USE OF MIX AND PRODUCTION EQUIPMENT SYSTEM Sample Clauses

USE OF MIX AND PRODUCTION EQUIPMENT SYSTEM. Associate recognizes the importance of the Krispy Kreme name and agrees to use his best efforts to maintain the high standards of the System. In connection with the license of the System, Associate recognizes that the Mix is an essential ingredient of the Krispy Kreme Doughnut and a key element and important factor in the uniqueness and uniformity of the System. Associate also recognizes that the Mix (1) is distinctive, (2) is made from a secret formula, (3) has been developed after many years of experimentation, (4) is considered a trade secret by Krispy Kreme and (5) is the result of careful blending of the ingredients under strict quality control to produce its unique texture and taste. Associate also recognizes that Krispy Kreme will make a profit on the sale of Mix to Associate and that the price of the Mix may be changed upon written notification of Krispy Kreme. Associate shall purchase from Krispy Kreme and from no other source and Krispy Kreme shall sell to Associate, such quantities of Krispy Kreme's Mix as shall be needed to produce and sell Krispy Kreme Doughnuts under this Agreement. Associate shall order and pay for all shipments of Mix on terms and prices currently in effect at the time of the sale. Each shipment by Krispy Kreme to Associate shall constitute a separate sale. Associate recognizes that the use of Krispy Kreme's Production Equipment System is essential to the uniqueness and uniformity of the System and is a key element in the production of Krispy Kreme Doughnuts; that the Production Equipment System (1) is the product of years of research and development by Krispy Kreme, (2) is being continually improved and (3) is considered a trade secret by Krispy Kreme; and that Krispy Kreme will make a profit or return from the sale or lease of the Production Equipment System to Associate. Associate shall purchase or lease, as shall be determined by Krispy Kreme, from Krispy Kreme and from no other source, and Krispy Kreme shall sell or lease to Associate, such numbers and components of its Production Equipment System of such size and capacity as in the opinion of Krispy Kreme shall be needed by Associate to produce and sell Krispy Kreme Doughnuts under this Agreement. If the Production Equipment System is sold to Associate, Associate shall order and pay for it on terms, conditions (which conditions include Krispy Kreme's right or option to repurchase on the termination of this Agreement) and prices as specified by Krispy Kreme. If the Pro...
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Related to USE OF MIX AND PRODUCTION EQUIPMENT SYSTEM

  • Use of School Equipment The Association shall have the right to use school facilities and equipment for official Association business, including typewriters, duplicating equipment, computers and all types of audiovisual equipment at reasonable times and when such equipment is not otherwise in use, and shall provide advance notice of such use to the Superintendent of Schools. The Association shall pay for the cost of all materials and supplies.

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  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

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  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except:

  • Operator Materials Operator retains all right, title and interest in and to any and all of Operator’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (“Operator Materials”). Operator grants to the LEA a personal, nonexclusive license to use the Operator Materials for its own non-commercial, incidental use as set forth in the Service Agreement. Operator represents that it has all intellectual property rights necessary to enter into and perform its obligations in this DPA and the Service Agreement, warrants to the District that the District will have use of any intellectual property contemplated by the Service Agreement free and clear of claims of any nature by any third Party including, without limitation, copyright or patent infringement claims, and agrees to indemnify the District for any related claims.

  • Use of Equipment mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

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