Own Use; Not For Resale. If Member is a nonprofit organization, Member represents and warrants that all goods purchased through Provista Supplier Agreements will be for Member's “own use,” within the meaning of the Nonprofit Institutions Act as interpreted by the U.S. Supreme Court in Xxxxxx Laboratories v. Portland Retail Druggist Association Inc., 000 X.X. 0 (1976), and following cases. Notwithstanding, in no event shall Member sell, resell, lease or otherwise transfer goods purchased through Provista Supplier Agreements to a third party unless expressly permitted by the terms of the applicable Provista Supplier Agreement. Any breach of the foregoing representation and warranty may result in immediate termination of this Agreement.
Appears in 6 contracts
Samples: Provista Gpo Participation Agreement, Provista Gpo Participation Agreement, Provista Gpo Participation Agreement
Own Use; Not For Resale. If Member Customer is a nonprofit organization, Member Customer represents and warrants that all goods purchased through Provista Supplier Agreements will be for MemberCustomer's “own use,” within the meaning of the Nonprofit Institutions Act as interpreted by the U.S. Supreme Court in Xxxxxx Laboratories v. Portland Retail Druggist Association Inc., 000 X.X. 0 (1976), and following cases. Notwithstanding, in no event shall Member Customer sell, resell, lease or otherwise transfer goods purchased through Provista Supplier Agreements to a third party unless expressly permitted by the terms of the applicable Provista Supplier Agreement. Any breach of the foregoing representation and warranty may result in immediate termination of this Agreement.
Appears in 4 contracts
Samples: Provista Gpo Participation Agreement, Provista Gpo Participation Agreement, Provista Gpo Participation Agreement
Own Use; Not For Resale. If Member Customer is a nonprofit organization, Member Customer represents and warrants that all goods purchased through Provista Supplier Agreements will be for MemberCustomer's “own use,” within the meaning of the Nonprofit Institutions Act as interpreted by the U.S. Supreme Court in Xxxxxx Laboratories v. Portland Retail Druggist Association Inc., 000 X.X. 0 425 U.S. 1 (1976), and following cases. Notwithstanding, in no event shall Member Customer sell, resell, lease or otherwise transfer goods purchased through Provista Supplier Agreements to a third party unless expressly permitted by the terms of the applicable Provista Supplier Agreement. Any breach of the foregoing representation and warranty may result in immediate termination of this Agreement.
Appears in 2 contracts
Samples: Provista Gpo Participation Agreement, Provista Gpo Participation Agreement
Own Use; Not For Resale. If Member is a nonprofit organization, Member represents and warrants that all goods purchased through Provista Supplier Agreements will be for Member's “own use,” within the meaning of the Nonprofit Institutions Act as interpreted by the U.S. Supreme Court in Xxxxxx Laboratories v. Portland Retail Druggist Association Inc., 000 X.X. 0 425 U.S. 1 (1976), and following cases. Notwithstanding, in no event shall Member sell, resell, lease or otherwise transfer goods purchased through Provista Supplier Agreements to a third party unless expressly permitted by the terms of the applicable Provista Supplier Agreement. Any breach of the foregoing representation and warranty may result in immediate termination of this Agreement.
Appears in 1 contract
Samples: Provista Gpo Participation Agreement