Dot Hill Contractors Sample Clauses

Dot Hill Contractors. Subject to the foregoing provisions in this Section 4.7 and upon receipt by Infortrend of a written authorization from Dot Hill, a Dot Hill Contractor shall have the right to issue purchase orders directly to Infortrend for the purchase of Products under this Agreement, up to Dot Hill's authorized limit in such authorization; provided, however, each such purchase shall be subject to a separate reasonably established credit limit by and between Infortrend and such Dot Hill Contractor, as such credit limit may change from time to time upon mutual agreement by and between Infortrend and such Dot Hill Contractor. Upon Infortrend's receipt of such authorization from Dot Hill, Infortrend will determine if an authorized Dot Hill Contractor is creditworthy to purchase Products from Infortrend, which determination shall be reasonably made. If Infortrend determines that such Dot Hill Contractor is creditworthy, then Infortrend shall establish an appropriate credit limit with such Dot Hill Contractor and fulfill purchase orders received from Dot Hill Contractors under the same terms and conditions of this Agreement as if Dot Hill had submitted such purchase orders in its own name to Infortrend for fulfillment under this Agreement. With respect to such purchases and the related Products, the applicable Dot Hill Contractor shall have all of the obligations of Dot Hill, as are set forth in this Agreement with respect to the Products that such Dot Hill Contractor purchases. All purchases made by Dot Hill Contractors shall be aggregated for the purpose of determining all applicable volume discounts and any exclusivity conditions that exist under this Agreement. Each Dot Hill Contractor shall be responsible to pay Infortrend directly for Products that it orders. Notwithstanding anything to the contrary in this Agreement, Dot Hill shall not be liable to pay for any Products that are ordered by Dot Hill Contractors, and shall not be liable to Infortrend for any carrying costs, charges or other fees under this Agreement that apply to the Products ordered by Dot Hill Contractors, or for any liabilities or carrying costs which pertain to raw materials or components that are to be used in Products purchased by Dot Hill Contractors. The responsibility for the payment of all such liabilities or costs shall borne solely by such Dot Hill Contractors.