DRAFT Do Not Use Without Legal Review DRAFT
|
|
- Kathlyn Arnold
- 6 years ago
- Views:
Transcription
1 Contract Packaging Agreement between ( PACKAGER ) and ( CUSTOMER ) Januarry 2011 WHEREAS, CUSTOMER desires to engage the facilities and services of PACKAGER for the packaging of certain products to be sold by CUSTOMER and WHEREAS, PACKAGER desires to undertake such packaging, according to the terms and conditions set forth below; and PACKAGER AND CUSTOMER HEREBY AGREE, EFFECTIVE BEGINNING UPON THE DATE OF SIGNATURE OF THE SECOND PARTY TO SIGN BELOW, THAT: Definitions The following definitions shall apply to the terms defined as used in this Agreement: PACKAGER shall refer to with its principal place of business at. CUSTOMER shall refer to with its principal place of business at. PACKAGING SERVICES provided under this Agreement by PACKAGER to CUSTOMER shall refer to the services more fully described in Exhibit A, which may or may not include creation of finished packaging articles, or filled packaging articles, or changing the form of packaged goods, or palletizing, specification, sourcing and/or purchasing of component ingredients, MATERIALS or labels. MATERIALS shall mean the packaging materials, ingredients, labeling, or components or related materials obtained by or provided to PACKAGER for the purpose of performing PACKAGER s obligations under this Agreement. 1. PACKAGING SERVICES PACKAGER agrees to provide the PACKAGING SERVICES described in Exhibit A attached hereto ( Products ). 2. PRICE In consideration for the PACKAGER s performance, CUSTOMER agrees to pay the sums set forth in Exhibit B on the terms set forth in Exhibit B. 1
2 3. MATERIALS AND SUPPLIES 3.1 Responsibility for conformance: If and to the extent CUSTOMER obtains or provides the MATERIALS, CUSTOMER shall be solely responsible for assuring their conformance to specifications set forth in this Agreement in Exhibit A. If and to the extent PACKAGER obtains or provides the MATERIALS, PACKAGER shall be solely responsible for assuring their conformance to specifications set forth in this Agreement in Exhibit A. 3.2 Disposition upon completion: Upon completion of work requested by CUSTOMER, PACKAGER agrees to promptly return, at CUSTOMER s shipping cost, all CUSTOMER s finished products, work in process, and raw materials upon receipt of the payments agreed to under this Agreement. If CUSTOMER fails or refuses to pay for or arrange shipping of any of its products, formulas or raw materials after thirty (30) days after termination, PACKAGER may, at its sole discretion, (1) destroy them and charge any reasonable costs of doing so to CUSTOMER; or (2) use them for any other purpose not related to this Agreement, provided no intellectual property or confidentiality obligations would be violated by doing so. PACKAGER shall not use as collateral for any loan or guarantee any products or MATERIALS owned, purchased or held by CUSTOMER. 4. DELIVERY 4.1 Scheduling. PACKAGER shall schedule the timely shipment of the finished products pursuant to the agreed schedule as set forth in Exhibit A attached hereto. 4.2 Delivery. Delivery shall be F.O.B. destination, freight collect. CUSTOMER shall arrange Common Carrier transportation of the Products to CUSTOMER s specified plant or other destination. PACKAGER s invoice shall be accompanied by commercial bills of lading. 5. SPECIFICATIONS AND QUALITY CONTROL 5.1 Specifications. PACKAGER shall manufacture the Products in accordance with the formula and specifications set forth in Exhibit A, attached hereto. 5.2 Quality Control Procedures. PACKAGER shall maintain a satisfactory quality control program (including necessary equipment) consistent with any and all applicable legal standards and requirements, including, if applicable, Current Good Manufacturing Practices (cgmps) for foods, drugs, medical devices, cosmetics, animal foods or animal drugs. PACKAGER shall assure that all Products supplied hereunder shall be manufactured in accordance with applicable federal or state laws regulations in effect at the time of manufacture, and PACKAGER reserves the right to suspend or delay its performance under this Agreement if necessary to assure continued compliance with such requirements. PACKAGER agrees to notify CUSTOMER promptly upon learning of any failure or suspected failure of any batch of Products to meet Product Specifications or other applicable standards. 2
3 6. WARRANTIES AND INDEMNITIES 6.1 Warranties as to specifications. To the extent that CUSTOMER chooses MATERIALS and supplies to be used for the Project, CUSTOMER hereby warrants and represents that they will be of quality and character suitable for completion of the Project as set forth in this Agreement, and that CUSTOMER is solely responsible for assuring that the MATERIALS and supplies are of such suitable quality and character. To the extent that PACKAGER chooses or acquires MATERIALS and supplies to be used for the Project after being provided with technical specifications for such MATERIALS and supplies by CUSTOMER or its designee, PACKAGER warrants only that the MATERIALS and supplies it chooses or acquires will meet the specifications requested by the CUSTOMER, and hereby disclaims any further warranty or assurance of the suitability of the MATERIALS or supplies for the Project. To the extent that PACKAGER chooses MATERIALS and supplies to be used for the Project, PACKAGER hereby warrants and represents that the MATERIALS and supplies that it chooses will be of quality and character suitable for completion of the Project as set forth in this Agreement, and that PACKAGER is solely responsible for assuring that the MATERIALS and supplies are of such suitable quality and character. 6.2 PACKAGER S Warranty. PACKAGER warrants that all articles it provides to CUSTOMER pursuant to this Agreement shall be, at the time of delivery, in compliance with all applicable federal, state and local laws, including, but not limited to, if applicable, the Federal Food, Drug and Cosmetic Act and the regulations in Title 21 of the US Code of Federal Regulations. If so applicable, PACKAGER warrants that the Products are not adulterated within the meaning of the Federal Food, Drug and Cosmetic Act, and are not articles which, under said Act, may not be introduced into interstate commerce. 6.3 CUSTOMER s Indemnity. CUSTOMER agrees to indemnify, and hold PACKAGER harmless from and against any and all liabilities, costs, losses, judgments (including attorney s fees) caused by or arising out of (1) CUSTOMER s formulation for the Products, if supplied by CUSTOMER and manufactured in accordance therewith), (2) contents of labels specified by CUSTOMER, if provided by CUSTOMER and created and applied in accordance with CUSTOMER s instructions, or advertising or other statements of CUSTOMER or its agents regarding the product; or (3) CUSTOMER s failure to comply with its obligations under this Agreement. 6.4 Trademark Indemnity. CUSTOMER agrees to indemnify and hold PACKAGER harmless against all claims that any trademark appearing on the labels or packaging materials specified or provided by CUSTOMER infringes the trademark or copyright rights of others. PACKAGER hereby acknowledges that it does not have, and shall not acquire, any interest in any of the CUSTOMER s trademarks or trade names or copyrighted material appearing in the labels or packaging materials for the Products. 6.5 Notice. Each party agrees to give the other prompt written notice of any claims, including any claims asserted or made by any governmental authority for which the other might be liable under the foregoing indemnifications, together with information necessary to defend, negotiate and settle such claims. Neither party shall be bound by a compromise or settlement made without its prior written consent. 3
4 7. LIMITATION ON DAMAGES CUSTOMER hereby acknowledges and agrees that PACKAGER s liability for any breach of performance or of warranty will not exceed the price actually paid by CUSTOMER under this Agreement and CUSTOMER hereby waives and releases any and all claims against PACKAGER in excess of such price, and that in the event of any breach of performance or any warranty under this Agreement by or attributable to PACKAGER, PACKAGER shall in no instance be liable to CUSTOMER for any special, incidental, exemplary, indirect, or consequential damages, including but not limited to, lost sales, revenues or profit, loss or return of or damage to product or MATERIALS, diminution in value of trademark or other intellectual property, loss of prospective economic advantage, loss of facilities, inventory, work-in-process, or time and materials, and CUSTOMER hereby waives and releases any such claims. 8. INSURANCE 8.1 Packager. PACKAGER shall carry and keep in force throughout the term of this Agreement insurance coverage sufficient to cover ingredients, MATERIALS, equipment and finished products of CUSTOMER in possession of PACKAGER for the benefit of CUSTOMER. PACKAGER shall further carry and keep in force throughout the term of this Agreement insurance coverage sufficient to cover products owned, purchased, or ordered by CUSTOMER which are in the possession of PACKAGER. 8.2 Customer. CUSTOMER shall carry and keep in force throughout the term of this Agreement insurance coverage sufficient to support its obligations and potential liabilities under this Agreement. 9. CONFIDENTIALITY All information, knowledge, technology and trade secrets (collectively information ) of CUSTOMER relating to the production, processing and testing of Products shall be used by PACKAGER only in the performance of its obligations under this Agreement. PACKAGER shall establish and maintain procedures to insure that all information disclosed to its employees is done so only on a need to know basis and is maintained in confidence and not disclosed to third parties or the public. PACKAGER shall not use such information for itself or for any third party. 10. TERMINATION 10.1 Termination. PACKAGER shall have the right to terminate this Agreement immediately and cease all work upon failure of CUSTOMER to make payments as agreed in Exhibit B, and PACKAGER shall have no liability under any circumstances for breaches or failures resulting from failures of CUSTOMER to meet any other obligations. CUSTOMER shall have the right to terminate this Agreement in whole or in part, immediately upon written notice to PACKAGER, if CUSTOMER provides PACKAGER with notice that it believes PACKAGER has materially failed to deliver Products in conformity with the specifications set out in Exhibit A and if PACKAGER is unable to remedy such alleged failure within thirty (30) days. Either party shall have the right to terminate this Agreement if the other party files a petition in bankruptcy or enters into an arrangement with its creditors or applies for or consents to the appointment of a 4
5 receiver or trustee or makes an assignment for this benefit of creditors, or suffers or permits the entry of an order adjudicating it to be bankrupts or insolvent Obligations upon Termination. In the event of termination pursuant to Paragraph 10.1, CUSTOMER shall, within ten (10) days of termination, pay for (1) finished products created by MANUFACTURER under this Agreement, (2) all unpaid MATERIALS and supplies purchased by PACKAGER necessary for the PACKAGER s performance under this Agreement. Upon termination, PACKAGER agrees to promptly return, at CUSTOMER s shipping cost, all CSUTOMER s finished products, work in process, and raw materials upon receipt of the payments described in this paragraph. If CUSTOMER fails or refuses to pay for or arrange shipping of any of its finished products, work in process, and raw materials after thirty (30) days after termination, PACKAGER may destroy them. 11. GENERAL 11.1 No Waiver. The failure of either party to terminate this Agreement by reason of the breach of any of its provisions by the other party, or the failure to exercise any other rights or remedies under this Agreement, shall not be construed as a waiver of the rights or remedies available for any subsequent breach of the terms and provisions of this Agreement Notices. Any notice required or permitted under this Agreement shall be deemed to have been received within two business days after written notice is sent by certified or registered mail, return receipt requested and postage prepaid, in the United States mail addressed to the respective parties as set forth below or to such address as each party may hereafter designate by written notice to the other party as set forth below, and on the next business day after written notice is sent by facsimile transmission to the respective parties at the facsimile numbers set forth below, or to such address or facsimile number as each party may hereafter designate by written notice to the other party in accordance with this Section Records. PACKAGER shall maintain good and sufficient records with respect to its inventories, obligations and performances under this Agreement. All such records shall be retained by PACKAGER for a period of not less than two years or such longer periods as required by law or regulation Force Majeure. Each of the parties shall be excused from any act, omission or obligation to perform hereunder or any liability related thereto when such failure or default is caused by Act of God, ware, fire, explosion, flood, hurricane, strike, lockout, injunction, inability to obtain fuel, power, raw materials, packaging or shipping materials, containers, labor or delays or defaults caused by public carriers, national defense requirements government injunction or other causes beyond its reasonable control or caused by the other party, provided that the party affected by the event of force majeure uses its best efforts to alleviate the effects of such event as promptly as reasonably practicable under the circumstances Complete Agreement. This Agreement, including the Exhibits attached hereto, sets forth the entire Agreement between the parties relative to the subject matter herein. No course of dealing or usage of trade or course of performance may be used to supplement or explain the terms of this Agreement or the obligation and rights of the parties hereto, and parol or extrinsic evidence unless in writing signed by both parties hereto is inadmissible to explain, vary or contradict the express terms of this Agreement. 5
6 11.6 Modification of Agreement. This Agreement cannot be modified except by a writing signed by both parties hereto Relationship of Parties. PACKAGER shall at all times act as an independent contractor, and nothing contained herein shall be construed to create a partnership, joint venture or agency relationship, and neither party shall have any authority, expressed, implied or apparent, to assume or create any obligations on behalf of or in the name of the other party Waiver. The failure to assert any right or remedy available to a party under the terms of this Agreement shall not be deemed to be a waiver of such right or remedy, and the waiver of any right or remedy available under this Agreement shall not constitute a waiver of any other right or remedy Severability. The provisions of this Agreement shall be severable and the invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provisions of this Agreement Assignment. Neither party hereto may assign any of its rights under this agreement, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld. Subject to the foregoing, this Agreement shall inure to the benefit of and shall bind each of the parties hereto and their respective successors and assigns Governing Law. The parties herein agree that in the event of any dispute or disagreement between them relating to this Agreement, the law of the State of PACKAGER s principal place of business shall apply. IN WITNESS WHEREOF, authorized representatives the parties hereto have executed this Agreement on the date or dates indicated below: PACKAGER By: Date: Title: Address: Tel: FAX: CUSTOMER By: Date: Title: Address: Tel: FAX: 6
7 EXHIBIT A PACKAGING SERVICES Description of PACKAGING SERVICES to be provided by PACKAGER for CUSTOMER under the foregoing Agreement, including - materials and finished product specifications, - provisions for sample review and approval before or during production - completion dates, milestones - delivery schedule, manner 7
8 EXHIBIT B PRICING and PAYMENT Pricing terms for finished goods, INCLUDING possibly - payment terms/schedule - assessorial sheet for -extras, - changes, - incomplete performance - storage - disposal 8
GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. Applicability. 2. Delivery. GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS a. These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods ("Goods") by
More informationGENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS
GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS 1. Applicability. (a) These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods ("Goods") by Tecogen Inc.
More informationCOTTA TRANSMISSION COMPANY, LLC VERSION 1.03 TERMS AND CONDITIONS OF SALE
1. Agreement. 1.1. Subject to the terms and conditions set forth herein ( Terms of Sale ), Cotta Transmission Company, LLC ( Cotta ) agrees to sell or provide such goods, products, parts, accessories and/or
More informationSTANDARD TERMS AND CONDITIONS ACKNOWLEDGEMENT DELUXE PLASTICS
STANDARD TERMS AND CONDITIONS ACKNOWLEDGEMENT DELUXE PLASTICS 1. Acceptance. This acknowledgment shall operate as Deluxe Plastics ( Deluxe ) acceptance of Buyer s purchase order, but such acceptance is
More informationTERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES
1. Applicability. These terms and conditions of sale ( Terms ) and the accompanying proposal for services or proposal for goods, as applicable, ( Proposal ) are the only terms which govern the sale of
More informationPURCHASE ORDER TERMS AND CONDITIONS
PURCHASE ORDER TERMS AND CONDITIONS 1. SERVICES & DELIVERABLES. Seller agrees to provide to CORTEC PRECISION SHEETMETAL (or its subsidiaries, if such subsidiaries are designated as the contracting parties
More informationDISTRIBUTOR AGREEMENT
DISTRIBUTOR AGREEMENT THIS AGREEMENT is made this day of, 19, by and between [Name of Company], with its principal place of business located at [Address] (the "Company") and [Name of Distributor], [Address]
More informationMunicipal Code Online Inc. Software as a Service Agreement
Exhibit A Municipal Code Online Inc. Software as a Service Agreement This Municipal Code Online, Inc. Software as a Service Agreement ( SaaS Agreement ) is made and entered into on this date, by and between
More informationAGREEMENT WHEREAS Product ). WHEREAS WHEREAS WHEREAS NOW, THEREFORE, Appointment & License End-users Reseller Obligations Sales Exhibit 1
AGREEMENT WHEREAS, Novisign is the developer and owner of all rights to a digital signage software system (the Product ). The "Product" will also include upgrades, modifications, and new sub-versions and
More informationStreaming Agent Referral Agreement
STREAMGUYS Authorized Streaming Agent Agreement Please complete and fax back entire agreement to us at 1-707-516-0009 Streaming Agent Referral Agreement This Streaming Agent Referral Agreement ( Agreement
More informationHBDI Technology and Herrmann Materials Licensing Agreement
Herrmann International 794 Buffalo Creek Road Lake Lure, NC 28746 United States of America herrmannsolutions.com HBDI Technology and Herrmann Materials Licensing Agreement This HBDI Technology Licensing
More informationSEI Biobased Participant Agreement
SEI Biobased Participant Agreement This Biobased Participant Agreement ( Agreement ) effective (the Effective Date), between The Safety Equipment Institute ( SEI ), a nonprofit corporation, having its
More informationNON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT
NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT This Non-Transferable and Non-Exclusive License Agreement (the Agreement ) is effective between Trident Automation, Inc. (the "Licensor") and Customer
More informationMASTER TERMS AND CONDITIONS FOR PURCHASE ORDERS
MASTER TERMS AND CONDITIONS FOR PURCHASE ORDERS ALL PURCHASE ORDERS BETWEEN Expert Global Solutions, INC ( EGS ) its subsidiaries and affiliates AND VENDOR ( VENDOR ) ARE SUBJECT TO THE FOLLOWING MASTER
More informationSERVICE AGREEMENT. In consideration of the mutual covenants set forth herein, the parties agree as follows:
SERVICE AGREEMENT This Service Agreement ( Agreement ) is entered into by and between The Regents of the University of California on behalf of the University of California, San Diego, a public, not-for-profit,
More informationGeneral Information. Applicant s Current Full Legal Business Name: Tax ID #:
This Credit Application is submitted to "WaterFurnace which is defined as any and all of the following NIBE Industrier AB subsidiaries and / or affiliates: WaterFurnace Renewable Energy, Corp., and WaterFurnace
More informationDEALER/AGENT/RESELLER/LIEN HOLDER SERVICE PROVIDER AGREEMENT
DEALER/AGENT/RESELLER/LIEN HOLDER SERVICE PROVIDER AGREEMENT This DEALER/AGENT/RESELLER/LIEN HOLDER AGREEMENT (the Agreement ), effective as of the day of, 20, by and between Crossbow Group Inc. (CGI )
More informationSTANDARD SALES TERMS & CONDITIONS
STANDARD SALES TERMS & CONDITIONS ALL NIAGARA BOTTLING, LLC, SALES ARE EXPRESSLY CONDITIONED UPON BUYER S STRICT ACCEPTANCE OF THESE TERMS AND CONDITIONS 1. Terms & Conditions of Sale. Niagara Bottling,
More informationCOLLIER COUNTY SHERIFF S OFFICE Standard Contract Provisions
COLLIER COUNTY SHERIFF S OFFICE Standard Contract Provisions The following are standard requirements of the Collier County Sheriff's Office (CCSO) for use in Non- Standard (Contractor/Consultant/Vendor
More informationStandard Terms and Conditions for Sale of Goods
Standard Terms and Conditions for Sale of Goods These Standard Terms and Conditions for the Sale of Goods (the Terms ) are applicable to all quotes, bids and sales of products and goods (the Goods ) by
More informationLicense Agreement. 1.4 Named User License A Named User License is a license for one (1) Named User to access the Software.
THIS AGREEMENT is between Salient Corporation, a New York corporation with its principal office and place of business located at 203 Colonial Drive, Horseheads, NY 14845 ( Salient ) and any party that
More informationTerms and Conditions
MASTER TERMS AND CONDITIONS FOR PURCHASE ORDERS ALL PURCHASE ORDERS ( ORDER OR ORDERS ) BETWEEN ALORICA INC. ( ALORICA ), ITS SUBSIDIARIES AND AFFILIATES, AND THE PARTY SUPPLYING THE PRODUCTS OR SERVICES
More informationINTERNET ADVERTISING AGREEMENT. THIS AGREEMENT made as of this day of, 2004.
INTERNET ADVERTISING AGREEMENT THIS AGREEMENT made as of this day of, 2004. BETWEEN: THOMSON ASSOCIATES INC., a corporation incorporated under the laws of the Province of Ontario; (hereinafter referred
More informationSTANDARD TERMS AND CONDITIONS OF SALE
1. Sale And License STANDARD TERMS AND CONDITIONS OF SALE 1.1 Controlling Conditions of Sale. All purchases and sales of Products, including all parts, kits for assembly, spare parts and components thereof
More informationROGERS CORPORATION - TERMS AND CONDITIONS OF PURCHASE
ROGERS CORPORATION - TERMS AND CONDITIONS OF PURCHASE THE FOLLOWING TERMS AND CONDITIONS, AND THOSE SPECIFIED ON THE FACE OF THIS PURCHASE ORDER, SHALL EXCLUSIVELY GOVERN THE PURCHASE OF ALL MATERIALS
More informationProfessional Services are provided subject to the terms and conditions of the Mercury Professional Services Agreement.
Mercury Systems, Inc. Terms & Conditions of Sale The following terms shall govern the sale of Mercury Systems, Inc. ( Mercury ) products that are ordered by customer ( Buyer ), including all hardware (the
More informationPines Engineering division Ajax Tocco Magnethermic Corporation. TERMS AND CONDITIONS OF SALE
Pines Engineering division Ajax Tocco Magnethermic Corporation. TERMS AND CONDITIONS OF SALE 1. PAYMENT TERMS: Terms of payment, unless otherwise specified on the front of this invoice, are: for machines
More informationPROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT, dated as of, 20 (this Agreement ), is made and entered into by and between William Marsh Rice University, a Texas non-profit corporation
More informationSYMPTOM MEDIA INDIVIDUAL SUBSCRIPTION TERMS AND CONDITIONS:
SYMPTOM MEDIA INDIVIDUAL SUBSCRIPTION TERMS AND CONDITIONS: 1. Grant of License. 1.1 Subject to the terms of this Agreement, Licensor (Symptom Media) hereby grants to Licensee (Authorized User), a limited,
More informationVMWARE IT ACADEMY PROGRAM TERMS & CONDITIONS
VMWARE IT ACADEMY PROGRAM TERMS & CONDITIONS These Terms & Conditions and any Exhibits hereto (together, Agreement ) govern VMware Academy Partner s participation in the VMware IT Academy Program and are
More informationMATERIALS TRANSFER AND EVALUATION LICENSE AGREEMENT. Carnegie Mellon University
MATERIALS TRANSFER AND EVALUATION LICENSE AGREEMENT Carnegie Mellon University This Agreement (hereinafter this Agreement ) is made and entered into this day of, ( Effective Date ) by and between Carnegie
More informationINDEPENDENT CONTRACTOR AGREEMENT
INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (this Agreement ), effective as of, 2017 (the Effective Date ), is by and between, a New York corporation having a principal place
More informationPurchase Agreement TERMS AND CONDITIONS PRICES PAYMENT AND PAYMENT TERMS. Bright Ideas. Better Solutions. Benchmark is Branch Automation.
Purchase Agreement The following terms and conditions shall apply to the sale of goods or products ( goods or products ) associated with your invoice: TERMS AND CONDITIONS The obligations and rights of
More informationSUPPLY AGREEMENT TERMS AND CONDITIONS OF PURCHASE (INFLIGHT SERVICES) SELLER IS ADVISED TO READ THESE TERMS & CONDITIONS CAREFULLY
SUPPLY AGREEMENT TERMS AND CONDITIONS OF PURCHASE (INFLIGHT SERVICES) SELLER IS ADVISED TO READ THESE TERMS & CONDITIONS CAREFULLY THIS SUPPLY AGREEMENT (the Agreement ) is made on the applicable dates
More informationASTM Supplier s Declaration of Conformity Program Participant Agreement
ASTM Supplier s Declaration of Conformity Program Participant Agreement This Agreement effective (the Effective Date), between ASTM International ( ASTM ), a Pennsylvania nonprofit corporation, having
More informationJOINT MARKETING AND SALES REFERRAL AGREEMENT
This Referral Agreement (the Agreement) is made effective as of 2012 (the Effective Date) by and between Aerospike, Inc., a Delaware corporation, with an address at 2525 E. Charleston Road, Suite 201,
More informationWILLIAM MARSH RICE UNIVERSITY SPONSORED COURSE AGREEMENT. Comp 410/539. Agreement No.
WILLIAM MARSH RICE UNIVERSITY SPONSORED COURSE AGREEMENT Comp 410/539 Agreement No. THIS SPONSORED COURSE AGREEMENT, dated as of ( Agreement ), is made and entered into by and between with a principal
More informationTERMS AND CONDITIONS OF SALE MEDICAL EQUIPMENT
FUJINON Inc. Web Version: 01 (March 1, 2011) TERMS AND CONDITIONS OF SALE MEDICAL EQUIPMENT 1. Each quotation provided by FUJINON INC. (the Seller ), together with the Terms and Conditions of Sale provided
More informationVIRTUALSCADA SOFTWARE LLC TERMS AND CONDITIONS OF SALE
VIRTUALSCADA SOFTWARE LLC TERMS AND CONDITIONS OF SALE VirtualSCADA Software LLC ("VIRTUALSCADA") and Customer, in consideration of the mutual covenants, agreements and provisions set forth herein and
More informationENGINEERING AND PROCUREMENT AGREEMENT
ENGINEERING AND PROCUREMENT AGREEMENT THIS ENGINEERING AND PROCUREMENT AGREEMENT ( Agreement ) is made and entered into this day of, 2009, by and between the PacifiCorp Transmission Services, ( Transmission
More informationCSI WORKSHOP LICENSE AGREEMENT FOR INTERNAL USE
WORKSHOP LICENSE AGREEMENT FOR INTERNAL USE This Workshop Agreement for Internal Use (the Agreement ) is made by and between The Consortium for Service Innovation, a Washington non-profit corporation,
More informationSYNDIKO'S LLC, TREASURE HEALTH LLC, D&P MEDICAL GROUP LLC- WEBSITE AFFILIATE AGREEMENT
SYNDIKO'S LLC, TREASURE HEALTH LLC, D&P MEDICAL GROUP LLC- WEBSITE AFFILIATE AGREEMENT This (the Agreement ) is entered into as of, 20 (the Effective Date ) by and between Syndiko's Investment's LLC incorporated
More informationNON-EXCLUSIVE LICENSE FOR USE OF SCHOOL WORDMARKS AND LOGOS
NON-EXCLUSIVE LICENSE FOR USE OF SCHOOL WORDMARKS AND LOGOS THIS LICENSE AGREEMENT (hereinafter "Agreement") is entered into by and between Greenville Independent School District, an independent school
More informationSales Agent Agreement
Sales Agent Agreement THIS SALES AGENT AGREEMENT (this Agreement ) is entered into on, 20 (the Effective Date ) by and between KEYSTONE MANAGEMENT GROUP, LLC DBA CLOUDSTAR, a Florida Limited Liability
More informationNEW ACCOUNT APPLICATION FORM
NEW ACCOUNT APPLICATION FORM KORITE is looking for Authorized KORITE Dealers throughout the world. Application Process Applicants must complete the Authorized KORITE Dealer Application (including credit
More informationWU contract # NON EXCLUSIVE LICENSE AGREEMENT
WU contract # 005900- NON EXCLUSIVE LICENSE AGREEMENT THIS NON EXCLUSIVE LICENSE AGREEMENT (the Agreement ) is made and entered into, as of the last of the dates shown in the signature block below ( Effective
More informationTERMS AND CONDITIONS. V6 (15 December 2017) 2017 Intercontinental Exchange, Inc. 1 of 6
TERMS AND CONDITIONS 1. AGREEMENT AND DEFINED TERMS (a) The terms of this agreement (this Agreement ) consist of: (1) these Terms and Conditions; (2) an order form making reference to these Terms and Conditions
More informationCOLOR PRINTER DRIVER FOR WINDOWS 10/8/7/Vista 32-bit and 64-bit LICENSE AGREEMENT
COLOR PRINTER DRIVER FOR WINDOWS 10/8/7/Vista 32-bit and 64-bit LICENSE AGREEMENT This Software Development License Agreement ( Agreement ) is made and entered into by and between ( Licensee ), a corporation
More informationGREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT
GREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT THIS AGREEMENT, including all Schedules and Exhibits attached hereto (this Agreement ), is entered
More informationGREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT
GREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT THIS AGREEMENT, including all Schedules and Exhibits attached hereto (this Agreement ), is entered
More informationPrufrex USA, Inc. TERMS AND CONDITIONS OF PURCHASE
Prufrex USA, Inc. TERMS AND CONDITIONS OF PURCHASE 1 Contract Formation: These Terms and Conditions of Purchase (the "Terms and Conditions") apply to any purchases by Prufrex USA, Inc., its subsidiaries,
More informationMASTER PURCHASE AGREEMENT
MASTER PURCHASE AGREEMENT This Master Purchase Agreement dated as of January 6, 2003 is by and between the County of Allegheny ( County ) and Zep Manufacturing Company, a division of Acuity Specialty Products
More informationLICENSE AGREEMENT RECITALS
LICENSE AGREEMENT This License Agreement ("Agreement") is entered into as of this day of, 20 (the Effective Date ) by and between the Subaru of America, Inc. ("SOA"), a New Jersey corporation having its
More informationTRADEMARK LICENSE AGREEMENT
TRADEMARK LICENSE AGREEMENT THIS AGREEMENT is effective as of (hereinafter the Effective Date ) by and between the Computer Measurement Group, Inc. ( CMG ), having its principal place of business at P.O.
More informationLICENSE AGREEMENT. The Licensor desires to grant, and the Licensee wishes to obtain, the right and license to Produce and Distribute the same Seeds.
LICENSE AGREEMENT THIS AGREEMENT made as of January 1 st, 2013 (the Effective Date ). BETWEEN: MERIDIAN SEEDS LLC., a limited liability company organized under the laws of North Dakota (hereinafter referred
More informationEnd User License Agreement (EULA) Savision Inc. 2017
End User License Agreement (EULA) Savision Inc. 2017 Contents 1. Definitions... 4 2. License Grant and Restrictions... 5 3. License Fee... 6 4. Intellectual Property Rights and Confidential Information...
More informationEMPOWER SOFTWARE HOSTED SERVICES AGREEMENT
EMPOWER SOFTWARE HOSTED SERVICES AGREEMENT 1. AGREEMENT. THIS HOSTED SERVICES AGREEMENT IS A BINDING CONTRACT between Empower Software, Inc. ( Empower or we ) and you and/or the company or other legal
More informationHome Foundation Subcontractor Services Agreement
Home Foundation Subcontractor Services Agreement This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Step-by-Step Instructions 4. Home Foundation Subcontractor Services Agreement
More informationWarehouse Agreement. WHEREAS, Warehouse Operator is in the business of warehousing and storing goods; and
Warehouse Agreement This Warehouse Agreement, dated as of [DATE] (this Agreement ), is entered into between [WAREHOUSE OPERATOR NAME], a [STATE OF ORGANIZATION] [TYPE OF ENTITY] ( Warehouse Operator )
More informationLISTING AGREEMENT STANDARD TERMS AND CONDITIONS Date: March 1, 2016
LISTING AGREEMENT STANDARD TERMS AND CONDITIONS Date: March 1, 2016 ARTICLE 1 Definition 1.1 Definitions. In this Agreement, the following words shall have the following meanings: Agreement means this
More informationWebsite Development Agreement
Website Development Agreement This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between Lotta Digital (Lotta Digital is a registered name of Qikmo Technology Inc.) ("Company") and the party
More informationALL TRAFFIC SOLUTIONS MASTER SERVICES AGREEMENT
ALL TRAFFIC SOLUTIONS MASTER SERVICES AGREEMENT THIS AGREEMENT IS BETWEEN ALL TRAFFIC SOLUTIONS ( ATS ) AND YOU, AN ADULT INDIVIDUAL, ON BEHALF AND BINDING YOUR COMPANY AND AFFILIATED OFFICERS, DIRECTORS,
More informationTERMS AND CONDITIONS OF PURCHASE AND PAYMENT
TERMS AND CONDITIONS OF PURCHASE AND PAYMENT 1. Definitions 1.1 AmesburyTruth means Amesbury Industries, Inc., a Delaware corporation and subsidiary of Tyman plc headquartered in London, England, together
More informationCREDIT/ SALES AGREEMENT
FOR OFFICIAL USE Alaskan Acct. # & BRASS CANADA INC. 225 North Road, Coquitlam, B.C. V3K 3V7 Telephone: (604) 937-6620 Fax # (253) 796-2776 www.alaskancopper.com Email: credit@alaskancopper.com CREDIT/
More informationSERVICES AGREEMENT No.
SERVICES AGREEMENT No. This is a services agreement ( Agreement ) by and between the WOODS HOLE OCEANOGRAPHIC INSTITUTION (WHOI), a corporation with its principal place of business in Woods Hole, Massachusetts,
More informationPurchase Agreement (Goods)
Purchase Agreement (Goods) SLS SAMPLE DOCUMENT 06/30/17 This is a Purchase Agreement ( Agreement ), dated as of [month day, year] ( Effective Date ), between [ ] ( Client ) and ( Vendor ). BACKGROUND Client
More informationTrust Italia S.p.A. OnSite SM Agreement
Trust Italia S.p.A. OnSite SM Agreement This Trust Italia S.p.A. OnSite SM Agreement ( Agreement ) is entered into between Trust Italia S.p.A.. ( Trust Italia S.p.A. ), and the entity listed at the bottom
More informationCENTER REPORTING INTRANET EXPRESS LICENSE. Non-Exclusive Software Site License Agreement
CENTER REPORTING INTRANET EXPRESS LICENSE Non-Exclusive Software Site License Agreement Users are required to obtain this license in order to use the Center Reporting Intranet software. Please fill out
More informationAGREEMENT OF SALE BY AND BETWEEN THE PHILADELPHIA PARKING AUTHORITY AND.
AGREEMENT OF SALE BY AND BETWEEN THE PHILADELPHIA PARKING AUTHORITY AND. PPA Contract No. THIS AGREEMENT effective as of day of, 2012 by and between The Philadelphia Parking Authority, an agency of the
More informationEQUIPMENT TERMS AND CONDITIONS (OEM)
EQUIPMENT TERMS AND CONDITIONS (OEM) The following terms and conditions ( Agreement ) apply to any orders submitted by OEM in response to this proposal by Brooks Automation, Inc., ( Brooks ). Any additional
More informationDATA COMMONS SERVICES AGREEMENT
DATA COMMONS SERVICES AGREEMENT This Data Commons Services Agreement (this Agreement ) is made as of, 2017 (the Effective Date ), by and between Center for Computational Science Research, Inc. (CCSR),
More informationINTRODUCING BROKER AGREEMENT
INTRODUCING BROKER AGREEMENT This IB Agreement (this "Agreement") is made and entered by Topic Markets Limited Ltd., and (the "Corporate/Individual") (the "IB"), Address Whereas, the Company operates a
More informationSaaS Software Escrow Agreement [Agreement Number EL ]
SaaS Software Escrow Agreement [Agreement Number EL ] This Escrow Agreement ( Agreement ) is made on [INSERT DATE] by and among: 1) [Depositor Name, registered company number ######] located at [registered
More informationSEVES USA INC. PPC Insulators Division North America Purchase Order Terms & Conditions. Title and risk of loss. Governing Terms & Conditions.
SEVES USA INC. PPC Insulators Division North America Purchase Order Terms & Conditions Governing Terms & Conditions This Purchase Order ( Order ) constitutes the offer of Seves USA Inc. USA, Inc. ( Seves
More informationSOFTWARE LICENSE AGREEMENT
dbdos PRO 6 SOFTWARE LICENSE AGREEMENT This Software License Agreement (the Agreement ) is entered into by and between DBASE, LLC, a New York limited liability company, with a mailing address at 31 Front
More informationLIQUID ASSET STORAGE a division of Sokolin LLC 445 Sills Rd., Unit K, Yaphank, NY PHONE: (631) FAX: (631)
LIQUID ASSET STORAGE a division of Sokolin LLC 445 Sills Rd., Unit K, Yaphank, NY 11980 PHONE: (631) 613-6315 FAX: (631) 613-6316 LIQUID ASSET STORAGE AGREEMENT This Liquid Asset Storage Agreement (this
More informationENGINEERING AND CONSTRUCTION AGREEMENT WASHINGTON INTERCONNECTION
ENGINEERING AND CONSTRUCTION AGREEMENT WASHINGTON INTERCONNECTION This ENGINEERING AND CONSTRUCTION AGREEMENT ( E&C Agreement ), entered into this day of, 20, by and between PacifiCorp Transmission Services
More informationPROMIS Rapid Electronic Filing System Submitter License Agreement
PROMIS Rapid Electronic Filing System Submitter License Agreement 94 McFarland Boulevard This Submitter License Agreement (Agreement) is made between Syscon, Inc, an Alabama corporation, with corporate
More informationDRAFT. OCE Funding Agreement
(Trilateral) MIS#: This Agreement is made between ( Client ), ( Research Partner ), (Client and Research Partner collectively referred to as the Participants ), and Ontario Centres of Excellence Inc. (
More informationConnectivity Services Information Document
Connectivity Services Information Document Firm: Address: USER INFORMATION City: State: Zip: Firm: Address: BUSINESS CONTACT BILLING ADDRESS City: State: Zip: ACCOUNT ADMINISTRATORS TECHNICAL CONTACT BILLING
More informationBaxEnergy GmbH ( BaxEnergy ) Software License and Services Agreement
BaxEnergy GmbH ( BaxEnergy ) Software License and Services Agreement IF YOUR COMPANY HAS EXECUTED A LICENSE AGREEMENT WITH BAXENERGY, THIS AGREEMENT SHALL GOVERN AND SUPERSEDE ALL PRIOR AGREEMENTS. IMPORTANT
More informationSALES REPRESENTATION AGREEMENT *** SPECIMEN ONLY *** THIS AGREEMENT made and entered into by and among. , a. Specimen
SALES REPRESENTATION AGREEMENT Warning: Professional advice may be required before using this *** SPECIMEN ONLY *** THIS AGREEMENT made and entered into by and among, a corporation d/b/a with principal
More informationQUEEN'S UNIVERSITY TRADEMARK LICENSE AGREEMENT
SCHEDULE A STANDARD TERMS AND CONDITIONS DEFINITIONS 1.1 The Terms herein defined and used in this Agreement shall, unless the context clearly indicates to the contrary, have the meaning set forth in this
More informationSAXON OEM PRODUCT LICENSE AGREEMENT
SAXON OEM PRODUCT LICENSE AGREEMENT This OEM Product License Agreement ( Agreement ), effective on date of signature ( Effective Date ) is between ("Licensee"), and Saxonica Limited ( Saxonica ) a Company
More informationPUBLISHING AGREEMENT. In consideration of the mutual covenants herein contained, the parties agree as follows: SAMPLE
PUBLISHING AGREEMENT This agreement (the Agreement ) is made this day of, 201 between, with an address of (the Author ) and Coventry House Publishing, LLC, an Ohio limited liability company whose principal
More informationLICENSE AGREEMENT THIS AGREEMENT is dated the of, 2014.
LICENSE AGREEMENT THIS AGREEMENT is dated the of, 2014. BETWEEN: POINT IN TIME, CENTRE FOR CHILDREN, YOUTH AND PARENTS, a not-for-profit corporation incorporated pursuant to the Corporations Act (Ontario
More informationGREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION LICENSE AND PARTICIPATING MANUFACTURER AGREEMENT
GREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION LICENSE AND PARTICIPATING MANUFACTURER AGREEMENT THIS AGREEMENT, including all Schedules and Exhibits attached hereto (this Agreement ), is
More informationCORE TECHNOLOGIES CONSULTING, LLC UNLIMITED OEM SOFTWARE LICENSE AGREEMENT
CORE TECHNOLOGIES CONSULTING, LLC UNLIMITED OEM SOFTWARE LICENSE AGREEMENT ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR USE THIS SOFTWARE ACCOMPANYING THIS PACKAGE.
More informationWarrantyLink MASTER SERVICES AGREEMENT RECITALS
WarrantyLink MASTER SERVICES AGREEMENT This WarrantyLink Master Services Agreement (the Agreement ) is entered into and effective as of Effective Date, by and between American Home Shield Corporation (
More informationPolarity Partnerships Software Licence Agreement
Polarity Partnerships Software Licence Agreement CAREFULLY READ THE FOLLOWING LICENCE AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
More informationGPS & REMOTE DRUG / ALCOHOL OFFENDER MONITORING SERVICE PROVIDER AGREEMENT
GPS & REMOTE DRUG / ALCOHOL OFFENDER MONITORING SERVICE PROVIDER AGREEMENT THIS AGREEMENT is made and entered into this 8th day of June 2016, by and between ABK Tracking, an Indiana corporation, with offices
More informationAGREEMENT FOR LIMITED ACCESS TO DATA
AGREEMENT FOR LIMITED ACCESS TO DATA This Agreement for Limited Access to Data ( this Agreement ) is made and entered into on this day of, 20, by and between the Memphis Area Association of REALTORS, Inc.
More informationMerchant Participation Agreement
THIS MERCHANT PARTICIPATION AGREEMENT ("Agreement") is made this day of 20 by and between, whose principal place of business is (hereinafter referred to as "Merchant") and MetaBank whose principal place
More informationSTANDARD TERMS AND CONDITIONS OF SALES AND SERVICES ( AGREEMENT )
STANDARD TERMS AND CONDITIONS OF SALES AND SERVICES ( AGREEMENT ) 1. BASIS OF SALE 1.1 EXION Asia Pte Ltd ( EXION ) shall sell and the Purchaser shall purchase the Goods and/or Services in accordance with
More informationThe terms defined in this Article shall have the meanings ascribed to them herein whenever used in this Agreement :
DISTRIBUTORSHIP AGREEMENT II This Distributorship Agreement (this "Agreement") is made and entered into this day of 20 by and between. a corporation duly organized and existing under the laws of the Republic
More information1.1 'Products' means [those products which are mentioned in the attached Annex "A"]
DISTRIBUTORSHIP AGREEMENT I This Agreement, made and entered into this first day of July, 2005 by and between [X Inc.]a corporation duly organized and existing under the laws of the Republic of xxxxx and
More information3/12/14. TERMS AND CONDITIONS TO SUPPLY and SALES AGREEMENTS
1 Universal Environmental Services LLC, 411 Dividend Drive Peachtree City, GA. 30269 3/12/14 TERMS AND CONDITIONS TO SUPPLY and SALES AGREEMENTS Acceptance of Terms: Seller's acceptance of Buyer's order
More informationAUTONOMIE COMMERCIAL SOFTWARE LICENSE AGREEMENT
AUTONOMIE COMMERCIAL SOFTWARE LICENSE AGREEMENT This Agreement is made between the UChicago Argonne, LLC, as operator of Argonne National Laboratory under Contract No. DE-AC02-06CH11357 ("Licensor") with
More informationMICROSTRATEGY CLICKWRAP SOFTWARE LICENSE IMPORTANT - READ CAREFULLY
MICROSTRATEGY CLICKWRAP SOFTWARE LICENSE 2007.01.31 IMPORTANT - READ CAREFULLY BY ELECTRONICALLY ACCEPTING THE TERMS OF THIS LICENSE AGREEMENT YOU ("LICENSEE") AGREE TO ENTER INTO A SOFTWARE LICENSING
More informationCompany Policies CHEMIDOSE LIMITED. Chemical dosing specialists
Company Policies CHEMIDOSE LIMITED Chemical dosing specialists Unit 1 Centre 2000 St.Michael s Road Sittingbourne Kent ME10 3DZ Tel:01795 425169 www.chemidose.co.uk Chemidose Policies, Terms and Conditions
More information