Common use of REPRESENTATIONS AND WARRANTIES OF VAR Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF VAR. 7.1 VAR warrants and represents that: a) it is a Value Added Reseller; b) it is an experienced user of computer networking equipment and software and will not require any significant assistance from Hybrid in the incorporation of Products supplied by Hybrid; and c) it will rely largely on its own skill and expertise in selection of Products suitable for its purposes. 7.2 In a manner satisfactory to Hybrid and at VAR's sole expense, VAR agrees to: a) employ a competent and aggressive sales and technical support organization; b) maintain adequate manpower and facilities to assure prompt handling of inquiries, orders and shipments of Products; c) carry an adequate inventory in order to assure timely "off-the-shelf" delivery; d) assist VARs with system design and site certification; e) sell, install and secure acceptance of Hybrid's Products; f) keep Hybrid informed as to problems encountered and resolutions and to communicate promptly to Hybrid any and all modifications, design changes or improvements of the Products suggested by any customer, or any employees or agent of customer, and VAR further agrees that Hybrid shall be and remain the exclusive owner of such information; and g) submit a monthly sales forecast of Products covering the next three months by the third week of each month.

REPRESENTATIONS AND WARRANTIES OF VAR. 7.1 6.1 VAR warrants and represents that: a) it is a Value Added Reseller; b) it is an experienced user of computer networking equipment and software and will not require any significant assistance from Hybrid in the incorporation of Products supplied by Hybrid; and and, c) it will rely largely on its own skill and expertise in selection of Products suitable for its purposes. 7.2 6.2 In a manner satisfactory to Hybrid and at VAR's sole expense, VAR agrees to: a) employ a competent and aggressive sales and technical support organization; b) maintain adequate manpower and facilities to assure prompt handling of inquiries, orders and shipments of Products; c) carry an adequate inventory in order to assure timely "off-the-shelf" delivery; d) assist VARs customers with system design and site certification; e) sell, install and secure acceptance of Hybrid's Products; f) keep Hybrid informed as to problems encountered and resolutions and to communicate promptly to Hybrid any and all modifications, design changes or improvements of the Products suggested by any customer, or any employees or agent of customerVAR, and VAR further agrees that Hybrid shall be and remain the exclusive owner of such information; and g) submit a monthly sales forecast of Products covering the next three months by the third week of each month. 6.3 VAR agrees to act and perform with reasonable efforts in the best interest of Hybrid and at no time do, cause or permit to be done, published or said, any information, act or thing which is or may be detrimental to the best interests or business reputation of Hybrid.