Common use of Organization and Management Clause in Contracts

Organization and Management. The JV Truck Replacement Parts business shall be managed by the Company’s Parts and Service Manager, who shall report to the President. The Company’s Parts and Service Manager shall have the following parts and product support responsibilities, provided, that (a) as applicable, such responsibilities shall be subject to each Member’s brand requirements, and (b) the Company, with the Majority Consent of the Board, may engage Caterpillar or Navistar to perform any or all of such responsibilities pursuant to the Master Terms for Purchased Services: (i) establishing service standards, including time allowed for providing parts and product support; (ii) pricing of JV Truck Replacement Parts for JV Dealers; (iii) developing parts business plans (including profit and loss); (iv) providing forecasted JV Truck Replacement Parts requirements; (v) managing JV Truck Replacement Parts and product support related needs associated with the introduction of new JV Trucks models; (vi) providing parts stock, service tooling, technical information, suggested parts stocking list, training, and related matters; (vii) acquiring parts distribution and logistics services; (viii) providing critical technical marketing support (including application and installation) and field service support (including service engineering) functions for both Caterpillar Truck Models and Navistar Truck Models; and (ix) acquiring parts and service publications (parts books, service manuals, operation and maintenance manuals, SIS Web, and related documents) for both Caterpillar Truck Models and Navistar Truck Models, per brand requirements.

Organization and Management. The JV Truck Replacement Parts business shall be managed by the Company’s Parts and Service Services Manager, who shall be a Vice-President and report to the President. The Company’s Parts and Service Services Manager shall have the following parts and product support responsibilities, provided, that (a) as applicable, such responsibilities shall be subject to each Member’s brand requirements, and (b) the Company, with the Majority Consent of the Board, may engage Caterpillar or Navistar to perform any or all of such responsibilities pursuant to the Master Terms for Purchased Services: (i) establishing service standards, including time allowed for providing parts and product support; (ii) pricing of JV Truck Replacement Parts for JV Dealers; (iii) developing parts business plans (including profit and loss); (iv) providing forecasted JV Truck Replacement Parts requirements; (v) managing JV Truck Replacement Parts and product support related needs associated with the introduction of new JV Trucks models; (vi) providing parts stock, service tooling, technical information, suggested parts stocking list, training, and related matters; (vii) acquiring parts distribution and logistics services; (viii) providing critical technical marketing support (including application and installation) and field service support (including service engineering) functions for both Caterpillar Truck Models and Navistar Truck Models; and (ix) acquiring parts and service publications (parts books, service manuals, operation and maintenance manuals, SIS Web, and related documents) for both Caterpillar Truck Models and Navistar Truck Models, per brand requirements.