Sourcing of Products Sample Clauses

Sourcing of Products. (a) Licensee shall not carry, market or sell Products other than those (i) purchased from UMBRO or its Affiliates, (ii) manufactured by Licensee or its Affiliates (unless such manufacture is prohibited under the terms of this Agreement) (inside or outside the Territory), or (iii) manufactured by an Authorized Manufacturer (if permitted hereunder) upon terms and conditions agreed to between Licensee and Authorized Manufacturer and consistent with the Manufacturer's Authorization Agreement. Licensee may not manufacture and may not source International Licensed Products, except for International Licensed Products bearing the Miami Fusion Club Badge, or the Club Badge of any MLS team subsequently sponsored by UMBRO, if any, from anyone other than UMBRO. (b) Supply, delivery, price and payment terms with respect to Products purchased from UMBRO will be based upon UMBRO's standard terms and conditions at the time of order information. Other than for confirmed orders, Licensee agrees that UMBRO reserves the right upon 30 day written notice in its absolute discretion to vary up or down any price to be charged by UMBRO on any purchases thereafter. In addition, other than for confirmed orders, Licensee agrees that UMBRO is authorized to apportion Product among UMBRO, its Affiliates, Licensee, and other licensees and distributors in UMBRO's sole discretion. (c) Under the terms of Article 7, Licensee and its Affiliates are authorized to manufacture Products or, subject to UMBRO's approval, designate Authorized Manufacturers for the manufacture of Products. (d) An intentional and knowing material violation by Licensee of any of the sourcing requirements contained in this Section 3.3 or Sections 7.1, 7.3 and 7.5 shall result in a material breach of this Agreement without the opportunity or right to cure pursuant to Section 11.2(g) hereof. In this Section 3.3(d), "material" shall mean a violation that, in UMBRO's reasonable good faith judgment, undermines the purpose of the Authorized Manufacturer designation by preventing UMBRO, among other things, from controlling the source of manufacturing, the quality of manufacturing, the goodwill of the Trademarks or UMBRO's reputation in the global marketplace.

Sourcing of Products. In accordance with para 5.9 of Attachment 1a Specification Part 1 Service, the Authority may require the Supplier to source additional non-contracted PPE & Safety Wear products on an ad hoc basis. If usage of the item is considered significant or if the supply chain is such that guarantees of purchase are required – the items will be added to the contract via formal variation. Where the Supplier is requested to source additional items, the Authority reserves the right to purchase the items elsewhere in the future unless they are subsequently included in the contract. The Authority will endeavour to approach the Supplier for quotations for additional required items which fall within the scope of ‘Personal Protective Equipment & Safety Wear’.