Common use of Joint Marketing and Sales Efforts Clause in Contracts

Joint Marketing and Sales Efforts. During the Term, XXX and XXX agree to use their respective commercially reasonable efforts to promote the sales of the XXX Aircraft, including the following: 2.1.1 Each of TAI and XXX shall appoint one (1) representative to serve as a primary point of contact for all marketing and sales related efforts by the Parties with respect to the XXX Aircraft. 2.1.2 At least sixty (60) days prior to the end of each calendar year during the Term, TAI and XXX shall mutually agree upon marketing and promotion plans for the upcoming calendar year (such terms shall be contained in the “Annual Plan”). The Parties shall mutually agree upon an initial set of marketing concepts within thirty (30) days of the Effective Date (the “Initial Marketing Plan”). Each of TAI’s and SAM’s agreement on the Initial Marketing Plan and each Annual Plan shall be in their good faith discretion. The Initial Marketing Plan and each Annual Plan [*****]. Any claims or representations contained in the Initial Marketing Plan and each Annual Plan must be approved by each of TAI and XXX in their sole discretion. The Initial Marketing Plan and each Annual Plan will include SAM’s payment to TAI of TAI’s costs and fees in connection with such plan. In accordance with the Initial Marketing Plan and subsequent Annual Plans, TAI and XXX shall each promote the sale of the XXX Aircraft and use their respective commercially reasonable efforts to engage in activities designed to increase the volume of such sales and promote the goodwill of the XXX Aircraft. 2.1.3 XXX and TAI shall each (a) include the XXX Aircraft in sales and marketing materials (print and digital) distributed to SAM’s and TAI’s networks of authorized dealers, (b) prominently display the XXX Aircraft on pages of the XXX and TAI websites and other XXX and TAI digital channels (e.g., Twitter, Instagram, Facebook, etc.) featuring the Caravan, (c) include representatives of XXX and TAI at certain XXX and TAI trade show booths as may be attended by TAI, in its sole discretion, including the National Business Aviation Association (NBAA) Business Aviation Convention & Exhibition, EAA AirVenture, European Business Aviation Convention (EBACE), and Paris / Farnborough / Dubai / Singapore Air Shows, (d) market New Aircraft and Conversions of pre-owned Caravan to XXX Aircraft across each of the global service networks of XXX and TAI to all owners of pre-owned Caravan, and (e) not advertise or offer any third-party Exclusive System variants of the Caravan with respect to any of the activities described in subclauses (a) – (d) above or otherwise. 2.1.4 Each XXX Aircraft may be labeled as to the propulsion system – e.g., “XXX EP1”, or such other designation as agreed in writing by the Parties in their sole discretion – in promotional and sales materials, print and digital, as well as on the outer hull of New Aircraft that is a XXX Aircraft (it being understood that such identification shall in in addition and subordinated to, and not in lieu of, XXX’s branding of the Caravan – e.g., Xxxxxx Xxxxxxx). 2.1.5 To promote sales of New Aircraft by XXX, XXX will share with TAI all inquiries and sales leads developed by XXX for XXX Aircraft. In addition, at the election of XXX, XXX may direct to TAI leads and sales possibilities for Conversions. 2.1.6 TAI may elect to utilize third-party service providers in performing its obligations pursuant to this Agreement.