Distributor Appointment. 3.1 Avaya hereby appoints Distributor, and Distributor hereby accepts an appointment, to be an authorized Avaya Distributor for the limited purpose of: marketing and selling from authorized marketing locations in the Territory the Products, listed in the Product Group Attachments(s) which are attached hereto, to Resellers within the Territory in accordance with the terms and conditions of this Agreement. The appointment of Distributor is predicated on Distributor’s agreement to perform its obligations under this Agreement and to achieve the Territory annual commitment of Products for Distributor determined pursuant to Section 12 of this Agreement. Distributor may not sell Products outside of the Territory without Avaya’s prior written consent, which may be withheld in its discretion.
Distributor Appointment. 1.1 Subject to the terms and conditions contained herein, the Company grants to Distributor the non-exclusive right to purchase and resell those products listed on the attached Schedule A (herein the "Products") in the Territory. The Company may revise the list of Products from time to time without liability to Distributor. Nothing herein shall be construed to prohibit Distributor from selling at any price.
Distributor Appointment. Subject to Distributor’s compliance with all of the terms of this Agreement, Aruba grants Distributor the non-exclusive, non-transferable right, during the term of this Agreement, to distribute the Products only (a) exactly as packaged and provided by Aruba and (b) to Resellers that take delivery in and have a principle place of business located in the Territory. Nothing in this Agreement shall be construed as limiting in any manner Aruba’s marketing or distribution activities or its appointment of other dealers, resellers, distributors, licensees or agents. A separate written authorization from Aruba is required before Partner will be permitted distribute Aruba’s Wireless Mesh products. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ARUBA DISTRIBUTOR AGREEMENT REV061511 (STOCKING) ARUBA CONFIDENTIAL Contract Number: SPA0811-00074954 3
Distributor Appointment. ENZO hereby appoints BAXTER to act as its nonexclusive distributor worldwide for the distribution and sale of PRODUCTS (EXHIBIT B), and BAXTER agrees to act as such distributor under the terms and conditions set forth herein. BAXTER agrees:
Distributor Appointment. Subject to the terms and conditions of this Agreement, Xenogen appoints Distributor as its distributor of Licensed Products in the Territory and grants to Distributor a non-transferable, limited right to market and sell Licensed Products in the Territory to Local Customers in the Territory in the Field pursuant to written End User Agreements in the form specified in Exhibits Band C-1 through C-4. The foregoing appointment and right is exclusive with respect to Instrumentation, Software and Bioware™ and non-exclusive with respect to LPTA™ animal models. In addition, Distributor may also distribute Documentation to Local Customers in connection with their use of the Licensed Products.
Distributor Appointment. 1.1 ENZO hereby appoints AMERSHAM to act as its nonexclusive distributor worldwide for the distribution and sale of PRODUCTS through AMERSHAM Affiliates listed in EXHIBIT C, and AMERSHAM Distributors and AMERSHAM agrees to act as such distributor under the terms and conditions set forth herein.
Distributor Appointment. The Distributor is hereby appointed by the Company as the distributor of its Products within the given Territory. Distributorship is nonexclusive and Distributor has expressly accepted the position offered by the Company. The Company understands that it is lawful for distributors located in another place to supply commercial or consumable Products within the given Territory and that it does not have the right under law to prevent distributors from supplying such Products. Distributor is prohibited from selling Products or promote Products for sale beyond the borders of the specified Territory. Distributor is discouraged from setting up an office or warehouse beyond the borders of the specified Territory in order to sell the Products.
Distributor Appointment. Subject to MSD’s right to subcontract or delegate in whole or in part to one or more third parties its obligations and responsibilities as distributor of Specialty Allografts as expressly set forth in this Agreement, during the term of this Agreement, MSD is granted (i) exclusive distribution rights in the United States, Canada and Puerto Rico (the “Exclusive Territory”) for those Specialty Allografts indicated as “exclusive” on Schedule 2.1 (the “Exclusive Specialty Allografts”) and non-exclusive distribution rights throughout the rest of the world for such allografts, (ii) non-exclusive distribution rights throughout the world for those Specialty Allografts indicated as “non-exclusive” on Schedule 2.1 (the “Non-exclusive Specialty Allografts”) and (iii) non-exclusive distribution rights for Bone Paste throughout the world; provided, however, with respect to Bone Paste, the grant of rights herein shall be exclusive for the use of the trademark, service xxxx, trade name, design, graphics and logos associated with “Osteofil.” RTI agrees that any Bone Paste delivered other than pursuant to this Agreement shall contain a different brand name and label than the Bone Paste delivered pursuant to this Agreement. MSD shall be entitled to distribute Bone Paste for use in all applications, including all musculoskeletal applications (orthopedic, trauma, etc.). RTI shall not, and RTI shall ensure that any third party distributor does not, utilize or reference, directly or indirectly, in any manner the “Osteofil” name or any data with respect to the Osteofil product (including clinical and pre-clinical data) in any marketing and promotional materials or in any materials filed with any applicable regulatory authority.
Distributor Appointment. 3M currently markets, and has contractual obligations related to, the 3M Clean-Trace™ hygiene monitoring solution (“Clean-Trace™”) outside of Food Safety Applications, including (i) for use in healthcare facilities (e.g., hospitals, clinics, assisted living, extended care, physical therapy, hospice, dental, and other healthcare-related facilities) not related to diagnosing or treating disease in humans or animals (such uses, “Healthcare Applications”), which is sold by 3M to either (A) end user customers or (B) distributors that primarily serve such Healthcare Applications, and (ii) for use outside of Food Safety Applications with existing end user customers of 3M divisions other than 3M’s Food Safety department as of the Effective Date of this Agreement (“Other Permitted Applications”). Supplier appoints 3M as a non-exclusive, worldwide (“Territory”) distributor of Products, however, 3M will resell Products purchased under this Agreement, only for Healthcare Applications or Other Permitted Applications. 3M will set resale prices for Products at its exclusive discretion.
Distributor Appointment. 3M currently markets, and has contractual obligations (the subset of these contractual obligations that are existing and in effect on the date hereof are referred to herein as , “Existing Contractual Obligations”) related to, the 3M Clean-Trace™ hygiene monitoring solution (“Clean-Trace™”) outside of Food Safety Applications, including (i) for use in healthcare facilities (e.g., hospitals, clinics, assisted living, extended care, physical therapy, hospice, dental, and other healthcare-related facilities) not related to diagnosing or treating disease in humans or animals (such uses, “Healthcare Applications”), which is sold by 3M to either (A) end user customers or (B) distributors that primarily serve such Healthcare Applications, and (ii) for use outside of Food Safety Applications with existing end user customers of 3M divisions other than 3M’s Food Safety department as of the Effective Date of this Agreement (“Other Permitted Applications”). Supplier appoints 3M as a non-exclusive, worldwide (“Territory”) distributor of Products, however, 3M will resell Products purchased under this Agreement, only for Healthcare Applications or Other Permitted Applications. 3M will set resale prices for Products at its exclusive discretion.
