270 Legal [Sample Agreements]

MEDICAL-SURGICAL DISTRIBUTION AGREEMENT

THIS MEDICAL-SURGICAL DISTRIBUTION AGREEMENT (this “Agreement”) is made and entered effective the 1st day of September, 2006 (the “Effective Date”), by and between NOVATION LLC, a Texas limited liability company (“Novation”) and Owens & Minor Distribution, Inc., a Virginia corporation (“Distributor” or “Authorized Distributor” (AD)). Novation and Distributor are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

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17. E-Commerce Business. Certain Members have chosen to utilize the services of the Marketplace@Novation™ through Novation’s authorized e-commerce provider. To assist Novation in helping Members utilize Marketplace@Novation™, Distributor shall use its reasonable efforts to contract with such e-commerce provider to provide Member purchase history, and agrees to sign, prior to issuance of any Award Letter, the Novation E-Commerce Agreement attached hereto as Exhibit V and support Novation’s programs with respect to e-commerce.

18. Information to Members. Within thirty (30) days following the Effective Date, Novation, in conjunction with the Clients, shall deliver a summary of this Agreement to each Member. Such information may be furnished, as appropriate, through the use of direct mail and/or electronic mail, contact by the Clients’ field representatives, and regional and national meetings and conferences. As appropriate, Novation, in conjunction with the Clients, will involve Distributor in these activities by inviting Distributor to participate in meetings and other activities with Members. At the request of Distributor from time to time, and in Novation’s sole discretion, Novation also shall deliver to each Member reasonable and appropriate amounts and types of materials supplied by Distributor to Novation, which relate to Distributor’s Services and the purchase of Medical-Surgical Products.

A. Marketing Services. Novation, in conjunction with the Clients, will market the distribution arrangements covered by this Agreement to the Members. Such promotional services may include, as appropriate, the use of direct mail, contact by the Client’s field service delivery team, member support services, and regional and national meetings and conferences. As appropriate, Novation, in conjunction with the Clients, may involve Distributor in these promotional activities by inviting Authorized Distributor to participate in meetings and other reasonable networking activities with Members.
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Click here for the complete Medical-Surgical Distribution Agreement