Primary Supplier Clause Samples

Primary Supplier. 23 3.6 Supply to Customers Under New Rate Schedules or Rate Riders ........ 23

Primary Supplier. During the Term of this Agreement KeHE will be the Primary Supplier for all Products purchased by SFM for SFM Stores. [***] The Parties will work together in good faith to review the information, including but not limited to, volume and frequency, [***].

Primary Supplier. DLC will consider Telenetics as its primary supplier of the Products and associated products for automated meter reading, substation automation and other similar uses and Telenetics will sell Products to DLC from time to time at DLC's request at the most favorable price, terms and conditions offered any other customer in the last six (6) months prior to such request.

Primary Supplier. During the term of the Commercial Supply Agreement, Customer will purchase from Agilent at least [**] percent ([**]%) of its requirements of Product for use in the United States, European Union, and any additional future jurisdictions as mutually agreed to by the Parties in writing (“Territory”).

Primary Supplier. The term of this Agreement shall be for the sixty (60) month period from the Implementation Date of this Agreement, and for such period Phar-Mor agrees to designate McKesson as its primary supplier for Merchandise and to purchase from McKesson substantially all of the requirements of its pharmacies for Merchandise. It is agreed by the parties that the Implementation Date of this Supply Agreement shall be November 15, 1996, provided that this Agreement is signed by Phar-Mor no later than June 20, 1997. In the event that Phar-Mor does not sign this Agreement by June 20, 1997, the Implementation Date will become the date that this Agreement is fully executed by both parties. Except as otherwise expressly specified in this Agreement, the annual periods specified in this Agreement and all volume incentives, rebates and other amounts to be paid hereunder by McKesson shall be based on the Implementation Date. Both parties agree to review this Agreement annually between November 1 and December 1. The purpose of this review process is to allow both parties to address any pertinent changes within the market or their own internal organizations that would influence the structure of this Agreement. Provided that Phar-Mor meets its commitment to both sales volume and timely payments, McKesson will not propose any increase to this Agreement's cost of goods schedule. Quarterly meetings will be held between senior managers of both parties to ensure constant communication. In the event of an acquisition, merger or other business combination that involves Phar-Mor, directly or indirectly ("Business Combination"), it is intended by the parties that one of the three specific pricing options set forth below shall apply to such Newly Affiliated Pharmacies: (i) If any such Newly Affiliated Pharmacies are subject to existing agreements which, after reasonable efforts by Phar-Mor, cannot be terminated without penalty, then such pharmacies will not be subject to this Agreement until such agreements expire. Further, if such pharmacies are subject to agreements with better terms and conditions than those provided for herein, then Phar-Mor may provide McKesson with the opportunity to meet the terms and conditions provided in such agreement for such pharmacy. If within fifteen (15) days of its receipt of such notice from Phar-Mor, McKesson is unable or unwilling to meet such terms and conditions, then such Newly Affiliated Pharmacy shall not be subject to this Agreement, and Phar-Mor sh...

Primary Supplier. A new section 2.4 shall be added to the Agreement as follows:

Primary Supplier so long as Pirelli is not in default under the terms and conditions of this Agreement, Purchaser shall purchase from Pirelli at least eighty percent (80%) of its network requirements for optical amplifier and wavelength division multiplexing equipment having channel capacity or other technical capabilities equal to or less than the Equipment and Expansion Equipment during the Term of this Agreement. Failure to comply with this provision shall be a material breach of this Agreement.

Primary Supplier. Participating Entity agrees that, unless otherwise set forth in mutually agreed transaction documents, the Participating Entity shall use Supplier as its “Primary Supplier” of the inventory, parts, and equipment covered by this. Participating Entities may purchase items outside of the Participating Addendum where it is determined to be more economical or timely so long as the purchase of aforesaid part or parts does not result in Supplier no longer being the Participating Entity’s Primary Supplier. “Primary Supplier” means the supplier that provides a minimum of 80% of the inventory needs of the Participating Entity.

Primary Supplier. AWS recognizes FWT as its primary supplier for Products offered under this Agreement, and warrants that it shall endeavor in good faith to use FWT as its primary supplier for seventy percent (70%) of the Products it purchases during the term of this Agreement. This seventy percent (70%) goal is a good faith estimate by AWS, but actual purchases by AWS may vary from this amount. AWS will actively support FWT's Primary Supplier status and will make all reasonable efforts to ensure FWT is and remains AWS's Primary Supplier during the term of this Agreement. AWS and FWT agree to fully cooperate in the design and development of the Products to meet AWS's future needs and to share information and resources necessary to ensure such product availability to AWS. The foregoing notwithstanding, it is expressly understood and agreed that this Agreement does not grant FWT an exclusive privilege to sell to AWS any or all products which AWS may require; and AWS may contract with other manufacturers and suppliers for the procurement of comparable products.