Common use of DISTRIBUTOR REPRESENTATION Clause in Contracts

DISTRIBUTOR REPRESENTATION. DISTRIBUTOR hereby represents that it is capable or will use its reasonable best efforts to obtain the capability to provide 7x24 monitoring of the movement of any and all specific iTracker units (including iTracker-ET PTUs) sold to DISTRIBUTOR under this Agreement and that, furthermore, it believes that it has the capability to support End Users in their use of the Products through training and other services which are designed to ensure proper Product usage; provided, however, that each representation and covenant made by DISTRIBUTOR as stated above shall be conditioned upon iSecureTrac's performance of its obligations under this Agreement and the Hosting Services Agreement. DISTRIBUTOR further represents that it is the exclusive distributor in North America for certain products made by Elmo Tech, Ltd. ("Elmo Tech") and that it intends to maintain such exclusivity during the Term of this Agreement. DISTRIBUTOR further represents that if its exclusive distributorship of such Elmo Tech products is not maintained, then DISTRIBUTOR will, at its option, either (i) make a volume commitment purchase of iTracker-ET PTU's from iSecureTrac in order to maintain the exclusivity of this Agreement pursuant to a written amendment hereto complying with Section 14.2, or (ii) become a non-exclusive DISTRIBUTOR of the iTracker-ET PTU's. In the event DISTRIBUTOR loses its ability to provide iSecureTrac with the Elmo Tech components, for any reason, either party may terminate this Agreement on sixty (60) days prior notice to the other party without penalty or further liability or obligation to such other party.