Limited Manufacturing and Sales of RBX Products. Notwithstanding any provision of this Agreement, the parties agree that (i) RBX may sell the RBX Inventory Products in accordance with the Manufacturing Transition Plan and Marketing Transition Plan; and (ii) RBX may manufacture and sell the RBX Transition Products in accordance with the Manufacturing Transition Plan and during the Manufacturing Transition Period. All sales of such RBX Inventory Products and RBX Transition Products (collectively, "RBX Products") shall be transactions solely between RBX and its customers and RBX shall be solely responsible for all such sales, including, without limitation, pricing (consistent with historical practices), collection from customers, customer service and support, warranty claims and product liability claims. Such RBX Products shall be sold solely under the RBX Marks and no reference to Nomaco or use of the Nomaco Marks shall be used in any such sales or placed on any such RBX Products. Nomaco shall have no responsibility or liability with respect to the RBX Products or any manufacturing or sales thereof and RBX shall indemnify Nomaco in connection with the design, manufacturing, marketing and sale of the RBX Products in accordance with Section 9.
Appears in 8 contracts
Samples: Marketing Agreement (RBX Corp), Marketing Agreement (RBX Industries Inc), Marketing Agreement (RBX Corp)