Common use of Customer and Sales Reporting Clause in Contracts

Customer and Sales Reporting. Distributor shall, at its own expense and consistent with the sales policies of Manufacturer: i) place the Products in Distributor’s catalogues as soon as possible and feature the Products in any applicable trade show that it attends; ii) provide adequate contact with existing and potential customers within the Territory on a regular basis, consistent with good business practice and inform Manufacturer of the names of existing customers; iii) assist Manufacturer in assessing customer requirements for the Products, including modifications and improvements thereto, in terms of quality, design, functional capability, and other features; iv) submit market research information, as reasonably requested by Manufacturer, regarding competition and changes in the market within the Territory; v) keep records on all Manufacturer console technology including location, order information, services performed and any pertinent customer correspondence for an indefinite period of time, and make said records available for review by Manufacturer personnel or Manufacturer-designated individuals upon request; “console technology” includes BVS 5000, AB 5000, IMPELLA, and any new non-disposable technology that is introduced into Manufacturer’s line of products; vi) provide Manufacturer with any clinical data gathered for Products during the investigational stage for government approval; and vii) keep records on all Manufacturer disposable products including location, order information, expiration details and any pertinent customer correspondence for a period of three (3) years from date of product shipment, and make said records available for review by Manufacturer personnel or Manufacturer-designated individuals upon request; “disposable products” includes BVS Blood Pump Sets, Cannula, AB Ventricles, IMPELLA RECOVER LP 2.5 Pump, IMPELLA RECOVER LP 5.0 Pump, and any new disposable technology that is introduced into Manufacturer’s line of products.