Supply Relationship. (a) Supplier offers to sell and ship CANNED COFFEE in packaged, saleable condition to Albertson's as Albertson's may choose to order for the Products specified by Albertson's and agreed to by Supplier for Albertson's private label brands as designated by Albertson's ("Products"), on the terms and conditions set forth below. Supplier shall not divert, sell or salvage the Products to any other third party.
(b) This Agreement is not intended to bind Albertson's to purchase any specific quantity of Product or to bind Supplier to make available any specific quantity of Products. This Agreement is intended to define the terms on which any Product is purchased and accepted.
(c) Supplier warrants that the terms and conditions of sale herein offered to Albertson's by Supplier are being offered on proportionally equal terms to other customers of Supplier in competition with Albertson's for Products of like type and quantity and that during all shortages, pro-rates, and/or other sales restrictions Albertson's shall receive prompt notice and its equal and fair share of product offered for sale by Supplier to others.
Supply Relationship. (a) For the first three years of the Term of the Agreement, commencing on the Effective Date, Company agrees that it shall not, FOR RESALE PURPOSES, either
(i) purchase stand-alone echo cancellation and sound quality enhancement equipment from any third parties other than Supplier, or
(ii) license software from any third parties other than Supplier to provide integrated echo cancellation and sound quality enhancement solutions running on 5ESS switches in wireless network offerings.
(b) Such purchases shall be made subject to the following provisions:
(i) Company has an actual need to order such Equipment or Software;
(ii) The vendor preferences of Company's end-customers do not preclude the use of Supplier's Equipment or Software; PROVIDED that such vendor preferences are not the result of Company's direction, and that Company does not list in its sales catalogs competitive echo cancellation and sound quality enhancement equipment or software for use with 5ESS switches in wireless network offerings; and
(iii) Supplier's price, quality, and delivery performance for such Equipment and Software meet the performance criteria set forth in Article 17, Performance Metrics and Attachment B entitled "PERFORMANCE METRICS".
3.2 Company does not commit to purchase any specific unit volume or any specific total value of Equipment or Software.
3.3 On a case by case basis, in order to meet the requirements of specific end-customers, Company may purchase stand-alone echo cancellation and sound quality enhancement equipment or license echo cancellation and sound quality enhancement software from a third party other than Supplier.
3.4 If Supplier refuses to accept an Order from Company which conforms to this Agreement, for any reason, then Company may obtain echo cancellation and sound quality enhancement equipment and/or software from third party sources to meet its requirements.
3.5 Company retains the ability to purchase stand-alone echo cancellation and sound quality enhancement equipment or to license echo cancellation and sound quality enhancement software from a third party other than Supplier for use in a laboratory environment for evaluation, qualification, etc.
Supply Relationship. (a) Subject to the terms and conditions of this Agreement, XXX agrees to purchase from AMS, and AMS agrees to supply to XXX, the Product in a quantity no less than the quantity listed in the following table: Year Annual Quantity (pcs) 2010 2011 2012 Beginning 2013 until termination of this Agreement, XXX shall give AMS the "right of first refusal" on a minimum of 30% of XXX's total annual Product wafer demand. ____________________ * The Registrant has sought confidential treatment of certain terms of this Agreement.
Supply Relationship. TPI shall sell waist band components to LS&CO. on an exclusive basis in the Territory for certain product categories and provide to LS&CO. and its contract manufacturers equipment and training for manufacturing *** using the ***Technology on the terms and conditions described in this Agreement.
Supply Relationship. Tasty Baking has purchased a variety of finished baked goods from Parent for resale under the Tastykake brand. Tasty Baking and Parent do not have a written supply agreement and purchase orders are placed by Tasty Baking when, and if, a product is needed. In fiscal 2010, Tasty Baking paid Parent approximately $1.3 million for such baked goods. In connection with this supply relationship, Tasty Baking and Parent entered into a Confidentiality Agreement under which Xxxxxx has agreed, subject to certain exceptions, to keep non-public information concerning Tasty Baking confidential. 31
Supply Relationship. HEI agrees to serve as a manufacturer for IOM. HEI will make its best efforts to provide early access to information, technology, and products. HEI agrees to provide IOM with its most favored pricing policy for all of its products. IOM further agrees to use its best efforts to provide marketing, sales, technical support, and service to its channel.
Supply Relationship. Subject to Section 4, during the term of this Agreement AFC shall purchase its requirements of, and IP shall supply AFC with its requirements of, Tiles in such quantities (subject to the minimum purchase requirements in the succeeding sentence) as AFC may from time-to-time reasonably request, provided that the manufacture and sale of the Tiles is commercially viable and as long as IP has the capability to manufacture the Tiles. Subject to Section 4, AFC shall purchase from IP at least 1000 units of Tiles during each year of the term of this Agreement. Unless otherwise mutually agreed to by the parties, the minimum Tile order for each order shall not be less than 200 units.
Supply Relationship. (a) Seller offers to sell and ship to Distributor certain products for resale as set forth on Exhibit A, attached hereto and incorporated herein by reference. The product shall be sold and marketed in connection with Distributor's products, as set forth on Exhibit B and incorporated herein by reference (the product on Exhibit A and Exhibit B collectively referred to herein as "Product"). Distributor hereby agrees that the Products shall be labeled as mutually agreed upon by Seller and Distributor and Seller shall be responsible for labeling such Products. Exhibits A and B may be modified, in writing, by the parties from time to time.
(b) Distributor hereby agrees to market and distribute such Products for sale only to National Mass Merchandisers ("Customers"). Distributor hereby agrees that Seller is the exclusive manufacturer of the Product.
(c) Distributor hereby agrees that all orders will be placed pursuant to a written purchase order delivered by Distributor to Seller by fax, e-mail or US mail. All orders must be in truck load quantities and all orders must have a minimum order volume of 835 cases. Seller hereby agrees to use commercially reasonable efforts to satisfy the volume placed in such purchase orders; provided, however, a failure on the part of Seller to be able to supply all Product ordered does not constitute a breach hereunder.
(d) Distributor hereby represents and warrants that it has all permits and licenses necessary to distribute the Product. Distributor further represents and warrants that it will comply with all federal, state and local laws and rules in its performance under this Agreement. Distributor represents and warrants that the Products listed on Exhibit B comply with all federal, state and local laws and regulations and do not create any trademark, trade dress, copyright, or patent infringement. Seller represents and warrants that the Products listed on Exhibit A comply with all federal, state and local laws and regulations and do not create any trademark, trade dress, copyright, or patent infringement.
Supply Relationship. (a) Subject to the terms and conditions of this Agreement, MEMSIC agrees to purchase from AMS, and AMS agrees to supply to MEMSIC, the Product in a quantity no less than the quantity listed in the following table: Beginning 2013 until termination of this Agreement, MEMSIC shall give AMS the "right of first refusal" on a minimum of 30% of MEMSIC's total annual Product wafer demand. * Omitted – confidential treatment has been sought from the SEC.
Supply Relationship. All purchases by GE Healthcare from LMI of the TechneLite®, Gallium Citrate Ga-67 Injection and Xe-133 gas products listed on Exhibit A (the “Products”) during the Term will be governed by this Agreement. Subject to the terms and conditions of this Agreement, LMI hereby grants to GE Healthcare the non-exclusive right to market, distribute and sell TechneLite® Products in *** solely by way of ***. In addition, subject to the terms and conditions of this Agreement, LMI agrees to supply Products to GE Healthcare Radiopharmacies in the Territory solely for their unit dose preparation in the Territory.
