Common use of National Pricing Clause in Contracts

National Pricing. Notwithstanding the foregoing provisions of Section 2 or this Section 9, it is understood that Manufacturer may, as is common in the food industry, negotiate "national" or "regional" pricing agreements with certain accounts (such as airlines or Wal-Mart, to take two examples) where the Manufacturer's distributors, including the Distributor hereunder, continue to sell to such accounts, but this Agreement is modified to the extent necessary to accommodate such national pricing agreements, subject to reaching mutual agreement between the parties in each case. The parties agree to make such necessary amendments to implement agreements reached under this Section 9.4. In the event that the Distributor does not agree to any such national pricing arrangement within 14 days after a reasonably specific presentation of the arrangement to the Distributor, then the Manufacturer shall have the right to arrange for other distribution for such national pricing arrangement.

Appears in 1 contract

Samples: Distribution Agreement (Ben & Jerrys Homemade Inc)

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National Pricing. Notwithstanding the foregoing provisions of Section 2 or this Section 9, it is understood that Manufacturer may, as is common in the food industry, negotiate "national" or "regional" pricing agreements with certain accounts (such as airlines or Wal-Mart, to take two examples) where the Manufacturer's distributors, including the Distributor hereunder, continue to sell to such accounts, but this Agreement is modified to the extent necessary to accommodate such national pricing agreements, subject to reaching mutual agreement between the parties in each case. The parties agree to make such necessary amendments to implement agreements reached under this Section 9.49.3. In the event that the Distributor does not agree to any such national pricing arrangement within 14 days after a reasonably specific presentation of the arrangement to the Distributor, then the Manufacturer shall have the right to arrange for other distribution for such national pricing arrangement.

Appears in 1 contract

Samples: New Distribution Agreement (Ben & Jerrys Homemade Inc)

National Pricing. Notwithstanding the foregoing provisions of Section 2 or this Section 9, it is understood that Manufacturer may, as is common in the food industry, negotiate "national" or "regional" pricing agreements with certain accounts (such as airlines or Wal-Mart, to take two examples) where the Manufacturer's distributors, including the Distributor hereunder, continue to sell to such accounts, but this Agreement is modified to the extent necessary to accommodate such national pricing agreements, subject to reaching mutual agreement between the parties in each case. The parties agree to make such necessary amendments to implement agreements reached under this Section 9.49.3. In the event that the Distributor does not agree to any such national pricing arrangement within 14 days after a reasonably specific presentation of the arrangement to the Distributor, then the Manufacturer shall have the right to arrange for other distribution for such national pricing arrangement.any

Appears in 1 contract

Samples: New Distribution Agreement (Dreyers Grand Ice Cream Inc)

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National Pricing. Notwithstanding the foregoing provisions of Section 2 or this Section 9, it is understood that Manufacturer may, as is common in the food industry, negotiate "national" or "regional" pricing agreements with certain accounts (such as airlines or Wal-Mart, to take two examples) where the Manufacturer's ’s distributors, including the Distributor hereunder, continue to sell to such accounts, but this Agreement is modified to the extent necessary to accommodate such national pricing agreements, subject to reaching mutual agreement between the parties in each case. The parties agree to make such necessary amendments to implement agreements reached under this Section 9.49.3. In the event that the Distributor does not agree to any such national pricing arrangement within 14 days after a reasonably specific presentation of the arrangement to the Distributor, then the Manufacturer shall have the right to arrange for other distribution for such national pricing arrangement.

Appears in 1 contract

Samples: Distribution Agreement and First (Dreyers Grand Ice Cream Inc)

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