Bottlers definition

Bottlers means bottlers of Beverages authorized by PEPSICO or one of its Affiliates to sell Beverages under the trademarks of PEPSICO or one of its Affiliates.
View Source
Bottlers has the meaning set forth in Section 9.4.2.
View Source
Bottlers means local participating bottler(s) licensed by Pepsi-Cola and/or the Partnership. The Bottlers that have agreed to participate as of the execution of this Agreement are listed on EXHIBIT #2 attached hereto. Pepsi-Cola shall use its good faith and commercially reasonable efforts to have any Pepsi-Cola bottler that services a territory in which the Outlet is located, to participate in the programs described herein; however, Pepsi-Cola shall have no obligation to extend the Packaged Products pricing or funding to the extent such bottlers elect not to so participate. Where and as applicable, to the extent requested by the Outlet, Pepsi-Cola will deliver Postmix Products to the Outlet’s designated foodservice distributors; provided, however, that in limited geographies, Pepsi-Cola reserves the right to distribute the Postmix Products to the Outlet through individual Bottlers. In the event that a foodservice distributor does not carry the Postmix Products, Pepsi-Cola will use commercially reasonable efforts to gain their agreement to carry such products. Failing such agreement, affected Outlets will either designate another foodservice distributor or accept delivery from Bottlers. During the Term, in the event Outlet offers ready-to-drink packaged beverage products (including but not limited to carbonated soft drinks, teas, waters, isotonics, energy drinks, juices, juice drinks, dairy- based beverages and/or coffee-based beverages), Outlet will purchase Pepsi-Cola’s and the Partnership’s corporate branded products (“Packaged Products”) from Bottlers in whose territories the affected Outlets are located to be sold in existing, future and after-acquired (provided not already under a pre-existing beverage agreement with Pepsi-Cola) outlets owned, operated, managed, leased, franchised and/or licensed by Outlet.
View Source

Examples of Bottlers in a sentence

  • It is hereby agreed that the Company shall not unreasonably withhold (i) any consents required by such agreements, or (ii) approval of Bottler's participation in such agreements.

  • The Bottler shall purchase from the Company only such quantities of the Concentrates as shall be necessary and sufficient to carry out the Bottler's obligations under this Agreement.

  • For those Bottlers that place orders manually, Bottler agrees to cooperate with the Production Center designated by CCR and the CCR Product Order Manager to develop and comply with an efficient, level ordering plan for the purchase of Products by Bottler in accordance with the Rolling Forecast (“Ordering Plan”).

  • Company has the sole and exclusive right and discretion to discontinue, on a temporary or permanent basis, any of the Covered Beverages or Related Products under this Agreement provided (i) any such Covered Beverage is discontinued for all Expanding Participating Bottlers in the United States, and (ii) Company does not discontinue all Covered Beverages under this Agreement.

  • The Bottler hereby acknowledges the personal nature of the Bottler's obligations under this Agreement with respect to the performance standards applicable to the Bottler, the dependence of the Trademarks on proper quality control, the level of marketing effort required of the Bottler to increase demand for the Beverages in Authorized Containers, and the confidentiality required for protection of the Company's trade secrets and confidential information.

  • Conversely, if any recall is caused by the Bottler's failure to comply with instructions, quality control procedures or specifications for the preparation, packaging and distribution of the product involved, the Bottler shall bear its total expenses of such recall and reimburse the Company for the Company's total expenses incident to such recall.

  • Such approval by the Company does not relieve the Bottler of the Bottler's independent responsibility to assure that the Authorized Containers, closures, cases, cartons and other packages and labels purchased by the Bottler are suitable for the purpose intended, and in accordance with the good reputation and image of excellence of the Trademarks and Beverages.

  • The Company may prosecute or defend any suit relating to the Trademarks in the name of the Bottler whenever an issue in such suit involves the Territories and therefore it is appropriate to act in the Bottler's name, or may proceed alone in the name of the Company, provided that the Company shall take no action in the Bottler's name which the Company knows or should know will materially prejudice or impair the rights or interests of the Bottler under this Agreement.

  • The Bottler, in accordance with such instructions as may be given from time to time by the Company, shall submit to the Company, at the Bottler's expense, samples of the Syrups, the Beverages and the raw materials used in the manufacture of the Syrups and the Beverages.

  • The Bottler hereby acknowledges the personal nature of the Bottler's obligations under this Agreement with respect to the performance standards applicable to the Bottler, the dependence of the Trademarks on proper quality control, the level of marketing effort required of the Bottler to increase demand for the Fountain Syrups, and the confidentiality required for protection of the Company's trade secrets and confidential information.