Operations, Exclusivity and Product Pricing Clause Samples

Operations, Exclusivity and Product Pricing. (a) Any Party's obligation to purchase products or services from the other Party shall be subject to basic order agreements or other agreements that the Parties may enter into, including, without limitation, the Basic Order Agreement entered into by the Parties as of the date hereof (the "Basic Order Agreement). Each Party's Manager shall identify and authorize specific individuals to address operational issues relating to orders and such agreements including, without limitation, warranties, returns, forecasting, and delivery. (b) The Parties acknowledge that the success of their cooperative relationship hereunder is dependent, among other things, on their products being competitively priced. For printers, related products, spare parts and consumables purchased from Genicom for Digital's internal consumption and Digital's service business' consumption for making internal and external repairs, Genicom's prices therefor will be equal to the lowest price for each type of Digital branded product and part that Genicom charges from time to time to its resellers, distributors and other preferred customers for comparable products in like circumstances, provided, however, that to the extent that the dollar volume of products purchased by Digital exceeds the volumes for such resellers, distributors and other preferred customers from time to time, the Parties shall negotiate more favorable prices than such lowest prices to the extent economically practicable. Genicom shall provide Digital with reasonable advance notice prior to increasing any of its prices for all printers, products, spare parts and consumables sold to Digital and/or through its distribution channels. (c) Digital acknowledges that during the term of this Agreement it desires to exclusively source from Genicom Digital Branded Printers pursuant to the terms and conditions hereof and a Basic Order Agreement of even date herewith between the parties hereto. In furtherance thereof, Genicom agrees that if it does not have at any time a particular product of comparable features, functions, quality, realiability and/or price available to timely meet the needs of Digital or any of its customers, it shall, if requested by Digital, use its best efforts to source such product to meet such needs and shall perform its other obligations hereunder in connection therewith, including, without limitation, testing and qualifying the product to ensure its quality, its compatibility with Digital's internal product develop...