Common use of Bilateral Arrangements Clause in Contracts

Bilateral Arrangements. 9.5.1 Except where Paragraphs 9.2 or 9.4 apply, or except where the elements listed in 9.5.1.1 to 9.5.1.3 below are available for both the OEM and Supporting Signatory Cartridges, OEM Signatories commit to offer to Supporting Signatories for the production activities that fall within part (a) of the definition of Supporting Signatory in Annex A bilateral arrangements on commercially reasonable terms with a defined scope that provide the following elements for printing with Remanufactured Cartridges or Refilled Cartridges produced by the Supporting Signatory from collected OEM Cartridges that function using only Original Electronic Circuitry in OEM Signatory Products: 9.5.1.1 a functioning ink or toner level gauge and/or approximate page count remaining if provided with the OEM Cartridge; 9.5.1.2 single installation message without the use of inflammatory terminology; and 9.5.1.3 that the functionality referred to in 9.5.1.1 and 9.5.1.2 supported by the OEM Signatory under Paragraph 9.5.1 bilateral arrangements is not impacted by OEM Signatory software or firmware updates. 9.5.2 Each OEM Signatory has discretion to determine the mechanisms or solutions through which the elements set out in 9.5.1.1 to 9.5.1.3 are provided. 9.5.3 The Signatories acknowledge that some OEM Signatories (currently Lexmark, Brother and Xerox) have invested in developing Circular Processes including remanufacturing operations for their OEM Cartridges or OEM Containers, which will not limit, but would be recognized in bilateral discussions. 9.5.4 Nothing in this Paragraph 9.5 is intended to prevent or restrict any OEM Signatory or Supporting Signatory from: 9.5.4.1 agreeing to any other commercially reasonable terms in any bilateral arrangement beyond those set out in Paragraph 9.2.1.2, 9.4 or Paragraph 9.5.1 either by adding to the bilateral arrangements referred to in Paragraph 9.5.1 or through separate bilateral arrangements; or 9.5.4.2 entering into any bilateral arrangements with any legal entity that is not a Signatory. 9.5.5 OEM Signatories and Supporting Signatories commit to negotiate bilateral arrangements under Paragraph 9.5 in good faith. 9.5.6 Nothing in this Voluntary Agreement obliges any OEM Signatory or Supporting Signatory to divulge to any Signatory any competitively sensitive provision of any bilateral arrangement to which it is a party.

Bilateral Arrangements. 9.5.1 Except where Paragraphs 9.2 or 9.4 apply, or except where the elements listed in 9.5.1.1 to 9.5.1.3 below are available for both the OEM and Supporting Signatory Cartridges, OEM Signatories commit to must offer to Supporting Signatories for the production activities that fall within part (a) of the definition of Supporting Signatory in Annex A bilateral arrangements on commercially reasonable terms with a defined scope that provide the following elements for printing with Remanufactured Cartridges or Refilled Cartridges produced by the Supporting Signatory from collected OEM Cartridges Signatories that function using only Original Electronic Circuitry in OEM Signatory Products: 9.5.1.1 a functioning ink or toner level gauge and/or approximate page count remaining if provided with the OEM Cartridge; 9.5.1.2 single installation message without the use of inflammatory terminology; and 9.5.1.3 that the functionality referred to in 9.5.1.1 and 9.5.1.2 supported by the OEM Signatory under Paragraph 9.5.1 bilateral arrangements is not impacted by OEM Signatory software or firmware updates. 9.5.2 Each OEM Signatory has discretion to determine the mechanisms or solutions through which the elements set out in 9.5.1.1 to 9.5.1.3 are provided. 9.5.3 The Signatories acknowledge that some OEM Signatories (currently Lexmark, Brother and Xerox) have invested in developing Circular Processes including remanufacturing operations for their OEM Cartridges or OEM Containers, which will not limit, but would be recognized in bilateral discussions. 9.5.4 Nothing in this Paragraph 9.5 is intended 9.5.3 OEM Signatories and Supporting Signatories may agree to prevent or restrict any OEM Signatory or Supporting Signatory from: 9.5.4.1 agreeing to any other commercially reasonable terms in any bilateral arrangement address additional functions/issues beyond those set out in Paragraph 9.2.1.2, 9.4 or 9.3 and Paragraph 9.5.1 either by adding to the bilateral arrangements referred to in Paragraph 9.5.1 or through separate bilateral arrangements; or 9.5.4.2 entering into any . Any such additional provisions or additional bilateral arrangements with any legal entity that is not a Signatoryshall be on commercially reasonable terms. 9.5.5 9.5.4 OEM Signatories and Supporting Signatories commit to negotiate bilateral arrangements under Paragraph 9.5 in good faith. 9.5.6 Nothing in this Voluntary Agreement obliges any OEM Signatory or Supporting Signatory to divulge to any Signatory any competitively sensitive provision of any bilateral arrangement to which it is a party.