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<br />Corporate PrcrdtasirrQ A~reemerrt Con~derrtial paa,~e 4
<br />including reasonable attorneys' fees and other
<br />expenses.
<br />1.16 lndernnified Party. Supplier or
<br />Buyer or their respective subsidiaries, Affiliates,
<br />directors, officers, employees and agents.
<br />1.17 Indemnif~~ Party. Supplier or
<br />Buyer.
<br />1.18 Initial Term. The Effective
<br />Date through the Expiration Date.
<br />1.19 Marks. The trade names, logos,
<br />trademarks, trade devices, trade dress, service
<br />marks, symbols, abbreviations or registered
<br />marks, or contractions or simulations thereof, or
<br />any other indicia of ownership of a Party.
<br />1.20 Net Sales. The gross sales price
<br />of the Product, less shipping costs (including
<br />freight charges and insurance), taxes, duties, any
<br />rebates actually paid, discounts and allowances
<br />actually taken, rejections and returns to the
<br />extent credit is given or paid.
<br />1.21 Non-Core Items. The balance
<br />of the items that Buyer purchases from Supplier,
<br />which are neither Core Items, Premium Products
<br />nor Proprietary Products.
<br />1.22 Notice. Any notice, consent,
<br />demand or other communication required or
<br />permitted to be given or made hereunder by a
<br />Party.
<br />1.23 Party. Supplier or Buyer
<br />1.24 Personal Information. All
<br />personal, individually-identifiable information in
<br />the Disclosing Party's possession, with respect
<br />to which the Disclosing Party has made certain
<br />commitments regarding data privacy,
<br />confidentiality, and security that the Receiving
<br />Party may receive or have access to pursuant to
<br />the terms of this Agreement.
<br />1.25 Premium Products. T'he paper,
<br />paper related items, petroleum based products,
<br />steel based products, facilities products, custom
<br />products, break room supplies, toner, ink and
<br />computer supplies that Buyer purchases from
<br />Supplier at the prices set forth in Exhibit A, as
<br />amended from time to time and attached hereto
<br />("Product Price List").
<br />1.26 Products. Al] Core Items, Non-
<br />Core Items, Premium Products and Proprietary
<br />Products that Buyer purchases from Supplier.
<br />1.27 Program Information. All
<br />Supplier's Marks, Personal Information and
<br />Proprietary Information, including, without
<br />limitation, pricing and data entered into its
<br />public and non-public e-commerce websites or a
<br />similar electronic procurement system.
<br />1.28 Proprietary Information.
<br />Proprietary Information shall mean this
<br />Agreement and all information or data furnished
<br />by the Disclosing Party to the Receiving Party,
<br />which the Receiving Party should reasonably
<br />understand to be considered confidential and
<br />proprietary information by the Disclosing Party
<br />including, but not limited to, all information
<br />regarding Customers, clients, employees and
<br />suppliers, pricing information and models,
<br />Products and Services information, financial or
<br />operational data, business plans, strategies,
<br />models or forecasts, internal performance results
<br />and other documentation relating to the
<br />Disclosing Party's business activities.
<br />1.29 Proprietary Products. Certain
<br />products and certain printed business forms,
<br />letterhead, promotional products, and other
<br />products where Buyer identification or use
<br />renders the product proprietary to Buyer and not
<br />suitable for sale to any other customer of
<br />Supplier.
<br />1.30 Purchase Order. Purchase order
<br />or other written instrument executed, or
<br />electronic transmissions originated by, an
<br />authorized Representative of Buyer indicating
<br />which Products and/or Services Buyer will
<br />purchase from Supplier.
<br />Attachment number 5
<br />F-7 Page 221 of 433
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