DUTIES OF SUPPLIER. (a) Supplier shall use its best efforts (excluding economic incentives such as discounts or out of pocket payments) to cause its customers, both current and future, to use Retailer Operated locations and Franchise Affiliate locations.
DUTIES OF SUPPLIER. 3.1 In consideration of the payment by the Customer of the Price and subject to the terms and conditions of this Agreement, the Supplier agrees:
DUTIES OF SUPPLIER. 8 5. COMPENSATION................................ 8 6.
DUTIES OF SUPPLIER. (a) Supplier shall manufacture the Coatings in accordance with the Coating Specifications, perform the Services in accordance with the Service Specifications, and maintain reasonable production levels to supply 100% of Purchaser's requirements for the Services, provided, that in no event shall Supplier be required to perform Services for more than 21,000 units of Product in any month, equivalent to an annual volume of ________ units of Product in any Contract Year. Notwithstanding the foregoing, in the event that Purchaser requires Services for more than ________ units of Product in any month or the equivalent to ________ units of Product in any Contract Year, (i) Supplier shall perform such Services for up to an additional _______ units of Product in any month, provided that Purchaser agrees to reimburse Supplier for its reasonable incremental labor and variable overhead costs to perform such additional Services, and (ii) Supplier may, in its reasonable discretion, perform such Services for more than an additional 2,100 units of Product in any month, provided that Purchaser agrees to reimburse Supplier for all reasonable incremental costs (including capital, fixed overhead and environmental compliance costs) to perform such additional Services. If Purchaser requests that Supplier perform Services for more than __________units of Product in any month or _______ units of Product in any Contract Year, Supplier shall provide Purchaser with a written breakdown of any incremental costs, and such supporting evidence thereof as may be reasonably requested by Purchaser, within ten (10) business days of such request.
DUTIES OF SUPPLIER. 10.1 In addition to all other obligations set forth in this Agreement, Supplier shall:
DUTIES OF SUPPLIER. The Consulting Services shall be performed in a workmanlike and professional manner by personnel assigned by SUPPLIER having a level of skill in the area commensurate with the requirements of the Consulting Services to be performed. SUPPLIER alone shall control the manner, means and method by which SUPPLIER performs the Consulting Services. SUPPLIER shall have sole responsibility for payment of compensation to its personnel. SUPPLIER shall have the right to use contractors, temporary employees, consultants, vendors, and suppliers at its discretion to assist in delivering or performing the Consulting Services. In such event, any such individuals or entities shall be subject to confidentiality provisions consistent with those set forth in the Agreement, and SUPPLIER shall remain primarily liable to End User for the performance of SUPPLIER's obligations hereunder.
DUTIES OF SUPPLIER. 4.1 At no cost to Distributor, Supplier will provide:
DUTIES OF SUPPLIER. 4.1 Supplier, or its designated sales agent, will at its expense provide reasonable support and training to Xxxx Micro via telephone or at Xxxx Micro’s or Supplier’s facilities. Specific training sessions may also be established by mutual agreement at Xxxx Micro’s facilities or in combination with other distributors at a geographically convenient location in or near the Territory.
DUTIES OF SUPPLIER. 4.1 SUPPLIER shall support the sales and customer support by DISTRIBUTOR in the TERRITORY as it deems appropriate.
