists which, with the giving of notice or the lapse of time or both, would constitute a default under the Distributor Agreement. At the request of Lessor, Lessee shall deliver to Lessor a certificate from Distributor in a form and substance acceptable to Lessor, which provided that the Distributor Agreement is valid, binding and in full force and effect and no events have occurred which could constitute a default thereunder.
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Distributor Provisions. If Buyer is acting as Seller’s Distributor, then except as Seller expressly agrees in writing otherwise and notwithstanding anything above to the contrary: (a) Buyer shall not be an exclusive distributor for any Goods; (b) Buyer’s territory for sales ("Territory") shall be designated by Seller in Seller’s sole discretion; (c) Buyer shall not receive any discount;
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Distributor Provisions. The provisions of this Article I will be applicable insofar as Distributor's activities as a distributor are concerned.
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Distributor Provisions. If Xxxxx is acting as Seller’s Distributor, then except as Xxxxxx expressly agrees in writing otherwise, and notwithstanding anything above to the contrary, the provisions of this Section 17 shall apply in addition to the other provisions of this Agreement: 17.1 Buyer shall not be an exclusive distributor for any Goods. 17.2 Buyer’s territory for sales (“Territory”) shall be designated by Seller in Seller’s sole discretion 17.3 Buyer shall not receive any discount, 17.4 Buyer shall submit in writing to Seller net sales figures for the preceding month for Goods purchased from Seller and sold by Xxxxx (a “Sales Report”), which figures must be received by Seller by the fifteenth (15th) of the month or on the first (1st) business day thereafter. The Sales Report shall include number of items, the dollar value of those items and the customers and locations to which those sales were made. Buyer shall also submit to Seller a copy of the invoice of sales for Goods sold in the preceding calendar month verifying the Sales Report, which copy must be received by Seller within thirty (30) days after the end of the month. 17.5 Seller reserves the right to sell directly to customers located within the Territory when the customer orders the Goods to be delivered to their branches or subsidiaries located in the U.S. With respect to these types of sales, billed for by the Seller and paid for by customers, Buyer shall not be entitled to a sales commission. 17.6 In addition to its other rights, Seller reserves the right, in its sole discretion and for any reason and at any 17.7 Seller shall make a reasonable effort to give Buyer timely notice of any change in prices, sales, warranty or shipment terms, sales policies or practices, cancellations or changes in orders, and substitutions with respect to the Goods. In turn, Buyer shall promptly advise any of its affected customers in Buyer’s Territory of such matters and shall promptly advise Seller as to whether the change is acceptable to its affected customers. 17.8 Buyer will use its best efforts to sell, market and promote the sale of the Goods in the Territory, obtain new customers therefore, and maintain existing customer relationships. 17.9 Buyer shall not collect or receive any monies on behalf of Seller unless specifically authorized by Seller in writing. 17.10 Seller shall have no obligation to repurchase or otherwise compensate Buyer with respect to any unsold or discontinued Goods. 17.11 Buyer further agrees to (i) do ...
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Related to Distributor Provisions

  • Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

  • Service Provision Subject to, and in accordance with, the terms and conditions in this Agreement, the Operator will provide the Services (either directly or by making its facilities and services available to other Physicians) to: (a) those Clients of Physicians who arrange for use of the Facility for the purposes of providing surgical services to such Clients, or (b) in cases only where referral by a Physician is not required, those Clients who present themselves directly to the Operator and who request the Services, provided that in each instance, the provision of the Services requested is both clinically and ethically appropriate, constitutes the provision of a service which is Insured to a person eligible to receive those Services and is provided during the Term.

  • Permitted Uses and Disclosure by Business Associate (1) General Use and Disclosure Provisions Except as otherwise limited in this Section of the Contract, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in this Contract, provided that such use or disclosure would not violate the HIPAA Standards if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity.

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