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8. TERM
The initial term of this Agreement shall be five (3) years. It shall
automatically be renewed, on a year to year basis, thereafter unless written
notice of cancellation is received by either party at least four (4) months prior
to any extended period.
9. TRADEMARKS/COPYRIGHTS
Supplier hereby assigns Distributor the non-exclusive right to use any
trademarks, copyrights and other such intellectual property of Supplier in
order to allow Distributor to perform his duties hereunder.
10. EXCUSE FOR NONPERFORMANCE
Supplier’s obligations under this agreement are accepted subject to
strikes, labor troubles (including strikes or labor troubles affecting any
suppliers of Supplier), floods, fires, acts of God, accidents, delays, shortage of
cars, contingencies of transportation and other causes of like or different
character beyond the control of Supplier. Impossibility of performance by
reason of any legislative, executive or judicial act of any governmental
authority shall excuse performance of or delay in performance of this
agreement.
11. WARRANTIES
Supplier warrants that
A. The Sesame shall be delivered free of the rightful claim of any
third person, and that Supplier has full title to the Sesame and
authority to sell such Sesame;
B. The bitterness, aromatic strength and coloring of the Sesame
shall be determined using the ISO 2542-2 or a similar
replacement standard and shall meet the minimum
requirements provided by Distributor to Supplier from time to
time; and
C. The sourcing, processing, and export of the Sesame will comply
with all laws, rules, regulations, export restrictions and other
requirements of Thai, Japan., and any country that may
be involved in the transport of the Sesame, as such may change
from time to time.
12. MARKETING
Supplier shall provide to Distributor marketing materials,
testimonials, testing results, and other items that may assist Distributor to
maximize his sale of Sesame.