Common use of Sales Responsibility Clause in Contracts

Sales Responsibility. a. Dealer agrees to promote vigorously and aggressively the sale at RETAIL of PRODUCTS in order to assure maximum sales of PRODUCTS and further agrees to obtain a reasonable share of the market in Dealer’s designated PMR and a reasonable total sales revenue for all PRODUCTS which dealer is authorized to sell. It is agreed that a reasonable MARKET SHARE within the designated PMR shall be 90% of the average MARKET SHARE that New Holland PRODUCTS or EQUIPMENT achieve within Dealer’s state or REGIONAL SALES AREA. The Company, at its sole discretion, will determine whether Dealer’s state or REGIONAL SALES AREA will be used to measure Dealer’s performance. b. Dealer also agrees to develop, maintain and direct a sufficient number of trained, qualified sales personnel and shall conduct aggressive advertising and sales promotion activities. c. Dealer understands and agrees that its performance of its PRODUCT sales (and, where appropriate, leasing and rental) responsibility hereunder shall be measured by the Company through the use, exclusively, of such reasonable criteria as the Company may adopt, and without limitation, taking into consideration the Dealer’s MARKET SHARES within its PMR, total revenue, total sales, leases and rentals of PRODUCTS and its sales, leases and rentals of EQUIPMENT categorized by PRODUCT LINE, to customers in the PMR. The Dealer’s prior sales performance with the Company may be considered in evaluating Dealer’s performance under this Agreement. The Company may from time to time conduct surveys (by use of questionnaires or otherwise) of owners, lessees and renters of EQUIPMENT purchased, leased or rented from Dealer to determine the satisfaction of those owners, lessees and renters with the sales, leasing and rental efforts of Dealer. The results of these surveys may be taken into consideration in assessing Dealer’s performance under this Agreement. d. In addition to the remedies for breach hereof as set forth in Paragraph 23(c), if Dealer fails to carry out its PRODUCT sales responsibility hereunder in the sale of a PRODUCT LINE or specific EQUIPMENT in a PRODUCT LINE, the Company may, at its sole discretion, and after thirty (30) days prior written notice, remove that PRODUCT LINE or EQUIPMENT from Schedule B. In such event, Dealer will no longer be authorized to sell that PRODUCT LINE or EQUIPMENT. e. Dealer shall not offer for sale or sell as a GENUINE PART, any assembly, subassembly, component, accessory (or any part thereof) that is not a GENUINE PART. f. The Company reserves the right to sell, rent or lease PRODUCT directly to end users within Dealer’s designated PMR or elsewhere without incurring any liability to Dealer. The term “end users” shall include, but not be limited to, governmental agendas, institutions or entities, educational or charitable institutions, rental companies and accounts classified by the Company as national accounts. The Company shall have no liability to Dealer for any sales made pursuant to this Paragraph.

Sales Responsibility. a. Dealer agrees to promote vigorously and aggressively the sale at RETAIL of PRODUCTS in order to assure maximum sales of PRODUCTS and further agrees to obtain a reasonable share of the market in Dealer’s designated PMR and a reasonable total sales revenue for all PRODUCTS which dealer is authorized to sell. It is agreed that a reasonable MARKET SHARE within the designated PMR shall be 90% of the average MARKET SHARE that New Holland PRODUCTS or EQUIPMENT achieve within Dealer’s Dealers state or REGIONAL SALES AREA. The Company, at its sole discretion, will determine whether Dealer’s Dealers state or REGIONAL SALES AREA will be used to measure Dealer’s Dealers performance. b. Dealer also agrees to develop, maintain and direct a sufficient number of trained, qualified sales personnel and shall conduct aggressive advertising and sales promotion activities. c. Dealer understands and agrees that its performance of its PRODUCT sales (and, where appropriate, leasing and rental) responsibility hereunder shall be measured by the Company through the use, exclusively, of such reasonable criteria as the Company may adopt, and without limitation, taking into consideration the Dealer’s MARKET SHARES within its PMR, total revenue, total sales, leases and rentals of PRODUCTS and its sales, leases and rentals of EQUIPMENT categorized by PRODUCT LINE, to customers in the PMR. The Dealer’s prior sales performance with of the Company PRODUCT LINE or EQUIPMENT may be considered in evaluating Dealer’s performance under this Agreement. The Company may from time to time conduct surveys (by use of questionnaires or otherwise) of owners, lessees and renters of EQUIPMENT purchased, leased or rented from Dealer to determine the satisfaction of those owners, lessees and renters with the sales, leasing and rental efforts of Dealer. The results of these surveys may be taken into consideration in assessing Dealer’s performance under this Agreement. d. In addition to the remedies for breach hereof as set forth in Paragraph 23(c), if Dealer fails to carry out its PRODUCT sales responsibility hereunder in the sale of a PRODUCT LINE or specific EQUIPMENT in a PRODUCT LINE, the Company may, at its sole discretion, and after thirty (30) days prior written notice, remove that PRODUCT LINE or EQUIPMENT from Schedule B. In such event, Dealer will no longer be authorized to sell that PRODUCT LINE or EQUIPMENT. e. Dealer shall not offer for sale or sell as a GENUINE PART, any assembly, subassembly, component, accessory (or any part thereof) that is not a GENUINE PART. f. The Company reserves the right to sell, rent or lease PRODUCT directly to end users within Dealer’s designated PMR or elsewhere without incurring any liability to Dealer. The term “end users” shall include, but not be limited to, governmental agendasagencies, institutions or entities, educational or charitable institutions, rental companies and accounts classified by the Company as national accounts. The Company shall have no liability to Dealer for any sales made pursuant to this Paragraph.

Sales Responsibility. a. The Dealer agrees to use its best efforts to promote vigorously and aggressively the sale at RETAIL of PRODUCTS in order to assure maximum sales of PRODUCTS and further agrees to obtain a reasonable total revenue and a reasonable share of the market in Dealer’s designated the Dealers PMR and a reasonable total sales revenue for all PRODUCTS which dealer the Dealer is authorized to sell. It is agreed that a reasonable MARKET SHARE market share within the designated PMR shall be 90% of the average MARKET SHARE market share that New Holland Construction PRODUCTS or EQUIPMENT achieve achieves within the Dealer’s state or REGIONAL DISTRICT SALES AREA. The CompanyNew Holland Construction, at its sole discretion, will determine whether Dealer’s the Dealers state or REGIONAL DISTRICT SALES AREA will be used to measure Dealer’s Dealers performance. b. The Dealer also agrees to develop, maintain maintain, and direct a sufficient number of trained, qualified sales personnel personnel, and shall conduct aggressive advertising and sales promotion activities. c. The Dealer understands and agrees that its performance of its PRODUCT PRODUCTS sales (and, where appropriate, leasing and rental) responsibility hereunder shall be measured by the Company New Holland Construction through the use, exclusively, of such reasonable criteria as the Company New Holland Construction may adopt, and without limitation, taking into consideration the Dealer’s MARKET SHARES market shares within its PMR, total revenue, total sales, leases and rentals of PRODUCTS and its sales, leases and rentals of EQUIPMENT categorized by PRODUCT LINE, to customers in the PMR. The Dealer’s Dealers performance under any prior sales performance agreement with the Company New Holland Construction or New Holland North America, Inc. may be considered in evaluating Dealer’s the Dealers performance under this this, and any succeeding Agreement. The Company New Holland Construction may from time to time conduct surveys (by use of questionnaires or otherwise) of owners, lessees and renters of EQUIPMENT purchased, leased or rented from the Dealer to determine the satisfaction of those owners, lessees and renters with the sales, leasing and rental efforts of the Dealer. The results of these surveys may be taken into consideration in assessing Dealer’s the Dealers performance under this Agreement. d. In addition to the remedies for breach hereof as set forth in Paragraph 23(cParagraphs 22 (c) and (d), if the Dealer fails to carry out its PRODUCT sales responsibility hereunder hereunder: (i) in the sale of a PRODUCT LINE or specific EQUIPMENT in a PRODUCT LINE, the Company New Holland Construction may, at its sole discretion, and after thirty (30) 90 days prior written notice, remove that PRODUCT LINE or EQUIPMENT from Schedule B. In such event, the Dealer will no longer be authorized to sell that PRODUCT LINE or EQUIPMENT. (ii) in a specific county or parish within its PMR, New Holland Construction may, at its sole discretion, and after 90 days prior written notice, remove that county or counties from the Dealers PMR and assign that market to another existing or new Dealer. e. The Dealer shall not offer for sale or sell as a GENUINE PART, any assembly, subassembly, component, accessory (or any part thereof) that is not a GENUINE PART. f. The Company New Holland Construction reserves the right to sell, sell rent or lease PRODUCT directly to end users within the Dealer’s designated PMR or elsewhere without incurring any liability to Dealer. The term “end users” shall include, including but not be limited toto governmental agencies, governmental agendas, institutions Institutions or entities, educational or charitable institutions, rental companies and accounts classified by the Company New Holland Construction as national accounts. The Company New Holland Construction shall have no liability to Dealer for any sales made pursuant to this ParagraphParagraph 4(f).

Sales Responsibility. a. Dealer agrees to promote vigorously and aggressively the sale at RETAIL of PRODUCTS in order to assure maximum sales of PRODUCTS and further agrees to obtain a reasonable share of the market in Dealer’s Dealers designated PMR and a reasonable total sales revenue for all PRODUCTS which dealer is authorized to sell. It is agreed that a reasonable MARKET SHARE within the designated PMR shall be 90% of the average MARKET SHARE that New Holland PRODUCTS or EQUIPMENT achieve within Dealer’s Dealers state or REGIONAL SALES AREA. The Company, at its sole discretion, will determine whether Dealer’s state or REGIONAL SALES AREA will be used to measure Dealer’s performance. b. Dealer also agrees to develop, maintain and direct a sufficient number of trained, qualified sales personnel and shall conduct aggressive advertising and sales promotion activities. c. Dealer understands and agrees that its performance of its PRODUCT sales (and, where appropriate, leasing and rental) responsibility hereunder shall be measured by the Company through the use, exclusively, of such reasonable criteria as the Company may adopt, and without limitation, taking into consideration the Dealer’s MARKET SHARES within its PMR, total revenue, total sales, leases and rentals of PRODUCTS and its sales, leases and rentals of EQUIPMENT categorized by PRODUCT LINE, to customers in the PMR. The Dealer’s prior sales performance with of the Company PRODUCT LINE or EQUIPMENT may be considered in evaluating Dealer’s Dealers performance under this Agreement. The Company may from time to time conduct surveys (by use of questionnaires or otherwise) of owners, lessees and renters of EQUIPMENT purchased, leased or rented from Dealer to determine the satisfaction of those owners, lessees and renters with the sales, leasing and rental efforts of Dealer. The results of these surveys may be taken into consideration in assessing Dealer’s Dealers performance under this Agreement. d. In addition to the remedies for breach hereof as set forth in Paragraph 23(c), if Dealer fails to carry out its PRODUCT sales responsibility hereunder in the sale of a PRODUCT LINE or specific EQUIPMENT in a PRODUCT LINE, the Company may, at its sole discretion, and after thirty (30) days prior written notice, remove that PRODUCT LINE or EQUIPMENT from Schedule B. In such event, Dealer will no longer be authorized to sell that PRODUCT LINE or EQUIPMENT. e. Dealer shall not offer for sale or sell as a GENUINE PART, any assembly, subassembly, component, accessory (or any part thereof) that is not a GENUINE PART. f. The Company reserves the right to sell, rent or lease PRODUCT directly to end users within Dealer’s designated PMR or elsewhere without incurring any liability to Dealer. The term “end users” shall include, but not be limited to, governmental agendasagencies, institutions or entities, educational or charitable institutions, rental companies and accounts classified by the Company as national accounts. The Company shall have no liability to Dealer for any sales made pursuant to this Paragraph.

Sales Responsibility. a. Dealer agrees to promote vigorously and aggressively the sale at RETAIL of PRODUCTS in order to assure maximum sales of PRODUCTS and further agrees to obtain a reasonable share of the market in Dealer’s designated PMR and a reasonable total sales revenue for all PRODUCTS which dealer is authorized to sell. It is agreed that a reasonable MARKET SHARE within the designated PMR shall be 90% of the average MARKET SHARE that New Holland PRODUCTS or EQUIPMENT achieve within DealerDeale’s state or REGIONAL SALES AREA. The Company, at its sole discretion, will determine whether Dealer’s state or REGIONAL SALES AREA will be used to measure Dealer’s Dealers performance. b. Dealer also agrees to develop, maintain and direct a sufficient number of trained, qualified sales personnel and shall conduct aggressive advertising and sales promotion activities. c. Dealer understands and agrees that its performance of its PRODUCT sales (and, where appropriate, leasing and rental) responsibility hereunder shall be measured by the Company through the use, exclusively, of such reasonable criteria as the Company may adopt, and without limitation, taking into consideration the Dealer’s MARKET SHARES within its PMR, total revenue, total sales, leases and rentals of PRODUCTS and its sales, leases and rentals of EQUIPMENT categorized by PRODUCT LINE, to customers in the PMR. The Dealer’s Dealers prior sales performance with of the Company PRODUCT LINE or EQUIPMENT may be considered in evaluating Dealer’s performance under this Agreement. The Company may from time to time conduct surveys (by use of questionnaires or otherwise) of owners, lessees and renters of EQUIPMENT purchased, leased or rented from Dealer to determine the satisfaction of those owners, lessees and renters with the sales, leasing and rental efforts of Dealer. The results of these surveys may be taken into consideration in assessing Dealer’s performance under this Agreement. d. In addition to the remedies for breach hereof as set forth in Paragraph 23(c), if Dealer fails to carry out its PRODUCT sales responsibility hereunder in the sale of a PRODUCT LINE or specific EQUIPMENT in a PRODUCT LINE, the Company may, at its sole discretion, and after thirty (30) days prior written notice, remove that PRODUCT LINE or EQUIPMENT from Schedule B. In such event, Dealer will no longer be authorized to sell that PRODUCT LINE or EQUIPMENT. e. Dealer shall not offer for sale or sell as a GENUINE PART, any assembly, subassembly, component, accessory (or any part thereof) that is not a GENUINE PART. f. The Company reserves the right to sell, rent or lease PRODUCT directly to end users within Dealer’s Dealers designated PMR or elsewhere without incurring any liability to Dealer. The term “end ‘send users” ’ shall include, but not be limited to, governmental agendasagencies, institutions or entities, educational or charitable institutions, rental companies and accounts classified by the Company as national accounts. The Company shall have no liability to Dealer for any sales made pursuant to this Paragraph.