As marketing agent, Glencore has authority to market and sell Nickel, both as a principal for its own account and as agent for third parties other than NiHAO, in all markets where Nickel is imported, exported, bought and/or sold throughout the world (the "Territory") on a non-exclusive basis. In respect of each potential sale, Glencore shall advise the best prices achievable at which it intends to offer or sell Nickel.
In addition, Glencore has authority to conclude Sales Contracts on behalf of NiHAO on terms and conditions deemed commercially reasonable to Glencore, it being understood and acknowledged that such terms and conditions may be in variance to the terms of trade set forth in the Agreement. Glencore shall require prior written or verbal approval from NiHAO in concluding such diverging Sales Contracts.
For and in consideration of the services of Glencore, NiHAO shall pay a commission at the rate of Twenty Five Cents ($0.25) per wet metric tonne of the Sales Value of any Nickel sold on an Agency Basis and Twenty Five Cents ($0.25) per wet metric tonne, in case sold on a Principal Basis.
The Agreement shall take effect upon its execution by the parties and continue for a term of one (1) year, unless earlier terminated in accordance with the terms and conditions of the Agreement.
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