PERFORMANCE BY DISTRIBUTOR Sample Clauses

PERFORMANCE BY DISTRIBUTOR. (a) Dixxxxxxxxx xhall promote the sale of the Products to the Markets in the Territory. Distributor shall make regular calls on the Markets in the Territory and shall advise the Markets on both commercial and technical matters. Stockhausen agrees to provide advisory support to Distributor in xxx xxxxarch and sales efforts of a quantity, nature and duration determined by Stockhausen in its sole discretion. (b) Distributor shalx xxxxxxx xo Stockhausen monthly and annual written reports in form and subxxxxxx xxxxptable to Stockhausen on Distributor's efforts and sales, and Distributox xxxxx xxxticipate in quarterly informational meetings with Stockhausen representatives, regarding the activity of any comxxxxxxxx xxd the Distributor's activity during the period. (c) During each twelve month period extending from January 1 through December 31 (the "Twelve Month Period") that this Agreement is in effect, Distributor shall purchase from Stockhausen (or arrange for the purchase from Stockhausen by a xxxxxxxx xpproved by Stockhausen pursuant to Sectixx 0(x) above) no less than a cerxxxx xxxxxx upon aggregate minimum purchase quantity of the Products. The annual aggregate minimum purchase quantity for the Products for the Twelve Month Periods beginning as of January 1, 2002, January 1, 2003 and January 1, 2004 are set forth on Schedule D attached hereto. Thereafter, the annual aggregate minimum purchase quantity shall be renegotiated in good faith annually taking into account without limitation the previous years sales, market conditions, discontinued Products, the efficacy and time to market of any substitute or replacement Products, and any price changes. In no event, however, shall the annual aggregate minimum purchase quantity ever be less than the quantity for January 1, 2004 indicated on Schedule D attached hereto or less than ninety percent (90%) of the actual aggregate quantity of the Products purchased by Distributor during the immediately preceding Twelve Month Period. The parties will use good faith efforts to agree upon the annual aggregate minimum purchase quantity for the next Twelve Month Period no later than December 31 of the current Twelve Month Period. The annual aggregate minimum purchase quantity for the Products for such Twelve Month Period shall be the greater of the quantity for January 1, 2004 indicated on Schedule D attached hereto or ninety percent (90%) of the actual aggregate purchase quantity of the Products purchased by Distributor dur...
Sample 1
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PERFORMANCE BY DISTRIBUTOR. 3.1 TRADE NOTIFICATION Distributor will notify all appropriate trade accounts that it has undertaken distribution of Publisher's books. It will also notify such trade media as Publisher's Weekly, Bookselling This Week and other appropriate media.
Sample 1
PERFORMANCE BY DISTRIBUTOR. As part of this Agreement, Archangel agrees: (a) To faithfully, fully and completely perform its responsibilities as described herein and to make payment to Safari of all bills, invoices and other obligations promptly, when due, as set forth in paragraph "7" hereof. (b) To make no unauthorized promises, representations or commitments in furtherance of this Agreement. (c) To aggressively promote the Molecuthane(tm) body armor inserts.
Sample 1

Related to PERFORMANCE BY DISTRIBUTOR

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • PERFORMANCE BY INVESTOR Investor shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.

  • Performance by Contractor The Contractor, at the Contractor's own expense, shall, except as herein otherwise specifically provided, furnish and provide all and every kind of labour and superintendence, services, tools, implements, machinery, plant materials, articles and whatsoever is necessary for the due execution of the work. The Contractor shall fully construct and erect the work in the most thorough, professional and substantial manner, in every respect to the satisfaction and approval of the Engineer. The Contractor shall complete the work within the time specified herein and deliver it to the Minister in the manner and upon the terms and conditions of the Contract.

  • Performance by Agent If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Agent, promptly pay any amount reasonably expended by the Agent in such performance or attempted performance to the Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Performance by Lender If the Pledgor shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Pledgor, and may enter upon the premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor to the Lender on demand, and shall constitute and become a part of the Obligations.

  • Performance by Secured Party If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand.

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