Common use of Second Distributor Clause in Contracts

Second Distributor. The Parties acknowledge that: (a) Company and Second Distributor have entered into the Second Distribution Agreement; and, (b) the Parties and Second Distributor have entered into the Tri-Party Agreement. The Parties Agree that, notwithstanding anything in this Agreement to the contrary, including without limitation Section 2 hereof, Second Distributor may serve as a distributor of Company in the Territory and Company may supply Products and Ancillary Equipment to Second Distributor for Projects in the Territory, in each case without any obligation to notify or receive the consent of Distributor. Product and Ancillary Equipment purchases by Second Distributor shall not, however, be credited towards Distributor’s take-or-pay purchase obligations under this Agreement. The Parties agree that all disputes related to or arising out of Company’s relationship with Second Distributor or any supply or service transaction conducted between Company and Second Distributor shall be exclusively and finally resolved pursuant to the terms and conditions of the Tri-Party Agreement.