Common use of Exclusive Sale and Purchase; Project Plan Clause in Contracts

Exclusive Sale and Purchase; Project Plan. Customer and Supplier agree that so long as the Wal-Mart Agreement remains in effect, Customer shall purchase exclusively from Supplier, in accordance with the terms of the Project Plan described below, all computers and computer components, including, without limitation, all point of sale equipment and other hardware (the "Equipment"), software manufactured or supplied by Supplier (the "Software"), and the various training, consulting, installation, and support services (hereinafter "Services") necessary for Customer to operate and manage the Coffee Stores. Following the execution of this Agreement, Customer and Supplier mutually agree to participate in the development and approval of a project plan (the "Project Plan"). This Project Plan shall provide both Parties with a general overview of the nature of Customer's operation, and shall clearly specify the Equipment, Software and Services which Customer will need to purchase from Supplier to properly manage and operate the Coffee Stores during the term of this Agreement. The Project Plan, when mutually agreed to by the Parties, shall be set forth in writing and shall be executed by both Parties. Such Project Plan may be amended, from time to time, but only upon the mutual written consent of both Parties. If the Parties are unable to agree in writing to a Project Plan within (30) days after the execution of this Agreement, either Party may terminate this Agreement by providing written notice to the other Party prior to execution of the Project Plan. It is mutually agreed that both Parties shall use their best efforts to execute the terms and conditions of the Project Plan. When Customer is in need of Equipment, Software or Services to be provided by Supplier under the terms of the Project Plan, Customer shall issue a purchase order to Supplier specifying the type and amount of Equipment, Software and Services to be purchased from Supplier. Such purchases orders shall be submitted to Supplier within a reasonable time prior to the time in which Customer will need to have the Equipment and Software operational. During the term of this Agreement, Customer agrees that it will not purchase Equipment, Software or Services specified in the Project Plan from any vendor, other than Supplier, unless Supplier consents in writing to such purchase.