dep., 8/18/00, at 28-29.) This evidence is sufficient for a jury to find that Textile Biocides did not use its best efforts to market Reputex. Therefore, summary judgment is not appropriate on the best efforts aspect of Avecia’s contract counterclaim against Textile Biocides. Avecia alleges that Saniclean breached the exclusive supply agreement by not buying any Reputex. (Exhibit DC-3, answer, counterclaims ¶25a.) “A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.” 6 Del. Code §2-306(2). See also, Wood v. Lucy, Lady Duff-Gordon, 118 N.E. 214 (N.Y. 1917) (Cardozo, J.) (<HOLDING>). This obligation protects the seller who, in
recognizing implied covenant to market gas recognizing implied duty to produce and market recognizing implied duty to market holding that a contract for an exclusive agency to market a product contains an implied promise to use all reasonable efforts to market the product holding that the shape of a product was not an advertising idea because there was no allegation in the complaint that the design itself was a trademark or was intended to distinguish the product from others that might enter the market citation omitted