EFFECTIVE DATE; DURATION; TERMINATION. (1) This Contract shall come into effect after both Parties have signed it ("Effective date"), and shall initially remain in effect until December. 31st, 2009 ("Expiration Date. This Contract shall be extended upon expiration for another calendar year unless DISTRIBUTOR does not meet the minimum distribution goals as defined in Exhibit II ("Minimum Turnover"), or the two parties cannot agree on the minimum distribution goals for the next year, or previously terminated by either party for any other reason upon not less than thirty (30) calendar days prior written notice to the other party, with a six (6) month probation, or the Parties agree on an extension prior to the Expiration Date. (2) If the DISTRIBUTOR becomes insolvent or bankrupt or breaches a provision of this Contract and does not remedy such breach within thirty (30) calendar days of written notice by the PRINCIPAL, the PRINCIPAL may terminate this Contract in whole or in part effective thirty (30) calendar days after said notice was given. If the PRINCIPAL becomes bankrupt or insolvent or breaches a material provision hereof and does not commence to remedy such breach within thirty (30) calendar days of being given written notice by the DISTRIBUTOR, the DISTRIBUTOR may terminate this Contract in whole or in part effective thirty (30) calendar days after such notice was given. (3) In regard to any orders already been made by DISTRIBUTOR before the expiration or termination of this Contract, this Contract shall fully remain in effect beyond the respective expiration or termination date. The foregoing shall not apply, if this Contract is terminated by PRINCIPAL due to DISTRIBUTOR's bankruptcy or insolvency.
Appears in 2 contracts
Samples: Territory Distribution Contract (Sunvalley Solar, Inc.), Distribution Agreement (Sunvalley Solar, Inc.)
EFFECTIVE DATE; DURATION; TERMINATION. (1) . This Contract shall come into effect after both Parties have signed it ("Effective date"), . and shall initially remain in effect until December. December 31st, 2009 2010 ("Expiration Date. This Contract shall be extended upon expiration for another calendar year unless DISTRIBUTOR does not meet the minimum distribution goals as defined in Exhibit II I ("Minimum Turnover"), or the two parties cannot agree on the minimum distribution goals for the next year, or previously terminated by either party for any other reason upon not less than thirty (30) calendar days prior written notice to the other party, with a six (6) month probation, or the Parties agree on an extension prior to the Expiration Date.
(2) . If the DISTRIBUTOR becomes insolvent or bankrupt or breaches a provision of this Contract and does not commence to remedy such breach within thirty (30) calendar days of written notice by the PRINCIPAL, the PRINCIPAL may terminate this Contract in whole or in part effective thirty (30) calendar days after said notice was given. If the PRINCIPAL becomes bankrupt or insolvent or breaches a material provision hereof and does not commence to remedy such breach within thirty (30) calendar days of being given written notice by the DISTRIBUTOR, the DISTRIBUTOR may terminate this Contract in whole or in part effective thirty (30) calendar days after such notice was given.,
(3) . In regard to any orders already been made by DISTRIBUTOR before the expiration or termination of this Contract, this Contract shall fully remain in effect beyond the respective expiration or termination date. The foregoing shall not apply, if this Contract is terminated by PRINCIPAL due to DISTRIBUTOR's bankruptcy or insolvency. However, PRINCIPAL should be listed in the No. 1 position of DISTRIBUTOR's liquidation to make up PRINCIPAL's loss brought by contract termination between two parties.
Appears in 2 contracts
Samples: Distribution Agreement (Sunvalley Solar, Inc.), Distribution Agreement (Sunvalley Solar, Inc.)
EFFECTIVE DATE; DURATION; TERMINATION. (1) . This Contract shall come into effect after both Parties have signed it ("Effective date"), and shall initially Initially remain in effect until December. December 31st, 2009 2010 ("Expiration Date. This Contract shall be extended upon expiration for another calendar year unless DISTRIBUTOR does not meet the minimum distribution goals (500KW) as defined in Exhibit II ("Minimum Turnover")DISTRIBUTOR'S Warranties in Clause XI Warranties, or the two parties cannot agree on the minimum distribution goals for the next year, or previously terminated by either party for any other reason upon not less than thirty (30) calendar days prior written notice to the other party, with a six (6) month probation, or the Parties agree on an extension prior to the Expiration Date.
(2) . If the DISTRIBUTOR becomes insolvent or bankrupt or breaches a provision of this Contract and does not commence to remedy such breach within thirty (30) calendar days of written notice by the PRINCIPALTWSF, the PRINCIPAL TWSF may terminate this Contract in whole or in part effective thirty (30) calendar days after said notice was given. If the PRINCIPAL TWSF becomes bankrupt or insolvent or breaches a material provision hereof and does not commence to remedy such breach within thirty (30) calendar days of being given written notice by the DISTRIBUTOR, the DISTRIBUTOR may terminate this Contract in whole or in part effective thirty (30) calendar days after such notice was given.
(3) . In regard to any orders already been made by DISTRIBUTOR before the expiration or termination of this Contract, this Contract shall fully remain in In effect beyond the respective expiration or termination date. The foregoing shall not apply, if this Contract is terminated by PRINCIPAL TWSF due to DISTRIBUTOR's bankruptcy or insolvency. However, TWSF should be listed in the No.1 position of DISTRIBUTOR's liquidation to make up TWSF' s loss brought by contract termination between two parties.
Appears in 2 contracts
Samples: Distribution Agreement (Sunvalley Solar, Inc.), Distribution Agreement (Sunvalley Solar, Inc.)
EFFECTIVE DATE; DURATION; TERMINATION. (1) . This Contract shall come into effect after both Parties have signed it ("Effective date"), and shall initially remain in effect until December. 31stDecember 31 st, 2009 2010 ("Expiration Date. This Contract shall be extended upon expiration for another calendar year unless DISTRIBUTOR does not meet the minimum distribution goals (500KW) as defined in Exhibit II ("Minimum Turnover")DISTRIBUTOR'S Warranties in Clause XI Warranties, or the two parties cancan not agree on the minimum distribution goals for the next year, or previously terminated by either eilher party for any other reason upon not less than thirty (30) calendar days prior written notice to the other party, with a six (6) month probation, or the Parties agree on an extension prior to the Expiration Date.
(2) . If the DISTRIBUTOR becomes insolvent or bankrupt or breaches a provision of this Contract and does not commence to remedy such breach within thirty (30) calendar days of written notice by the PRINCIPALTWSF, the PRINCIPAL TWSF may terminate this his Contract in whole or in part effective thirty (30) calendar days after said notice was given. If the PRINCIPAL TWSF becomes bankrupt or insolvent or breaches a material provision hereof and does not commence to remedy such breach within thirty (30) calendar days of being given written notice by the DISTRIBUTOR, the DISTRIBUTOR may terminate this Contract in whole or in part effective thirty (30) calendar days after such notice was given.
(3) . In regard to any orders already been made by DISTRIBUTOR before the expiration or termination of this Contract, this Contract shall fully remain in In effect beyond the respective expiration or termination date. The foregoing shall not apply, if this Contract is terminated by PRINCIPAL TWSF due to DISTRIBUTOR's bankruptcy or insolvency. However, TWSF should be listed in the No.1 position of DISTRIBUTOR's liquidation to make up TWSF' s loss brought by contract termination between two parties.
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