2000_1120_packet - Laserfiche WebLink

Home

listed in the then current Schedule "A", WaveRider Product List, prevailing at the time WaveRider accepts an order from WSP. WSP shall acquire Products based on the list price in effect when WSP's order is accepted, less the applicable discount set forth in WaveRider's Price List. 3.2 WaveRider shall ha�e the right from time to time during the term hereof, to change the list prices and discounts on WaveRider's Price List, subject to providing WSP at least thirty (30) days advance written notice. All orders for Products accepted by WaveRider prior to the expiration of the thirty (30) day notice period shall be subject to the applicable Schedule "A" in effect at the time of WaveRider's acceptance of the purchase order. 3.3 WaveRider shall not utilize the provisions of this paragraph to affect WSP's termination of this Agreement by unreasonably raising the prices of such Products. 3.4 WaveRider reserves the right at any time to make changes to any Products whenever such changes are (i) required for safety, (ii) to facilitate performance in accordance with specifications, ar(iii) changes or modifications which represent non-substantial substitutions or modifications not affecting performance in accordance with applicable Product performance specifications. 3.5 Prices are exclusive of all applicable taxes. When purchasing Products, WSP shall pay all taxes and duties associated with the sale, licensing and delivery of all Products hereunder, exclusive of taxes based on WaveRider's income. Any tax WaveRider may be required to collect or pay upon the sale or delivery of the Products shall be paid by the WSP and such sums shall be due and payable to WaveRider upon delivery. If claiming taY exemption, WSP must provide WaveRider with valid taY exemption certificates priar to the shipment of Product. 4. WIRELESS SERVICE PROVIDER OBLIGATIONS 4.1 Without limiting WSP's obligations hereunder, WSP agrees that it shall, consistent with its other governmental programs and services, use its best efforts to diligently and continuously create and increase a demand for WaveRider Products. 42 WSP's marketing policies and procedures shall at all times meet the reasonable standards of WaveRider. In this regard and to determine compliance generally by WSP with its obligations under this Agreement, WaveRider's representatives shall have the right to periodically audit WSP's performance. Such audits may include visits by WaveRider representatives to WSP's location(s). All such audits shall be at no cost to WSP and shall include advice on methods and means best suited to promoting sales hereunder. WSP agrees to assist in such audits and to evaluate and implement methods and procedures mutually agreed upon. 4.3 Except for FCC approval and licensing, compliance with laws and regulations related to the sale, installation and use of WaveRider products in the territory is the responsibility of the WSP. Sales and installation of WaveRider Products in the United States are subject to many licensing requirements for the use of radio frequency devices. While the Products are approved by the FCC for use in the United States, permits, licensing and approvals by any appropriate 9oiis 2