Approved Distributors Clause Samples
Approved Distributors a. Distributors are available for this Participating Addendum if and to the extent approved by the State Chief Procurement Officer (each an “Distributor”). Any approved Distributor shall be issued a contract under the terms of this Participating Addendum.
b. All State policies, guidelines and requirements shall apply to Distributors.
c. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions set forth by this Participating Addendum. Contractor acknowledges that each and all of the promises it makes as “Contractor” in the Master Agreement and in this Participating Addendum will apply to all Products and Services provided hereunder, regardless of who is providing or licensing the Product or performing the work.
i. Contractor promises that Purchasing Entities will not be required to affirmatively accept additional terms and conditions to use or access any Product or Service purchased under this Participating Addendum, whether by electronic means (e.g., click-through) or otherwise.
ii. Contractor promises that each of the third parties whose Products and/or Services are available for purchase under this Participating Addendum understand and agree that the terms and conditions applicable to their Products and/or Services are as set forth in the Master Agreement, as amended, and are subordinate to the terms of this Participating Addendum and the NASPO ValuePoint Master Agreement Terms & Conditions and associated service model Exhibits.
Approved Distributors a. Distributors are available for this Agreement if and to the extent approved by the State Chief Procurement Officer. A Distributor shall not solicit or otherwise fulfill any Purchase Order unless the Distributor (i) is an entity approved by Contractor, in accordance with Contractor's established qualifying criteria, to provide sales and service support to participants in the NASPO ValuePoint Master Price Agreement on Contractor's behalf and
Approved Distributors. The Borrowers shall fund the value on all SVCs sold to Approved Distributors from funds in the Depository Account to the extent amounts remain available therein.
Approved Distributors. As mutually agreed to by the parties, agreement not to be unreasonably withheld by Fig. Promotional Units: Developer will provide Fig with 100 free units of Amico System. Developer Contact Information: Intellivision Holdings, LLC ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Attention: Legal Matters Developer Bank Information Bank Name: Silicon Valley Bank Routing Number: ▇▇▇▇▇▇▇▇▇ Accounting Number: ▇▇▇▇▇▇▇▇▇▇ Effective Date: May 18, 2020 The immediately following Terms and Conditions (attached hereto as Annex A) set forth below and incorporated herein by reference, form the entire agreement of the Parties with respect to the publishing and licensing of the Licensed System, and the term “Agreement” expressly refers to and includes such Terms and Conditions. Developer agrees to complete the Questionnaire (attached hereto as Annex B), promptly upon execution of this Agreement. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: CEO Title: President Email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Email: ▇▇▇▇▇▇@▇▇▇.▇▇
Approved Distributors. Contracts will exclusively be awarded to manufacturers. Offerors should include on the provided form (Attachment E) the requested information for all authorized distributors.
Approved Distributors. PGIC agrees that to the extent it uses distributors to sell, distribute, install, operate or maintain products under this Agreement, such distributors will be approved by IGT and listed in Exhibit E, which may be modified from time to time by written agreement of the Parties (the “Approved Distributors”).
Approved Distributors. Licensee shall have the right to subcontract the distribution of Products to Approved Distributors (but only within the Territory and subject to the terms of this Agreement) so long as (a) Licensee has given prior written notice of such proposed subcontract arrangements to LS&Co., including the name, address and such other information concerning the proposed Approved Distributors as may be requested by LS&Co. (which shall include, without limitation, information regarding any affiliation or other relationship between the proposed Approved Distributor and Licensee) and (b) LS&Co. has given Licensee its prior written approval of each proposed Approved Distributor. The Approved Distributors as of the Effective Date are identified in a Schedule.
(a) Licensee acknowledges that approval of each proposed Approved Distributor shall not impose upon LS&Co. any liability for error, omissions, negligence, fraud or other acts of Approved Distributor. Licensee shall ensure that the terms of such agreement do not conflict with the terms of this Agreement, and where necessary or expedient, shall impose upon Approved Distributor any obligations which Licensee is required to abide by, and which may require assistance or cooperation of Approved Distributor(s) to fulfill, including but not limited to compliance with LS&Co.’s GSOG. Licensee shall provide LS&Co. with a copy of each executed agreement with any Approved Distributor.
(b) Licensee’s Responsibility for Approved Distributors. Licensee shall be fully responsible for all work and activities of any Approved Distributor, including but not limited to ensuring the Approved Distributor acts in accordance with this Agreement, and in particular, Licensee shall not be entitled to limit or deny responsibility for any breach of this Agreement on the basis that the breach was or may have been caused directly or otherwise by the work or activities of the Approved Distributor.
(c) Licensee shall pay royalties on the Net Sales to Approved Distributors at a royalty rate to be agreed upon by the parties.
Approved Distributors. Contractor shall include Approved Distributors as insureds under all required insurance policies. Alternatively, prior to utilizing any Approved Distributors, Contractor shall cause any such Approved Distributors to provide insurance that complies with all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for Approved Distributors to Enterprise Services. Each Approved Distributor must comply fully with all insurance requirements stated herein. Failure of any Approved Distributors to comply with insurance requirements does not limit Contractor’s liability or responsibility.