Common use of Agent Responsibility Clause in Contracts

Agent Responsibility. 1. Agent shall use good faith efforts to market Services proactively to its customers. Said marketing shall be consistent with and subject to the terms and conditions set forth in applicable USWC rates and tariffs, which may from time to time be amended at the initiation of USWC or the appropriate regulatory commission, and as set forth in USWC policies for the sale of the Services hereunder. In the event the Services have been detariffed, are not subject to tariffs under state law, or are offered pursuant to tariffs that permit flexible pricing, Agent shall use USWC's current standard prices or Agent shall request a specific price for the customized Services. In the event Services are offered under contract, Agent shall offer such Services subject to the applicable terms and conditions contained in a contract supplied by USWC. In the event a bond is required, Agent agrees to post the bond and be responsible for the fees associated therewith. Agent may not offer any terms or conditions on USWC's behalf which conflict with relevant tariffs, prices, policies or contracts. Agent shall also market such services in a manner consistent with the standards for marketing of Services which USWC shall specify as necessary to protect trademarks or trade names used in connection with the Services and as provided in paragraph VIII hereof. 2. At least thirty (30) days prior to each anniversary of this Agreement, Agent shall submit a revised business plan and forecast updating its business activities and sales projections in the same format as originally supplied. The annual business plan is required for continuance of this agreement through its term. The requirements for information to be included in this Business Plan are outlined in attached, Appendix D incorporated herein by reference. 3. Agent has, prior to execution of this Agreement, accepted a minimum objective requirement as set forth in Appendix D. USWC and Agent must negotiate specific sales objectives by which Agent's sales performance will be measured for the calendar year. Such objectives agreed to by Agent and USWC shall be made a part of this Agreement as though fully set forth herein and shall be considered to constitute a material term hereof. 4. Agent agrees to meet with USWC representatives at mutually agreed upon times (at least semiannually) to discuss its sales activities and performance in meeting the objectives outlined in the business plan. Such meetings shall include, as a minimum, providing present and projected customer contact information, sales to date and pending sales activities, problems that have arisen, recent projected training and marketing activities and results, and other projected sales activities for the following six months. In addition, Agent agrees to notify USWC promptly of any problems that might affect Agent's ability to meet agreed upon objectives and forecasts. 5. Agent may sell other USWC services in addition to the services offered hereunder, provided Agent will not be compensated under the terms of this agreement for service not offered herein. 6. Agent shall use commercially reasonable efforts at all times to give prompt, courteous, and efficient service to customers, shall be governed in all dealings with such customers by the highest standards of honesty, integrity, and fair dealing, including compliance

Agent Responsibility. 1. Agent shall use good faith efforts to market Services proactively to its customers. Said marketing shall be consistent with and subject to the terms and conditions set forth in applicable USWC rates and tariffs, which may from time to time be amended at the initiation of USWC or the appropriate regulatory commission, and as set forth in USWC policies for the sale of the Services hereunder. In the event the Services have been detariffed, are not subject to tariffs under state law, or are offered pursuant to tariffs that permit flexible pricing, Agent shall use USWC's current standard prices or Agent shall request a specific price for the customized Services. In the event Services are offered under contract, Agent shall offer such Services subject to the applicable terms and conditions contained in a contract supplied by USWC. In the event a bond is required, Agent agrees to post the bond and be responsible for the fees associated therewith. Agent may not offer any terms or conditions on USWC's behalf which conflict with relevant tariffs, prices, policies or contracts. Agent shall also market such services in a manner consistent with the standards for marketing of Services which USWC shall specify as necessary to protect trademarks or trade names used in connection with the Services and as provided in paragraph VIII hereof. 2. At least thirty (30) days prior to each anniversary of this Agreement, Agent shall submit a revised business plan and forecast updating its business activities and sales projections in the same format as originally supplied. The annual business plan is required for continuance of this agreement Agreement through its term. The requirements for information to be included in this Business Plan are outlined in attached, Appendix D incorporated herein by reference. 3. Agent has, prior to execution of this Agreement, accepted a minimum objective requirement as set forth in Appendix D. USWC and Agent must negotiate specific sales objectives by which Agent's sales performance will be measured for the calendar year. Such objectives agreed to by Agent and USWC shall be made a part of this Agreement as though fully set forth herein and shall be considered to constitute a material term hereof. 4. Agent agrees to meet with USWC representatives at mutually agreed upon times (at least semiannually) to discuss its sales activities and performance in meeting the objectives outlined in the business plan. Such meetings shall include, as a minimum, providing present and projected customer contact information, sales to date and pending sales activities, problems that have arisen, recent projected training and marketing activities and results, and other projected sales activities for the following six months. In addition, Agent agrees to notify USWC promptly of any problems that might affect Agent's ability to meet agreed upon objectives and forecasts. 5. Agent may sell other USWC services in addition to the services offered hereunder, provided Agent will not be compensated under the terms of this agreement Agreement for service not offered herein. 6. Agent shall use commercially reasonable efforts at all times to give prompt, courteous, and efficient service to customers, shall be governed in all dealings with such customers by the highest standards of honesty, integrity, and fair dealing, including compliance