FERRAMENTAS ESPECIAIS. A menos que disposto em contrário, todas as ferramentas especiais, moldes, formas, gabaritos, (a) For the purposes of this Agreement, Exclusive Products are those developed by the Buyer or for its benefit, for which the Buyer supplied drawings, specifications, matrixes and/or instructions to the Supplier. (b) Moreover, products manufactured by the Supplier using tooling lent for use by the Buyer for the manufacture of items subject to the supply shall also be classified as Exclusive Products, meaning that the Supplier shall not use tooling lent for use by the Buyer to manufacture items to be marketed to third parties. (c) Finally, products manufactured by the Supplier with the technical assistance of the Buyer for the development of molds and production processes, specially tooling, shall also be considered Exclusive Products, that is, for those cases in which a part is conceived by the Buyer’s personnel exclusively or by the joint efforts of the Buyer’s and Supplier’s personnel. (d) Without prejudice to any other right or remedy available to the Buyer, including the termination of the Agreement, should the Supplier market Exclusive Products to third parties without prior and express authorization from the Buyer, the Supplier is aware and agrees that it will be subject to a non-compensatory fine equivalent to 30% (thirty percent) of the average value of the Supplier’s revenue before the Buyer for the last 6 (six) months. If the Supplier provides Exclusive Products and it has an imported origin, and the importation of it will be realized specifically for sale to John Deere, the operation must be previously reported and authorized by John Deere, in order to ensure that an indirect import is not misrepresented. Onde the indirect operation has been characterized, the supplier must compress with applicable requirements and obligations, set forth in Brazilian Federal Revenue Service Instruction No. 1861, dated December, 27th, 2018.
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Samples: Condições Gerais De Fornecimento, Condições Gerais De Fornecimento, Condições Gerais De Fornecimento