Non-Exclusive Sales Representative Agreement Page 7
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13and cured within ____________ (_____) days after receipt of
written notice of such violation from the non-violating Party.
13. RETURN OF PROPERTY.
Within _________ days of the termination of this Agreement, whether by expiration or
otherwise, the Representative agrees to return to the Company, all Products, samples, or
models, and all documents, retaining no copies or notes, relating to the Company’s
business including, but not limited to, reports, abstracts, lists, correspondence,
information, computer files, computer disks, and all other materials and all copies of such
material, obtained by the Representative during its representation of the Company.
14. INDEMNIFICATION.
(a) Of Company by Representative
The Representative shall indemnify and hold the Company harmless of and
from any and all claims, damages, or lawsuits (including reasonable attorneys’
fees) arising as a result of negligent, intentional, or other acts of the
Representative, its employees, or its agents.
(b) Of Representative by Company
The Company shall indemnify and hold the Representative free and harmless
of and from any and claims, damages, or lawsuits (including reasonable
attorneys’ fees) arising as a result of negligent, intentional, or other acts of the
Company or its employees, defects in the Products caused by the Company, or
the failure of the Company to provide any products to a customer that has
properly ordered through the Representative.
15. USE OF TRADEMARKS.
The Representative recognizes the Company’s right, title, and interest in and to all
service marks, trademarks, and trade names used by the Company and agrees not to
engage in any activities or commit any acts, directly or indirectly, that may contest,
dispute, or otherwise impair the Company’s right, title, and interest therein, nor shall the
Representative cause diminishment of value of said trademarks or trade names through
any act or representation. The Representative shall not apply for, acquire, or claim any
right, title, or interest in or to any such service marks, trademarks, or trade names, or
others that may be confusingly similar to any of them, through advertising or otherwise.
Effective as of the termination of this Agreement, the Representative shall cease to use all
of the Company’s trademarks, marks, and trade names.
16. ASSIGNMENT.
Non-Exclusive Sales Representative Agreement
7
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