Exclusivity Agreement Clause

Discuss the terms of payment of the agreement, including all rebates, deposits and taxes that are required or indicated. See how the seller makes invoices available to the buyer as well as late fees or payment options. You can include a section that covers the action required if a party terminates the contract. The seller can ask the buyer to purchase a specified number of units at a specified price. In 2007, BMC, a franchisee, entered into a 9-year franchise agreement with CDFI for the operation of a bakery business. In this context, it undertakes to source exclusively from BTB. In 2011, the franchisee informs the franchisor that it no longer has the activity below its (…) The parties agree that during this exclusivity agreement and a one-year period to terminate or conclude this agreement, the contracting parties refrain from any comment or statement, written or oral, that could denigrate or damage the image of the other party or damage the image of the other party. Any communication relating to this exclusivity agreement must be sent by e-mail, in person or by authenticated mail. All costs associated with sending such a notification are the responsibility of the sender. All notifications sent must be sent to the addresses below. During the exclusivity period, the seller will not request, sell or advertise to other parties under this exclusivity agreement. An exclusivity agreement is rarely unlimited; this term will almost always have an end date. Therefore, while there is no fixed time frame, it is important to identify the immediate needs of the product or service before they are offered to a seller.

In the example of the iPhone, Apple did not start selling the iPhone to other airlines or customers before arranging the exclusive contract with AT-T. The turmoil around the new product in the mobile device sector pushed customers towards AT-T, so the agreement worked for both parties. When an employer attempts to act against an employee under an exclusivity agreement with a zero-hour contract, that employer could be held responsible for the worker`s compensation. In this case, any provision of this agreement is considered invalid or unenforceable and all remaining provisions remain fully applicable. Startups and small businesses may not have as many opportunities for exclusivity clauses, as their buyers don`t often worry about beating up their competitors.

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