(1) The manufacturer must be mindful of the risks associated with creating 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 from these parties at a considerable cost. The opposite applies to distributors. It is usually in their best interest to acquire as many of these deals as possible, in the hope that one or two will be put into the gold mine that made a franchise of Coke, Pepsi or McDonald`s. This agreement (“Agreement”) will be entered into on August 17, 2010 by and between MO-SCI Corp. (“Seller”) having its registered office at 4040 HyPoint North Rolla, MO., 65401 & China PharmaHub Corp. (“Distributor”) with its principal place of business at 20955 Pathfinder Road, Suite 100, Diamond Bar, CA., 91765. This agreement confers an advantage on the distributor by ensuring that there are no competitors in the indicated market.
The supplier will often use this type of agreement as an argument to conclude a transaction. This Agreement and the annexed hereto (expressly incorporated therein) contain the complete and complete agreement between the Parties concerning the subject matter of this Agreement. it replaces all written proposals, written or other, written or other, concerning its subject matter. All amendments, revisions or additions to this Agreement shall be in writing and signed by authorized representatives of both Parties. Distributor acknowledges and agrees that any failure by Supplier to enforce any provision of this Agreement at any time or for any period of time shall not be deemed or construed as a waiver of such provisions or supplier`s right to enforce each provision thereafter. This agreement may be concluded in several considerations, each of which is considered original. The provisions of this Agreement, which are not fully fulfilled during the term of this Agreement, under the express terms of this Agreement, shall also apply after the termination of this Agreement, to the extent that they are applicable. Each supplier and distributor acknowledges that a breach of Articles 3 or 7 would result in immediate and irreparable harm for which a loss of money would be insufficient.
Therefore, the injured party is entitled to omission in the event of a breach by the other party of any of its obligations under these articles, without proof of actual harm and without the deposit of security or other security. Such a remedy is not considered an exclusive remedy for such an offence, but in addition to all other remedies available under the law or equity. (a) expiry period. Upon termination or expiration of this Agreement, distributor has the right to sell its remaining inventory of products and spare parts on a non-exclusive basis as long as such inventory exists; provided, however, that the distributor complies with all the conditions of this Agreement, including those which restrict the distributor`s activities. . . .