National Accounts. The provisions of this Section shall not apply to accounts that are excluded from the definition of Distributor’s Accounts or are specifically designated as nonexclusive on Exhibit C hereto. Distributor agrees that should MEC wish to supply Products to any National Account (as defined below), MEC shall be entitled to make arrangements directly with such National Account and establish the terms of sale of Products to such National Account and the prices therefor, which shall take into account the prices and funding then being offered by Distributor and/or other distributors within whose territory the National Account has outlets, to such National Account or similar categories of customers. “National Account” shall mean a customer that sells at retail in more than fifty (50) stores and in multiple states. Should such National Account have one or more outlets within the Territory (“Outlets”), and agree to Outlets being serviced by Distributor, Distributor agrees to service the Outlets in accordance with such arrangements and on the same terms and at the same prices as MEC shall have agreed with the National Account concerned. Notwithstanding the foregoing, Distributor shall be entitled to elect not to service the Outlets by giving prompt written notice of such election to MEC. Should the National Account not agree to the Outlets being serviced by Distributor or should Distributor elect not to service the Outlets, MEC shall be entitled to service the Outlets directly. Both Distributor and MEC agree to use reasonable commercial good faith efforts to obtain the agreement of National Accounts to use DSD distribution with respect to the National Accounts. To the extent MEC services the Outlets directly and to the extent that MEC makes a commitment for funds or support in excess of what was agreed to by Distributor, any such excess shall be borne by MEC. In the event MEC services the Outlets directly, MEC shall bear sole liability and responsibility related to such National Account and MEC shall pay to Distributor, during the remaining Term of this Agreement, an amount equal to *** percent *** of Distributor’s “average gross profit per case” per Product case SKU, calculated in accordance with the provisions of Section 12(a)(i)(A) above (or based on MEC’s actual selling price of such Product case SKU if such Product case SKU is not sold by Distributor), for each case of such Product case SKU sold by MEC to the Outlets (but only on the excess of the amount by which t...
National Accounts. The Distributor agrees that it will ----------------- participate in the National Accounts Program described in Paragraph 11.1
National Accounts. The parties acknowledge that Nextel and Sprint (together with the Sprint PCS Affiliates) currently maintain separate and distinct “national accounts” programs. Sprint shall (following the Sprint Nextel Merger), and shall cause its Subsidiaries to, maintain separate national accounts teams for CDMA Products and Services and iDEN Products and Services with respect to national accounts headquartered in the Service Area, and no manager or member of Sprint’s national accounts team for CDMA Products and Services shall market any iDEN Products and Services to national accounts headquartered in the Service Area.
National Accounts. The Affiliate agrees to participate in the National Accounts Program described in Paragraph 13.1 below.
National Accounts. As defined in Section 18.1 of the Agreement.
National Accounts. We may enter an arrangement with other entities to authorize the Franchised Business to be established on a temporary basis in space controlled by the National Account entity that is open to the general public.
National Accounts. During the course of the Agreement, Generac may agree to directly sell Products to and service Products for various national and regional purchasers (“National Accounts”). Upon request and approval by Generac, Distributor may participate in the sales or service of Products for National Accounts. Distributor shall routinely interface with National Accounts and make best efforts to provide timely service and support for Products. For each National Account, Distributor shall comply with National Account specific terms and conditions established exclusively by Generac (“National Account Program Terms”). Such National Account Program Terms shall be detailed in separate written program and incorporated by reference into this Agreement. Generac may terminate or alter National Account Program Terms and Distributor’s ability to participate in National Accounts at any time and for any reason. Distributor shall participate in periodic calls with Generac to discuss National Account Program Terms and additional requirements.
National Accounts a. Distributor and its sub-distributors shall have the primary (except as specified in Exhibit C) relationship with retail and other customers throughout the Territory and shall be responsible for negotiating the terms of sale of the Products within the Territory; provided that without detracting therefrom MEC shall retain the right to provide input to Distributor and its sub-distributors regarding sales strategy and other matters as well as to provide sales, promotional and merchandising support and programs to retail and other customers as well as the right to meet directly with and make sales presentations to retail and other customers within the Territory as may be appropriate from time to time; and provided further that MEC will advise Distributor of such meetings beforehand to the extent practicable and Distributor shall be entitled to accompany MEC to the meetings. Additionally, MEC may accompany, assist and support Distributor and/or its sub-distributors from time to time on sales calls to retail and other customers.
National Accounts. At any time after the date hereof, Agent may elect in its sole discretion to cease acting solely as agent hereunder and begin acting as a Reseller under the Resale Agreement for National Accounts by giving NewCo not less than sixty (60) days' prior written notice of such election under this SECTION 9.2. Such election shall not affect Agent's rights under this Agreement with respect to Subscribers and Package Subscribers which are not National Accounts.
National Accounts. We may enter an arrangement with other entities to authorize the Jxxxxxx Hxxxxx Tax Service business to be established on a temporary basis in space controlled by the National Account entity that is open to the general public.
