Examples of O2Diesel Additive in a sentence
In the event Distributor fails to order and take delivery of the minimum required quantity of O2Diesel Additive during any year of the Term, O2Diesel may invoice Distributor for 75% of the then-applicable price of the quantity by which Distributor fell short of the required minimum.
O2Diesel may, at its expense, during regular business hours and with reasonable prior notice, examine, review, and inspect all facilities in which O2Diesel Additive or O2Diesel Product is stored, blended or distributed by or on behalf of Distributor, and review, audit and analyze Distributor’s records relating to this Agreement and representative samples of O2Diesel Additive and O2Diesel Product in Distributor’s custody or control.
After the first commercial sale of O2Diesel Product, on a quarterly basis within five (5) days of the beginning of each quarter, Distributor shall provide non-binding forecasts of its expected requirements of O2Diesel Additive for the following twelve (12) months.
Subject to all of Distributor’s obligations under this Agreement, O2Diesel hereby acknowledges that Distributor may practice O2Diesel’s patents and trade secrets in the Territory during the Term to the extent necessary to blend O2Diesel Product using O2Diesel Additive purchased from O2Diesel under Article 4.
Distributor acknowledges that O2Diesel may distribute or authorize distribution of O2Diesel Additive or O2Diesel Product in places that are outside, but near the boundaries of, the Territory, and that it would he difficult or impossible to control use of such O2Diesel Product by truck fleets and other customers operating near the boundaries of the Territory.
The Parties contemplate that the O2Diesel Additive initially supplied hereunder will be the O2Diesel Additive known au “O2D05.” In the event O2Diesel develops and makes commercially available an enhanced O2Diesel Additive (a “New Additive”), O2Diesel shall promptly notify and consult with Distributor.
O2Diesel acknowledges that, excluding O2Diesel Additive, neither Party is responsible for ensuring that the end user / blender has sufficient equipment and supplies for its performance under this Agreement, including supplies of base diesel fuel, ethanol and cetane improver for the production of O2Diesel Product.
At times and dates agreed upon by the Parties, O2Diesel shall conduct training for employees of Distributor in the use and handling of O2Diesel Additive and O2Diesel Product.
For as long as Distributor has performed and continues to perform its obligations under this Agreement, O2Diesel shall not enter into any agreement authorizing a Third Party to distribute O2Diesel Product in the Territory, or sell to any Third Party O2Diesel Additive in the Territory, except as otherwise specifically provided in this Agreement.
If Distributor wishes to acquire a New Additive in lieu of O2D05 or such other O2Diesel Additive as Distributor then may be acquiring hereunder, the Parties promptly shall seek to agree concerning any necessary adjustment in the price or other terms and conditions for the provision of the New Additive, and if they do so, the New Additive shall be the O2Diesel Additive provided hereunder.