Product and market schedule: The Product and Market Schedule, attached hereto as




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НазваниеProduct and market schedule: The Product and Market Schedule, attached hereto as
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COUNTERPARTS. This Agreement may be executed in counterparts, which, taken together, shall be regarded as one and the same instrument.

  • GOVERNMENT APPROVALS. The Reseller shall be responsible for obtaining all necessary government approvals, consents, licenses or permits to enable it to purchase the Products. The Reseller will bear all costs associated with obtaining such government approvals, consents, licenses or permits. The Reseller shall comply with all government regulations.

  • LANGUAGE. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

  • LIMITATION OF LIABILITY UPON TERMINATION. In the event of non-renewal or termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of such non-renewal or termination, for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, inventory, investments, leases or commitments in connection with the business or goodwill of KMSI or Reseller. Termination shall not, however, relieve either party of obligations incurred prior to the termination.

  • PRESS RELEASES. Reseller shall not issue any press release to the general public concerning or in any way referring to this Agreement without the prior written approval of KMSI.

  • PUBLICITY. Reseller hereby authorizes KMSI to use Reseller’s name and/or trademarks and service marks in order to identify Reseller as a KMSI Reseller, and to disclose and/or publish Reseller’s experience and business profile in publicity, promotional and/or marketing materials (including, but not limited to, KMSI Reseller website section and newsletter).

  • FORCE MAJEURE


    NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DELAY IN THE PERFORMANCE OF ANY OF ITS OBLIGATIONS HEREUNDER DUE TO ANY CAUSE BEYOND SUCH PARTY’S REASONABLE CONTROL OR DUE TO ACTS OF GOD, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, LABOR DISTURBANCES, FLOODS, EPIDEMICS, GOVERNMENTAL RULES OR REGULATIONS, WAR, RIOT, DELAYS IN TRANSPORTATION OR SHORTAGES IN RAW MATERIALS OR OTHER PRODUCTS. THIS SECTION SHALL NOT RELIEVE OR RELEASE EITHER PARTY FROM ITS OBLIGATION TO MAKE PAYMENT WHEN DUE OF ANY MONIES WHICH EITHER PARTY MAY OWE TO THE OTHER.


    ARTICLE III

    INCORPORATION/ ENTIRETY OF AGREEMENT


    This Agreement supersedes, terminates and otherwise renders null and void any and all prior written and/or oral agreements between the Reseller and KMSI with respect to the matters herein expressly set forth, except that nothing herein contained shall be construed as intended to relieve or release either party from its obligation to make payment of any monies which either party may owe to the other party. This Agreement represents and incorporates the entire understanding of the parties hereto with respect to the matters herein expressly set forth and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, nature or description whatsoever made by either party to the other, except as are herein expressly set forth. This Agreement may be modified only by a written instrument signed by the parties to this Agreement, which instrument makes specific reference to this Agreement and the changes to be made hereto.

    The Reseller hereby warrants and represents that the individual executing this Agreement is duly authorized and empowered to bind the Reseller. This Agreement is subject to acceptance by KMSI through its execution in the space provided below by an authorized representative only.

    IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the Effective Date.


    (RESELLER NAME)


    By:


    Print Name:


    Title:


    Phone:


    KMSI, INC.


    By:


    Print Name:


    Title:


    Phone:


    Completed agreements can be sent to KMSI via facsimile at (410) 859-3414 to expedite the acceptance process. Two original agreements should be mailed to:

    Knowledge Management Solutions, Inc.

    839 Elkridge Landing Road, Suite 205

    Linthicum, MD 21090


    Knowledge Management Solutions, Inc
    RESELLER AGREEMENT - Exhibit A


    To gain business advantage, organizations need to align organizational skills and business best practices with corporate goals and objectives. Companies need to measure the performance of their operations against the effectiveness of their procedures, documentation and training, with the means to take immediate corrective action.
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