Purchase of Products and Services. During the term of this Agreement, Purchaser will purchase from McLane, and XxXxxx will sell to Purchaser, substantially all of Purchaser’s requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalers. Such products shall include those standard convenience food store items, including, but not limited to, the following (the “Products”):
(a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs;
(b) Deli foods, including meats and salads, breakfast foods, nachos and bulk sausage, xxxxxx, cheese and fish;
(c) Frozen foods, such as fruits, vegetables and juices;
(d) Frozen fast foods, such as burritos, pizza, pizza pieces, frozen sandwiches and salads;
(e) Candy, snacks and popcorn,
(f) Cigarettes and tobacco products;
(g) Cold packaged meats, lunch meats and cheeses;
(h) Shortening, breading and kitchen supplies;
(i) Private or controlled label soft drinks and beverages;
(j) Post mix products;
(k) Store supply items, i.e., bags, wraps, fast food supplies (including napkins, individual condiments and cleaners);
(l) Cooler items, i.e., cheese, biscuits, dips, cultured products, butter and margarine;
(m) Health and beauty aids, hosiery, and film and flash; and,
(n) General merchandise items, including motor oil, other automotive products, housewares, hardware, electrical supplies, baby supplies, sunglasses, lighters, toys and pet supplies. McLane, by and through its divisions and/or subsidiaries, shall supply and deliver those products described hereinabove which are ordered by purchaser on a weekly basis according to those prices outlined in the Billing Plan attached hereto as Exhibit ”A” and made a part hereof. Significant changes in fuel prices may also involve additional charges.
Purchase of Products and Services. In addition to the above general terms and conditions, the following specific terms and conditions shall apply to all Agreements whereby KIT purchases Products and/or Services from the Other Party. To the extent that any provision of this section is contrary to any general provision of these Conditions, the provisions in this section shall prevail.
Purchase of Products and Services. The Facilities shall have access to the Program and may purchase Products and Services under Vendor Contracts. Each Facility that makes a purchase shall be subject to all terms and conditions of this Agreement.
Purchase of Products and Services. (a) Subject to the terms and conditions set forth in this Agreement, Participant, on behalf of itself and its Locations, hereby designates CPG to act as its exclusive group purchasing organization for the Committed Categories, subject to any exceptions expressly stated in this Agreement or Exhibit A to this Agreement. Participant and its Locations are hereby granted access to the Committed Vendor Contracts, pursuant to which Participant and its Locations will purchase Products and Services available thereunder for use by Participant and Locations, in compliance with the terms of such Committed Vendor Contracts. Participant and its Locations are also granted access to the Non-committed Vendor Contracts for Participant and its Locations to purchase Products and Services available thereunder for use by Participant and Locations, on an optional basis in compliance with the terms of such Non-committed Vendor Contracts. Participant, on behalf of itself and its Locations, hereby authorizes CPG, as its agent for such purposes, to (i) negotiate the terms of and enter into Vendor Contracts, and to cancel or modify any Vendor Contracts as it deems necessary, advisable or appropriate; (ii) receive rebates from Vendors based on purchases by Participant and its Locations under Vendor Contracts, for payment by CPG to Participant; and (iii) subject to the terms of Section 9 hereof, to receive from Vendors, distributors, and e-commerce companies, data relating to purchases of Products and Services under Vendor Contracts by Participant and Locations.
(b) Before any Locations are granted access to the Program, upon request by CPG, Participant shall provide a signed GPO Affiliation Certificate (a copy of which is attached hereto as Exhibit C) for itself and its Locations that are to participate in the Program, so that copies of such Certificate can be provided by CPG to Vendors to indicate such Location is a participant in CPG and is bound by the terms of this Agreement, and to further indicate the Committed Categories in which participation in CPG will initially take place. Participant shall provide CPG with an electronic file containing a list of all Locations along with additional relevant information for each Location in a format designated by CPG. Participant shall provide to CPG an updated electronic file of its Locations that are to participate in the Program on a periodic basis as it adds and deletes Locations. Participant and CPG hereby agree that upon Participant’s ...
Purchase of Products and Services. 4.1 Customer agrees to purchase the Products and Services set out in this Sales Order.
4.2 All pricing described in this Sales Order will expire if Customer does not execute and return this Sales Order to Adobe on or before 31 October 2015. If Customer returns this Sales Order to Adobe after the deadline, Adobe may accept this Sales Order in its sole discretion.
Purchase of Products and Services. In addition to these Terms of Use, when purchasing or using Products and Services on this Site that are offered by Company, including without limitation, tickets to attend or participate in the Avalanche Summit or any other event and merchandise, you will be subject to any agreements or licenses applicable to those Products and Services (“Specific Agreements”), including without limitation, participation agreements. Specific Agreements may contain terms and conditions in addition to those in the Terms of Use, but all terms and conditions of the Specific Agreements and the Terms of Use apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the Specific Agreement controls with respect to your rights to the Product and Service. By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Purchase of Products and Services. You must purchase fuel oil, certain equipment and certain proprietary products and services solely from approved suppliers who have proved, to the continuing reasonable satisfaction of Able Oil, the ability to meet Able Oil's reasonable standards and specifications for such products and related services. These approved suppliers must meet all of Able Oil's specifications and standards as to content, quality, appearance, warranty, performance and serviceability and must adequately demonstrate their capacity and facilities to supply your needs for an effective and efficient operation of the Franchised Business as well as all Franchised Businesses operating under Able Oil's System.
Purchase of Products and Services. You agree to purchase or subscribe to the Products and Services documented in the Sales Order Form(s) set forth in Schedule A, or any subsequent Sales Order Forms that are completed and approved under this SaaS Subscription Agreement. A signed or electronically approved Sales Order Form by Customer, or a purchase order issued from Customer referencing the Sales Order Form, will be deemed formal acceptance of the Sales Order Form. For any Sales Order Form to be effective, it must be in writing and physically signed or electronically authenticated by Customer. Electronic documents are considered to be in writing for this purpose. Electronically authenticated uses electronic means to identify the individual approving the Sales Order Form by using a secure login to the SaaS Solution or other electronic sales order acceptable system. The Sales Order Form will supersede any previous written or verbal commitment for that said purchase, unless supporting documents are referenced in the Sales Order Form.
Purchase of Products and Services. 4.1 Customer agrees to purchase the Products and Services set out in this Sales Order. Adobe Systems Incorporated is the licensor of any Products and Services (if any) to be deployed in the United States, Canada, or Mexico; Adobe Systems Software Ireland Limited is the licensor of all products (if any) to be deployed outside of those three countries.
4.2 All pricing described in this Agreement will expire if Lead Entity does not execute and return this Sales Order to Adobe (and submit its purchase order to Adobe Partner) on or before 31 July 2015. If Lead Entity returns this Sales Order to Adobe after the deadline, Adobe may accept this Sales Order in its sole discretion.
Purchase of Products and Services. During the term of this Agreement, Mapco and all affiliates of Mapco will purchase from McLane, and XxXxxx will sell and deliver to Mapco and any affiliate of Mapco all of the stores' requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalers in accordance with the prices and other terms and conditions outlined in the Exhibits A, B and C attached hereto and incorporated herein for all purposes. Such products shall include all standard convenience food store items, including, but not limited to, the following (the "PRODUCTS"): (a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs;
