Manufacturing Relationship. 5.1 Soca. [***]
5.2 Other Manufacturers. [***]
Manufacturing Relationship. (a) Subject to the terms and conditions of the Agreement, Topps appoints Hershey as its exclusive manufacturer of the Product and Packaged Product to be sold in the Territory and Hershey accepts such appointment. All Products and Packaged Products shall be manufactured by Hershey at its current Memphis, Tennessee plant (which it hereby represents that it owns), except as otherwise agreed by Topps in writing. Nothing in this Agreement shall restrict Topps from selling the Packaged Product outside the Territory.
(b) So long as Hershey is able to provide Topps with the quantity and quality of the Packaged Product ordered hereunder and on the terms provided hereunder, during the term of this Agreement, Topps shall not, directly or indirectly, utilize another manufacturer to manufacture and/or package the Product and Packaged Product to be sold in the Territory. Nothing contained in this Agreement shall restrict Topps from using other manufacturers to (i) manufacture the Product or the Packaged Product for sale outside of the Territory or (ii) to manufacture items other than the Product or Packaged Product for sale anywhere in the world. In the event Topps desires to appoint a manufacturer for the Product or the Packaged Product to be sold or distributed by Topps (and not a licensee) outside of the Territory, Topps shall notify Hershey and Hershey shall have the right to submit a bid for the job within ten (10) days of such notice. Topps shall have the sole and absolute discretion, however, over the selection of any such manufacturer.
(c) Topps shall provide to Hershey by the 1st of each month in which this Agreement is in effect a written firm purchase order for the next calendar month (the "Purchase Order"). Topps and Hershey may upon mutual written agreement agree to replace written purchase orders with some form of electronic purchase order system. In the event the parties so agree, all terms and conditions of this Agreement governing written purchase orders other than the requirement that the purchase order be written shall apply equally to any electronic purchase orders. Upon receipt of the Purchase Order, Hershey shall notify Topps of its acceptance or rejection (only as permitted below) of the Purchase Order. In the event Hershey does not accept the Purchase Order, the parties will use their best efforts to mutually agree on a revised Purchase Order. Hershey shall, at all times, have sufficient Product production capacity to fully utilize all of Topps' ...
Manufacturing Relationship. IDT agrees to purchase Wafers from TSMC throughout the term of this Agreement in accordance with the terms and conditions of this Agreement as may be ordered by IDT from time to time at its sole discretion. Except for the right of first negotiation set forth in Section 4.2, and subject to TSMC’s Intellectual Property Rights including trademarks, this Agreement shall not be construed to limit in any way IDT’s rights to contract with other parties to manufacture, assemble, test, design or develop products, or to engage in such activities itself.
Manufacturing Relationship
