Common use of Navistar Brand Clause in Contracts

Navistar Brand. The Company may retain, upon the determination of the Board by Majority Consent, either Member (pursuant to the terms of the Master Terms for Purchased Services between the Company and such Member) to serve as the purchasing agent for the Company for Navistar Brand JV Truck Replacement Parts using such Member’s Purchasing Group in accordance with sourcing decisions made by the Sourcing Council. The systems utilized by the purchasing agent shall be configured to handle Navistar’s numbering or nomenclature for Navistar Brand JV Truck Replacement Parts. The Company may retain, upon the determination of the Board by Majority Consent, the appropriate logistics services provider (including Caterpillar Logistics Services, Inc.) for the distribution of Navistar Brand JV Truck Replacement Parts. Navistar shall determine its JV Truck Replacement Parts brand strategy and numbering requirements. The Company shall use its commercially reasonable efforts to include in its sales and services agreements with the applicable JV Dealers in the relevant territories a provision authorizing such JV Dealers to sell Navistar Brand JV Truck Replacement Parts to any former Navistar dealer solely to enable such former Navistar dealer to service any products utilizing a Navistar brand sold by such dealer prior to the Effective Date.

Navistar Brand. The Company may retain, upon the determination of the Board by Majority Consent, either Member (pursuant to the terms of the Master Terms for Purchased Services between the Company and such Member) to serve as the purchasing agent for the Company for Navistar Brand JV Truck Replacement Parts using such Member’s Purchasing Group in accordance with sourcing decisions made by the Sourcing Council. The systems utilized by the purchasing agent shall be configured to handle Navistar’s numbering or nomenclature for Navistar Brand JV Truck Replacement Parts. The Company may retain, upon the determination of the Board by Majority Consent, the appropriate logistics services provider (including Caterpillar Logistics Services, Inc.) for the distribution of Navistar Brand JV Truck Replacement Parts. Navistar shall determine its JV Truck Replacement Parts brand strategy and numbering requirements. The Company shall use its commercially reasonable efforts to include in its sales and services service agreements with the applicable JV Dealers in the relevant territories a provision authorizing such JV Dealers to sell Navistar Brand JV Truck Replacement Parts to any former Navistar dealer solely to enable such former Navistar dealer to service any products utilizing a Navistar brand sold by such dealer prior to the Effective Core ROW Country Launch Date.