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Product Marketing and Distribution Agreement (Exhibit C to Purchase and Installation Agreement)
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Product Marketing and Distribution Agreement (Exhibit C to Purchase and Installation Agreement) - attorney-drafted template. Party names and deal-specific details have been replaced with neutral placeholders. Review before use.
[COMPANY]
OIL MARKETING AND DISTRIBUTION AGREEMENT
This Oil Marketing and Distribution Agreement (the “Agreement”) is made as of ________, 20__, by and between [COMPANY] Corporation, Inc., (“[COMPANY]”) or a subsidiary of [COMPANY], and _____________________ (“Producer”).
BACKGROUND FACTS
A. Producer has entered into both an Equipment Purchase and Installation Agreement including a License Agreement with [COMPANY] for the purchase, installation and operation of a system that converts mixed waste plastics into synthetic oil (the “Plant”); and
B. Producer has agreed, on an exclusive basis, to provide to [COMPANY] the synthetic oil generated by the Plant and meeting the specifications set forth on the attached Schedule B, as the same may change from time to time (the "Oil"), and [COMPANY] has agreed to broker the Oil for sale to third-Parties for a percentage based fee on the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants and conditions contained herein, and in consideration of the background facts set forth above and made a part of this Agreement, Producer and [COMPANY] agree as follows:
DATE OF FIRST DELIVERY NOTICE & PRODUCT
AVAILABLE FOR DISTRIBUTION
Notice Dates. Producer shall provide [COMPANY] with written notice seven (7) days prior to the Date of First Delivery of Producer’s Oil.
Delivery Schedule and Delivery Estimates. On or before the Date of First Delivery, the Parties shall mutually agree on a three month rolling schedule, including dates and estimated times, during the Term whereby [COMPANY] can cause Delivery of the Oil to occur. No less than thirty-six (36) hours prior to each such scheduled time of Delivery, Producer shall provide [COMPANY] a best estimate of the amount of Oil production Producer estimates to Deliver to [COMPANY] on the next scheduled Delivery date. Further, after the Date of First Delivery, Producer shall provide monthly notices to [COMPANY], by the 20th of each month, estimating the weekly production for the next three (3) month period beginning the first month following the date of the last estimate. Producer shall promptly notify [COMPANY] of any adjustments to the Oil production schedule that has been most recently given to [COMPANY].
TERM; TERMINATION
Initial Term; Renewal. Unless terminated earlier in accordance with this Agreement, the initial term of the Agreement shall be for a term, beginning on the Effective Date (the “Initial Term”) and ending on the fifth (5th) anniversary of the Effective Date. The Initial Term shall be followed by renewal terms (the “Renewal Terms”) of one (1) year that renew automatically unless notice is given by either Party at least ninety (90) days prior to the end of the current term.
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Product Marketing and Distribution Agreement (Exhibit C to Purchase and Installation Agreement)
Distribution Agreements -- US - General