Examples of O2Diesel Additive in a sentence
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.
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.
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.
If O2Diesel so honors such orders, Distributor shall take and pay for the O2Diesel Additive in accordance with the provisions of this Agreement.
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.
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.
O2Diesel warrants that the O2Diesel Additive delivered to Distributor hereunder complies with O2Diesel’s specifications for such product, provided that Distributor notifies O2Diesel of any defects therein within thirty (30) days after taking delivery thereof.
Distributor and its Affiliates shall not (a) export any O2Dicsel Additive or O2Diesel Product from the Territory or (b) sell O2Diesel Additive or O2Diesel Product to any Third Party with the knowledge that such Third Party is likely to resell O2Diesel Additive unblended, resell O2Diesel Product, or export O2Diesel Additive or O2Diesel Product from the Territory.
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.
Promptly after the Effective Date, O2Diesel shall provide to Distributor a manual describing procedures for the use and handling of O2Diesel Additive and O2Diesel Product, including a material safety data sheet, procedures for blending O2Diesel Product, fuel tank preparation procedures for the storage of O2Diesel Product and sample warning decals (the “Manual”).