Suppliers/Contracted Products. The Proprietary Products to be distributed to the Operators under the terms and conditions of this Agreement shall be purchased by DISTRIBUTOR, on its own account, from the suppliers (including COMPANY) selected by COMPANY, pursuant to terms and conditions as are agreed upon by and between DISTRIBUTOR and such suppliers (including COMPANY). In the event COMPANY enters into direct contracts with suppliers, the terms and conditions of such contracts that obligate DISTRIBUTOR shall be provided to DISTRIBUTOR for its business and legal review and, if the business and legal terms of the proposed contract that apply to DISTRIBUTOR are reasonably acceptable to DISTRIBUTOR, DISTRIBUTOR will approve the supplier contract. The guaranteed supplier price provided under such supplier contract (net of billbacks by DISTRIBUTOR, if any), plus applicable freight if the supplier price is not a delivered price, plus [CONFIDENTIAL](5), if any, attributable to the Product shall be the “Cost” of the Product. [CONFIDENTIAL](6). Products governed by such supplier contracts negotiated by COMPANY are referred to herein as “Contracted Products.” The freight charges for Contracted Products will be an amount negotiated with the supplier by
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Suppliers/Contracted Products. The Proprietary Products to be distributed to the Operators under the terms and conditions of this Agreement shall be purchased by DISTRIBUTOR, on its own account, from the suppliers (including COMPANY) selected by COMPANY, pursuant to terms and conditions as are agreed upon by and between DISTRIBUTOR and such suppliers (including COMPANY). In the event COMPANY enters into direct contracts with suppliers, the terms and conditions of such contracts that obligate DISTRIBUTOR shall be provided to DISTRIBUTOR for its business and legal review and, if the business and legal terms of the proposed contract that apply to DISTRIBUTOR are reasonably acceptable to DISTRIBUTOR, DISTRIBUTOR will approve the supplier contract. The guaranteed supplier price provided under such supplier contract (net of billbacks by DISTRIBUTOR, if any), plus applicable freight if the supplier price is not a delivered price, plus [CONFIDENTIAL](5), if any, attributable to the Product shall be the “Cost” of the Product. [CONFIDENTIAL](6). Products governed by such supplier contracts negotiated by COMPANY are referred to herein as “Contracted Products.” The freight charges for Contracted Products will be an amount negotiated with the supplier byby COMPANY. DISTRIBUTOR agrees that Cost for any Contracted Products will not include any unloading costs for palletized and slipsheet loads.
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Suppliers/Contracted Products. The Proprietary Products to be distributed to the Operators under the terms and conditions of this Agreement shall be purchased by DISTRIBUTOR, on its own account, from the suppliers (including COMPANY) selected by COMPANY, pursuant to terms and conditions as are agreed upon by and between DISTRIBUTOR and such suppliers (including COMPANY). In the event COMPANY enters into direct contracts with suppliers, the terms and conditions of such contracts that obligate DISTRIBUTOR shall be provided to DISTRIBUTOR for its business and legal review and, if the business and legal terms of the proposed contract that apply to DISTRIBUTOR are reasonably acceptable to DISTRIBUTOR, DISTRIBUTOR will approve the supplier contract. The guaranteed supplier price provided under such supplier contract (net of billbacks by DISTRIBUTOR, if any), plus applicable freight if the supplier price is not a delivered price, plus [CONFIDENTIAL](5), if any, attributable to the Product shall be the “Cost” of the Product. [CONFIDENTIAL](6). ) Products governed by such supplier contracts negotiated by COMPANY are referred to herein as “Contracted Products.” The freight charges for Contracted Products will be an amount negotiated with the supplier byby COMPANY. DISTRIBUTOR agrees that Cost for any Contracted Products will not include any unloading costs for palletized and slipsheet loads.
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Suppliers/Contracted Products. The Proprietary Products to be distributed to the Operators under the terms and conditions of this Agreement shall be purchased by DISTRIBUTOR, on its own account, from the suppliers (including COMPANY) selected by COMPANY, pursuant to terms and conditions as are agreed upon by and between DISTRIBUTOR and such suppliers (including COMPANY). In the event COMPANY enters into direct contracts with suppliers, the terms and conditions of such contracts that obligate DISTRIBUTOR shall be provided to DISTRIBUTOR for its business and legal review and, if the business and legal terms of the proposed contract that apply to DISTRIBUTOR are reasonably acceptable to DISTRIBUTOR, DISTRIBUTOR will approve the supplier contract. The guaranteed supplier price provided under such supplier contract (net of billbacks by DISTRIBUTOR, if any), plus applicable freight if the supplier price is not a delivered price, plus [CONFIDENTIAL](5), ) if any, attributable to the Product Product, [CONFIDENTIAL](6), plus any applicable Sourcing Fees (defined below) shall be the “Cost” of the Product. [CONFIDENTIAL](6). Products governed by such supplier contracts negotiated by COMPANY are referred to herein as “Contracted Products.” The freight charges for Contracted Products will be an amount negotiated with the supplier byby COMPANY. DISTRIBUTOR agrees that Cost for any Contracted Products will not include any unloading costs for palletized and slipsheet loads.
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Suppliers/Contracted Products. The Proprietary Products to be distributed to the Operators under the terms and conditions of this Agreement shall be purchased by DISTRIBUTOR, on its own account, from the suppliers (including COMPANY) selected by COMPANY, pursuant to terms and conditions as are agreed upon by and between DISTRIBUTOR and such suppliers (including COMPANY). In the event COMPANY enters into direct contracts with suppliers, the terms and conditions of such contracts that obligate DISTRIBUTOR shall be provided to DISTRIBUTOR for its business and legal review and, if the business and legal terms of the proposed contract that apply to DISTRIBUTOR are reasonably acceptable to DISTRIBUTOR, DISTRIBUTOR will approve the supplier contract. The guaranteed supplier price provided under such supplier contract (net of billbacks by DISTRIBUTOR, if any), plus applicable freight if the supplier price is not a delivered price, plus [CONFIDENTIAL](5)) and billed by COMPANY or its supplier, if any, attributable to the Product shall be the “Cost” of the Product. [CONFIDENTIAL](6)COMPANY agrees that no Royalty and Advertising Charges will be included in the Cost of any of the Products. Products governed by such supplier contracts negotiated by COMPANY are referred to herein as “Contracted Products.” The freight charges for Contracted Products will be an amount negotiated with the supplier byby COMPANY. DISTRIBUTOR agrees that Cost for any Contracted Products will not include any unloading costs for palletized and slipsheet loads.
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Suppliers/Contracted Products. The Proprietary Products to be distributed to the Operators under the terms and conditions of this Agreement shall be purchased by DISTRIBUTOR, on its own account, from the suppliers (including COMPANY) selected by COMPANY, pursuant to terms and conditions as are agreed upon by and between DISTRIBUTOR and such suppliers (including COMPANY). In the event COMPANY enters into direct contracts with suppliers, the terms and conditions of such contracts that obligate DISTRIBUTOR shall be provided to DISTRIBUTOR for its business and legal review and, if the business and legal terms of the proposed contract that apply to DISTRIBUTOR are reasonably acceptable to DISTRIBUTOR, DISTRIBUTOR will approve the supplier contract. The guaranteed supplier price provided under such supplier contract (net of billbacks by DISTRIBUTOR, if any), plus applicable freight if the supplier price is not a delivered price, plus [CONFIDENTIAL](4) if any, attributable to the Product, plus [CONFIDENTIAL](5), if any, attributable to the Product Product, plus any applicable Sourcing Fees (defined below) shall be the “Cost” of the Product. [CONFIDENTIAL](6). Products governed by such supplier contracts negotiated by COMPANY are referred to herein as “Contracted Products.” The freight charges for Contracted Products will be an amount negotiated with the supplier bysuch
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)