c. Disputes. The Parties shall endeavour to negotiate in good faith between themselves, within [days of notification of dispute] days after notification of a notice of a dispute, or such longer period as may be mutually agreed between the Parties, any dispute, controversy or claim arising out of or related to this Agreement, including, but not limited to, disputes concerning the application of a provision; 100,000 00 If the parties are unable to resolve the dispute during this period and one or both parties wish to sue one or both parties to the dispute, the complaining party must submit the dispute to binding arbitration, in accordance with the rules and regulations of the American Arbitration Association. The parties share equally the cost of reconciling such a dispute. The arbitrator(s) shall not be entitled to award damages beyond damages and both parties irrevocably waive the right to such damages. The judgment on the arbitrator`s arbitral award may be recorded by any court having jurisdiction over the dispute. In the event that the parties are unable to agree on an arbitrator within [three days], each party shall appoint an arbitrator and those two arbitrators shall appoint a third arbitrator, the third arbitrator being the sole arbitrator of the dispute. e. The performance of this Distribution Agreement by the Enterprise and the performance of its obligations and obligations under this Agreement are not in breach of and are not contrary to any agreement to which it is a party or to which it is otherwise bound, and g. The distributor may instruct sub-representatives, negotiators, sub-representatives or other persons to act on behalf of the distributor or to fulfil any other of the distributor`s obligations under this Agreement in the territory; provided that (i) any compensation to such sub-representative, negotiator, sub-representative or any other person acting on behalf of the distributor or otherwise performing the distributor`s obligations is the sole responsibility of the distributor and (ii) such appointment does not deprive the company of the essential rights to which it is entitled under this Agreement. Any agreement with such sub-agent, sub-dispatcher, sub-representative or any other person shall not extend beyond the term of this Agreement.
The Company produces and sells the products listed in Section 1.c below (the “Products”). The Distributor wishes to purchase the Products from the Company for resale in the areas or geographical areas defined in Section 1.b (the “Zone”). The Company wishes to appoint the Distributor as its exclusive distributor of the Products in the Territory, and the Distributor wishes such an appointment, subject to the conditions set out in this Agreement, including any exhibitions or schedules attached. Distributor agrees that it will carefully perform the services and obligations described in this Agreement. The activity of the distributor shall be subject to its exclusive control, including, but not limited to, the supervision and liability of personnel costs. .