Common use of Volume Purchasing Clause in Contracts

Volume Purchasing. Liberty Mutual agrees to exercise commercially reasonable efforts to continue all arrangements now or hereafter in existence pursuant to which members of the Liberty Mutual Affiliated Group and Agency Markets and its Subsidiaries may purchase discounted products and services (e.g., volume purchase discounts for computers, telephones, furniture and stationery, and long distance telephone calling packages) (“Volume Purchasing Arrangements”), including the allocation of costs and expenses in a fair and reasonable manner as determined by Liberty Mutual, to the extent permitted by the underlying vendor or supplier contract, until the earlier to occur of (a) the First Trigger Date or (b) the date it is no longer commercially reasonable for any member of the Liberty Mutual Affiliated Group to continue participation in such Volume Purchasing Arrangement. Agency Markets agrees to participate and to cause its Subsidiaries to participate, until the First Trigger Date, in all Volume Purchasing Arrangements currently existing, including any extensions or replacements thereof, and any new Volume Purchasing Arrangements identified by Liberty Mutual to the extent participation in such new Volume Purchasing Arrangement would not be commercially unreasonable as jointly determined by the parties. Agency Markets’ and its Subsidiaries’ participation in a particular Volume Purchase Arrangement includes not purchasing any similar goods or services through any other channels or means. Agency Markets acknowledges that any breach by it or its Subsidiaries of their obligations hereunder with respect to a Volume Purchasing Arrangement may result in an increase in the cost of such products or services to members of the Liberty Mutual Affiliated Group and agrees to reimburse Liberty Mutual for the aggregate increase in cost to such members.

Appears in 2 contracts

Sources: Intercompany Agreement (Liberty Mutual Agency Corp), Intercompany Agreement (Liberty Mutual Agency Corp)