Each supplier and distributor acknowledges that a violation of Article 3 or 7 would cause immediate and irreparable harm for which pecuniary damage would be insufficient. Therefore, the injured party is entitled to an injunction for the breach by the other party of any of its obligations under these articles without proof of actual damage and without the deposit of a deposit or other security. This remedy will not be considered an exclusive remedy for such breach, but in addition to any other remedy available at law or in equity. (a) Appointment. Subject to the terms of this Agreement, including but not limited to the Terms and Conditions of Sale, Supplier hereby designates Distributor as its exclusive distributor of the Products in the Territory, and Distributor hereby accepts such appointment. The Dealer undertakes not to distribute the Products through negotiators without the prior written consent of the Supplier. Although distribution agreements are typically vertical (i.e. between companies at different levels of the supply chain), they can affect competition between brands and between suppliers. Sometimes a trader can make significant investments in building and developing a market for a particular product.
To justify this investment, the trader can apply for protection against competition from other dealers or even from the supplier himself. These exclusive distribution agreements may benefit from EU and UK competition rules and may be prohibited if they offer absolute protection in a territory (e.B part of the UK or a specific country). Another consideration in the EU context is that agreements that isolate national markets and try to maintain different prices in different Member States may also take into account EU competition rules. This Agreement and the attached Annex (expressly incorporated herein by this reference) contain the complete and complete agreement between the parties with respect to the subject matter of this Agreement. It replaces all previous negotiations, declarations and proposals, written or other, written or other, relating to its subject matter. Any modification, revision or addition to this Agreement must be set forth in writing, signed by authorized representatives of both parties. .