Business Picklist

BUSINESS PICKLIST

Parties and Recitals

This Business Picklist Agreement (the Agreement) is entered into as of Effective Date: by and between Client Name: (the Client) and Provider Name: (the Provider).

WHEREAS, the Client requires selection and procurement of goods and/or services from a predefined picklist for use in the Client’s business operations; and

WHEREAS, the Provider maintains a catalog and inventory and is willing to supply selected items under the terms set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

Picklist Items

Select items below to constitute an order under this Agreement. Selection of any item and execution by both parties constitutes authorization for Provider to procure, assign inventory, and invoice the Client for selected items.

Payment Terms

Payment Amount (per this picklist order):

Late Payment Fee: — applied to any unpaid balance 30 days past invoice.

Delivery and Billing Details

Term and Termination

Term Commencement Date:     Term End Date:

Either party may terminate this Agreement for convenience upon written notice to the other party. Notice Period: days. Termination for material breach is effective immediately upon written notice if the breaching party fails to cure within the notice period specified in this Agreement.

Confidentiality

Each party acknowledges that in performing this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public information disclosed in writing or clearly identified as confidential. The recipient shall (i) use Confidential Information only for performance under this Agreement; (ii) restrict disclosure to its employees or contractors who have a need to know and are bound by confidentiality obligations no less protective than those herein; and (iii) not disclose Confidential Information to any third party without prior written consent. Confidentiality obligations shall survive termination for a period of three (3) years, except for trade secrets which shall remain protected for as long as they meet legal standards for trade secret protection.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state identified below, without regard to its conflict of laws principles. Governing State:

Entire Agreement and Miscellaneous

This Agreement, including any picklist selections and attached schedules executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and communications. No modification is effective unless in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect.

Contacts for Performance

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