Exclusive Distribution Agreement Page 4
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other key marketing events. Travel, room and board for Dr. Eldor shall be paid by
Distributor.
5.
Relationships of the Parties
5.1
Independent Contractors. Distributor shall be considered to be an independent
contractor. The relationship between Developer and Distributor shall not be construed to
be that of employer and employee, nor to constitute a partnership, joint venture or
agency of any kind.
5.2
Distributor Expenses. Distributor shall pay all of its expenses, including without
limitation all travel, lodging and entertainment expenses incurred in connection with its
services hereunder. Developer shall not reimburse Distributor for any of those expenses.
5.3
No Obligations. Distributor shall have no right to enter into any contracts or
commitments in the name of, or on behalf of, Developer, or to bind Developer in any
respect whatsoever. In addition, Distributor shall not obligate or purport to obligate
Developer by issuing or making any affirmations, representations, warranties or
guarantees with respect to the Products to any third party.
6.
Best Efforts
6.1
Minimum Purchases. Distributor shall purchase a sufficient amount of Products from
Developer so as to meet or exceed the minimum purchase requirements set forth below,
provided, however; that purchases of Products in excess of the minimum purchase
requirement set forth below for any period shall be credited towards the minimum
purchase requirements set forth below for subsequent periods. For the purposes of this
provision, a "purchase" of Products within specified time period shall mean paying
Developer for such Products on or before the last day of such period.
Year of this
Minimum
Agreement
Product
Number
of Units
Year 1: ___________
Eldor Spinal Needles
_____________
Year 2: ___________
Eldor Spinal Needles
______________
Year 3: ___________
Eldor Spinal Needles
______________
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