Supply of Merchandise. 1.1 The VENDOR hereby agrees to fully comply with all “Product and Provision Requirements” specified in Exhibits “A” and “A-1”, and the Bid Documents. In the event of a conflict between this Contract (including Exhibits “A” and “B”) and the Bid Documents, this Contract shall control.
Supply of Merchandise. No supplier of merchandise to the Company or any Subsidiary has ceased shipments of merchandise to the Company or any Subsidiary, other than in the normal and ordinary course of business consistent with past practices, which cessation would not result in a Material Adverse Effect.
Supply of Merchandise. Supplier will provide the Merchandise to each Covered Store. Xxxxx Mart shall acquire no ownership rights in and to the Merchandise supplied by the Supplier hereunder. Title to Merchandise supplied by the Supplier shall remain in and with Supplier until actually sold.
Supply of Merchandise. Supplier will supply Merchandise for each Covered Store on the Covered Store Schedule. Filene’s shall acquire no ownership rights in and to the Merchandise supplied by the Supplier hereunder and title to Merchandise shall remain in and with Supplier until actually sold, except that title to Merchandise sold to Filene’s customers shall pass to Filene’s at the instant the sale of such Merchandise is effected. In the event that Merchandise is returned by the customer to a Store, title shall automatically re-vest in Supplier.
Supply of Merchandise. Upon the terms and conditions described in this Agreement, Kmart will: (a) obtain from Cardinal Health pursuant to the consignment provisions contained herein and in the Purchase and Consignment Agreement (as defined below), all prescription pharmaceutical products ("Rx Products"), including all Rx Products purchased from the manufacturer in bulk or larger quantity containers and repackaged for the Stores into smaller quantity containers (the "Repackaged Drug Products") for sale to customers of the Stores; and (b) at Kmart's option, purchase from Cardinal Health certain non-prescription products ("Non Rx Products") routinely stocked by Cardinal Health and ordered from time-to-time by the Stores, including vials, syringes, insulin, and other over-the-counter merchandise and supplies. Cardinal Health will exercise all reasonable efforts to provide each Kmart Store with the following average monthly Service Level per Store, calculated in accordance with the standards and procedures described in the Section 1 Disclosure Schedule: (a) (i) 96% or better for all Rx Products prior to implementation of an automated replenishment inventory system and (ii) 98% or better for all Rx Products after implementation of an automated replenishment inventory system, and (b) 99% or better for the 200 Rx Product SKU's set forth in the Section 1 Disclosure Schedule, both before and after implementation of an automated replenishment inventory system. The Service Level guaranty will become effective for any new Store 60 days after the opening of such new Store. If the average Cardinal Health Service Level for any Store should fall below the levels set forth above for any 30 calendar day period (despite the reasonable efforts of Cardinal Health), then Kmart will be entitled to payment from Cardinal Health of an amount equal to 0.1% multiplied by the total Rx Products dispensed and paid for by that Kmart Store during the 30 calendar days in which the Service Level was below the specified level. Payment will be made within 10 business days after the end of the effected 30 day period and will constitute Kmart's sole remedy for such failure to meet the Service Level guaranty for that Store. Cardinal Health will provide Kmart with a Service Level report at the end of each month by distribution center (each report to provide a statement of service on a Store-by-Store basis) and upon reasonable demand of Kmart up to 12 company-wide Service Level reports per contract year.
