Party A and Party B have entered into this agreement whereby Party B (the exclusive agent) will sell the LED lighting products (“LED products”) described on DemPlan I (“LED products”) and all new LED products developed by Part A; This agreement was negotiated in friendly consultation, during which the two parties discussed each clause of the agreement and reached a mutual agreement. This agreement and the attached statement (which is expressly included in this reference) contain the full and comprehensive agreement between the parties regarding the purpose of this agreement. It replaces all previous negotiations, submissions and proposals, in writing or any other means, relating to its purpose. Changes, amendments or amendments to this agreement must be established by a text signed by the authorized representatives of both parties. The distributor recognizes and accepts that any failure of the supplier to impose at any time or for a certain period of time is not considered or interpreted as a waiver of these provisions or as the supplier`s right to apply each of these provisions. This agreement can be concluded in several counter-pieces, each being considered original. The provisions of this contract, which are not fully met by the express terms of this agreement for the duration of the agreement, remain beyond the termination of that agreement, to the extent that this is applicable. The waiving or non-exercise by either party of a right under this agreement is not considered to be a waiver of another right or remedy to which the party may be entitled. 3. This agreement gives the distributor an exclusive right to market the products in the territory defined by the parties.

This means that other traders are not in the territory. Make sure that an exclusive agreement is what both parties have negotiated and can tolerate, especially the manufacturer. Each supplier and distributor acknowledges that a violation of Article 3 or Article 7 would cause direct and non-re-republisted harm for which monetary damage would be insufficient. Accordingly, the aggrieved party is entitled to an omission for breach by the other party of its obligations under those sections, without evidence of actual harm and without the posting of obligations or other security. This remedy is not considered an exclusive remedy for this violation, but in addition to any other legal or equity remedies. (g) “territory” [insert list of countries covered by the distribution service]. This agreement constitutes the whole agreement between the parties on this subject and replaces all previous agreements and instruments in this area. If there is a discrepancy between the provisions of the exclusivity distribution contract and the provisions of Schedule A or Appendix B, the terms of the exclusivity distribution contract apply. This agreement can only be amended by a written instrument executed by duly accredited representatives of the parties. 1. The manufacturer should be alert to the risks associated with establishing an exclusive long-term relationship with a distributor.

Most of these relationships benefit the distributor, not the manufacturer. Notable cases are Coke, Pepsi, McDonald`s and others who have had to buy back their rights to these parts at considerable cost.