Obligations of Manufacturer. A. In General
1. Manufacturer shall ensure that any Farmer, including any staff or independent technician assisting a Farmer at a Xxxxxx'x request, and any Independent Repair Facility that provides assistance to Farmers, has access (including electronic access as appropriate based on the nature of the item) on Fair and Reasonable terms to Manufacturer's Tools, Specialty Tools, Software and Documentation, including: • CNH Industrial Electronic Service Tool • Manuals (Operator, Parts, Service) • Product service demonstrations and customer training • On-board diagnostics via diagnostics port or wireless interface • Other publications with information on service, parts, operation and safety
2. Manufacturer will ensure that Farmers and Independent Repair Facilities will be able to access and obtain, per subscription or sale, Manufacturer's Tools, Specialty Tools, Software, and Documentation, as set forth above, from Manufacturer or from Authorized Repair Facilities on Fair and Reasonable terms.
3. Manufacturer shall ensure that any Farmer, including any staff or independent technician assisting a Farmer at a Xxxxxx'x request, and any Independent Repair Facility that provides assistance to Farmers, have electronic access on Fair and Reasonable terms to the CNH Industrial Electronic Service Tool, which is available for Farmers and Independent Repair Facilities to purchase from Authorized Repair Facilities or online directly from Manufacturer in the United States. • The CNH Industrial Electronic Service Tool will continue to allow the look-up of diagnostic codes, provide machine diagnostic connectivity with Electronic Data Link ("EDL"), and perform machine calibrations that require EDL. • Manufacturer will continue to provide access to operator’s and technical manuals. • The CNH Industrial Electronic Service Tool will continue to be available for Independent Repair Facilities to purchase online from Manufacturer in the United States. • Manufacturer shall assure availability of training for any purchaser of the CNH Industrial Electronic Service Tool.
4. Manufacturer shall ensure that a Farmer has electronic access on Fair and Reasonable terms to Manufacturer's Codes and Data and, with Farmer authorization, Codes and Data will be available to a Xxxxxx'x selected Independent Repair Facility. to:
5. This MOU shall not be interpreted or construed to require a Manufacturer
a) divulge trade secrets, proprietary or confidential information;
b) allow owners or Independent ...
Obligations of Manufacturer. During the term of this Agreement, and any applicable renewal periods, Manufacturer will bear sole responsibility to and shall:
a. Appoint a liaison (the “Manufacturer Liaison”) to interact with CAB on behalf of Manufacturer as respects this Agreement and to whom will be granted access to the facility provided by CAB through which Manufacturer may enter product information (the “Declaration Portal”) into CAB’s declaration database (the “Database”). Manufacturer’s Liaison will bear sole responsibility to further delegate and manage responsibilities within Manufacturer’s organization for entering such information into the Database via the Declaration Portal and communicate with the UL Solutions Contracting Party for ongoing compliance.
b. Enter into the Database via the Declaration Portal certain Product Information which Manufacturer elects, in its sole discretion, to declare under this Agreement related to the Products as they are sold by Manufacturer in one or more specific countries.
i. The Database supports Product Information as related to the sale of Products in only certain countries. Manufacturer understands that they cannot enter Product Information as it relates to sales in countries that are not supported on the Database. CAB is solely responsible for determining what countries are supported and therefore for which countries Manufacturer may enter Product Information. CAB may add or remove countries to/from the list of supported countries from time to time.
ii. In entering Product Information, Manufacturer is solely responsible for ensuring and hereby represents and warrants that all Product Information so entered is accurate in all material respects and that all units that are sold by Manufacturer of the subject Product in the applicable country(ies) conform with the Product Information entered for the Product in that country by Manufacturer. iii. Manufacturer understands that According to the Product Information that Manufacturer enters for the Product in each country, GEC shall assign each Product as entered in each country the designation (each, a “Designation”) as EPEAT Gold, EPEAT Silver, or EPEAT Bronze corresponding to the appropriate level identified in the adopted EPEAT standard applicable to the Product. Because Manufacturer may enter different Product Information for the same Product in different countries, Manufacturer understands that a Product may have different Designations in different countries. In addition, CAB may establish al...
Obligations of Manufacturer. 2.1 Manufacture of Products. Manufacturer shall use reasonable efforts to maintain the necessary manufacturing capability to fill all orders for Products received from Distributor and accepted pursuant to the provisions of this Agreement. In the event of a Product shortage for any reason, Manufacturer shall have the right to allocate or apportion available Products among its customers as Manufacturer, in the exercise of its discretion, deems appropriate, without incurring any liability to Distributor. Manufacturer reserves the right to add to, modify, alter, improve or change the manufacture or sale of any or all of the Products upon thirty (30) days' prior notice to Distributor and to discontinue the manufacture or sale of any or all of the Products upon one hundred twenty (120) days' prior notice to Distributor.
Obligations of Manufacturer. 3.1. MANUFACTURER takes the engagement to answer to the requirements of the Article 10 of the In Vitro Diagnostic Medical Devices Regulation 2017/746/EU - “General obligations of manufacturers” (See Attachment 1 of this agreement) at the effective dates defined by Regulation (EU) 2022/112 (See attachment 3).
Obligations of Manufacturer. During the Term, Manufacturer shall:
(a) Deliver Products to the Premises specified by DDN during DDN’s normal business hours.
(b) Properly xxxx, label and package all Products in accordance with all applicable Laws and include a manifest showing sizes or specific stock keeping units.
(c) Comply with all applicable Laws to which Manufacturer is subject including, without limitation, those with respect to the manufacture of Products, their safety, labeling, packaging, advertising, marketing and sale and, to the extent applicable, advance verification of distributees’ licensure or authorization to receive and/or prescribe Products (or samples thereof).
(d) Provide DDN on a timely basis with true and correct information necessary for DDN to perform its duties hereunder, including, without limitation, information regarding the Products, the name and address of the intended Customers, all contracts and pricing agreements, promotional policies and other information as may be needed by DDN in connection with its duties under Section 2, and validate in advance of shipment the distributees designated by Manufacturer to receive shipment of such Products as may be required for DDN to comply with any obligations under applicable Laws (including, without limitation, the Prescription Drug Marketing Act and regulations promulgated thereunder). DDN shall be entitled to rely upon all such information provided without independent verification, shall have no liability with respect to, and shall be indemnified and held harmless by Manufacturer from and against the inaccuracy or inadequacy of, such information.
(e) Utilize DDN exclusively as its third party logistics provider for the types of services to be provided under Section 2 for all of Manufacturer’s requirements for such services with respect to all Products destined for delivery or delivered within the Territory. Notwithstanding the foregoing, nothing herein shall prevent Manufacturer from continuing to warehouse and ship Products from its company-owned or leased facilities.
(f) Pay when due the fees and expenses for DDN’s services rendered hereunder, as listed on Exhibit B, and as maybe hereafter adjusted from time to time by DDN by giving a written notice to Manufacturer (an “Adjustment Notice”), subject to Manufacturer’s right to terminate for DDN/Obergfel certain rate increases as set forth at Section 8 hereof. Each Adjustment Notice shall specify the effective date of the adjusted fees and expenses, which effecti...
Obligations of Manufacturer. Upon termination of this Agreement for any reason, Manufacturer shall, and shall cause its sub-agents to, immediately cease using and shall, upon request of XM, deliver to XM; (a) any unused XM sales literature; and (b) all forms, directives, policy manuals and other written information and materials supplied to it by XM pursuant to this Agreement or which contain XM’s Marks. On termination, Manufacturer shall immediately discontinue all solicitations of XM Programming Packages and all use of XM’s Confidential Information and shall cease to identify itself as an authorized entity promoting and soliciting on behalf of XM’s DARS or otherwise affiliated in any manner with XM. Manufacturer agrees that for a period of two (2) years after termination, Manufacturer shall not directly solicit any Subscriber, who was procured by Manufacturer and is an XM Subscriber as of such termination date to terminate their XM service and activate with another DARS.
Obligations of Manufacturer. 5.1 Manufacture of Product
5.2 Supply-or-pay obligation
Obligations of Manufacturer. All obligations of Manufacturer hereunder shall constitute the joint and several obligations of Pouyer and Uni-Mat.
Obligations of Manufacturer. Manufacturer shall produce and deliver Products that are of high quality, competitive styling and performance, and an adequate supply of repair and replacement parts for resale and use in the Territory. Manufacturer shall use its best efforts to fill the Distributor's purchase orders promptly. In addition, Manufacturer has the responsibility to deliver to the Distributor the following current literature, technical information and other materials of like nature relating to the Products at its sole cost and expense as requested by Distributor from time to time:
(1) Dealer sales brochures.
(2) Dealer sales training material.
(3) Dealer repair technician manuals and training materials.
(4) Motorcycle owner's manuals.
(5) Copy for local newspaper, billboard, radio and television advertising. Furthermore, Manufacturer will forward to Distributor all inquiries it receives from customers in the Territory. Distributor agrees to adhere to and be bound by the provisions of the Michigan Dealer Act (MCLA 445.1561, et. seq.) in its relationship with Dealers within the Territory. Manufacturer and Distributor agree that for purposes of defining their relationship, Manufacturer shall be considered as such and Distribution shall be treated as a dealer as that term is defined is the Michigan Dealer Agreement.
Obligations of Manufacturer. Manufacturer will provide the following at no cost to ECM, in quantities and as otherwise deemed commercially reasonable by Manufacturer:
a. Current pricing and other information on the Products;
b. Marketing materials and samples for sales programs;
c. Training and technical support for the Products sold by ECM; and
d. A monthly status report listing all accepted orders that have not yet been shipped, indicating the part number, quantity, order date, purchase order number and Date of Shipment (as defined below) for each such order.
