O.A Sample Clauses

O.A. Vendor shall warrant all products for a minimum period of one year (1 year) from date of sale to the end user. D&H and Large Format Retailers (thru D&H) may return defective product to Vendor for the length of the warranty for credit, not replacement or repair. As appropriate, D&H will request an RMA number for defective returns, which should be issued within 5 days from date of request. Vendor shall pay all freight charges incurred with defective returns, including those from Large Format Retailer to D&H. VOLUME REBATE: 2% of Net Purchases, to he paid quarterly INSURANCE COVERAGE AND INDEMNIFICATION: Vendor, at its own expense, must: (a) defend, or at its option settle, any Claims against D&H, and any large format retailer resulting from (i) Vendor's breach of the Agreement, including but not limited to its representations and warranties, (ii) a Product recall, (iii) claims that the Product(s) caused personal injury, death or personal property damage, and (iv) claims that the Product(s) infringe a third party's patent, trade secret, copyright, trademark rights or other proprietary right where such rights are enforceable as of the Effective Date; and (b) pay any award, damages or costs (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction or agree on in a settlement of any such Claim. D&H agrees to use its best efforts to give Vendor prompt written notice of any claims, to tender the defense to Vendor and to grant Vendor the right to control settlement and resolution. Vendor shall purchase and maintain a commercial general liability (occurrence) policy, which policy shall include coverage for premises and operations; products; contractual liability; broad form property damage, and personal injury liability. The policy shall have a combined single limit for bodily injury and property damage of $1,000,000 each occurrence; $1,000,000 for personal injury liability; $2,000,000 aggregate for products; and $5,000,000 general aggregate. D&H Distributing Co. shall be named as an additional insured tinder this policy and Vendor shall provide D&H a Certificate as evidence of such. The respective rights and obligations of the parties under this paragraph shall survive any termination of this Vendor Agreement.
Sample 1
AutoNDA by SimpleDocs

Related to O.A

  • Cellular Phone Employer shall provide Employee with a cellular phone for his use in performing his responsibilities with Employer. In the alternative, Employer shall pay Employee’s cellular phone expense.

  • WHEXXXX xs xxxx of a plan of reorganization, RESTART PARTNERS, L.P., a Delaware Limited Partnership ("Restart"), may acquire an ownership interest in Elsinore Corporation ("Elsinore") or the Four Queens, Inc. ("FQI");

  • ADV It has provided the Adviser with a copy of its Form ADV and will, promptly after making any amendment to its Form ADV, furnish a copy of such amendment to the Adviser.

  • IBM Credit may in its sole discretion from time to time decide the amount of credit IBM Credit extends to Customer, notwithstanding any prior course of conduct between IBM Credit and Customer. IBM Credit may combine all of its advances to make one debt owed by Customer.

  • Xxxxxxxx-Xxxxx Compliance As soon as it is legally required to do so, the Company shall take all actions necessary to obtain and thereafter maintain material compliance with each applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company.

  • Sxxxxxxx-Xxxxx Compliance As soon as it is legally required to do so, the Company shall take all actions necessary to obtain and thereafter maintain material compliance with each applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company.

  • AMD to the Fixed Interest Account, beginning with the date of such transfer, shall be credited with the Current Rate of Interest under this contract which was in effect on the date the transferred contribution was originally deposited into the Fixed Interest Account under the previous AUL contract.

  • Conhecimento da Lingua O Contratado, pelo presente instrumento, declara expressamente que tem pleno conhecimento da língua inglesa e que leu, compreendeu e livremente aceitou e concordou com os termos e condições estabelecidas no Plano e no Acordo de Atribuição (“Agreement” xx xxxxxx).

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • ISM Code and ISPS Code compliance All requirements of the ISM Code and the ISPS Code as they relate to the Borrowers, the Approved Manager and the Ships have been complied with.

Time is Money Join Law Insider Premium to draft better contracts faster.