Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client or SBL to be Non-Conforming Product, at the option of Client, SBL shall use Commercially Reasonable Efforts to promptly re-Manufacture and deliver to Client the quantity of the Product equivalent to the quantity of Non-Conforming Product as soon as possible and on a date to be mutually agreed by the Parties, but no later [***] (as defined in the applicable PSA) for such Product, and such replacement Batch shall be invoiced and paid for as if it were the original Non-Conforming Product. If SBL does not confirm that such Product is Non-Conforming Product, the Parties shall refer to an independent and mutually agreed-on laboratory or firm with international repute to test the disputed Product. The costs of the independent laboratory will be shared by the Parties equally; provided, however, that to the extent either Party is determined to be incorrect as to whether a Product is a Non-Conforming Product, such Party will be responsible of the reasonable costs incurred for the independent laboratory’s test and must reimburse the other Party for its share of the reasonable costs incurred with respect to the independent laboratory’s test. The decision of the independent laboratory must be in writing and will be binding on the Parties. Section 5.9.2(a) (i) and (ii) shall apply to such replaced Product mutatis mutandis. Responsibility for the costs of such Non-Conforming Product shall be allocated between the Parties as if such Non-Conforming Product is a Batch Failure and Section 5.8.2 – 5.8.4 shall apply to such Non-Conforming Product mutatis mutandis. The remedies contained in this Section 5.9.2 shall be the sole and exclusive remedy of Client in the event of Non-Conforming Product.
Non-Conforming. Tender Materials or services supplied under this contract shall fully comply with the contract. The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials or services the Area Agency may terminate the contract for default under applicable termination clauses in the contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it.
Non-Conforming. Tender means a Tender that does not strictly comply with the Tender Criteria and includes an Alternative Tender.
Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, such non-conformity shall be treated as a Batch Failure, and the remedy set forth in Section 5.8 above shall apply to the Non-Conforming Product mutatis mutandis. The remedies contained in this Section 5.9.2 shall be the sole and exclusive remedy of client in the event of Non-Conforming Product.
Non-Conforming. Any Attachment, Overlashing or Facility of Municipality that does not comply with the requirements of Section 6.1 (Technical Standards) and any Overlashing that does not meet the requirements of Section 5.1 (Overlashing) will be deemed “non-conforming.” Subject to the good faith dispute provision in Section 12.3, Municipality must correct any non-conforming condition within thirty (30) days of the date of notice from Frontier via ENS. Municipality must perform correction itself or designate an Other Licensees or agent designated by Municipality to perform the correction, but any such designation must not relieve Municipality of its obligations under this Section 6.5.1.
Non-Conforming. 34.65 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ----------------------------------------------- Arm Index Percent ----------------------------------------------- 6 MONTH LIBOR 100.00 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ----------------------------------------------- Margins Percent ----------------------------------------------- <=1.000 0.06 1.001 - 1.500 0.09 2.501 - 3.000 0.07 3.001 - 3.500 0.04 3.501 - 4.000 0.19 4.001 - 4.500 0.23 4.501 - 5.000 0.16 5.001 - 5.500 42.66 5.501 - 6.000 56.09 6.001 - 6.500 0.03 6.501 - 7.000 0.39 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ----------------------------------------------- First Adjustment Cap Percent ----------------------------------------------- 1.500 100.00 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ----------------------------------------------- Periodic Cap Percent ----------------------------------------------- 1.500 100.00 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ----------------------------------------------- Max Rate Percent ----------------------------------------------- 11.001 - 11.500 0.07 11.501 - 12.000 1.44 12.001 - 12.500 3.43 12.501 - 13.000 6.28 13.001 - 13.500 33.84 13.501 - 14.000 32.90 14.001 - 14.500 12.33 14.501 - 15.000 7.06 15.001 >= 2.64 ----------------------------------------------- Total: 100.00 ----------------------------------------------- GSA_04_09 Goldman Sachs ================================================================================ ----------------------------------------------- Floor Rate Percent ----------------------------------------------- <=1.000 0.06 1.001 - 1.500 0.09 2.501 - 3.000 0.07 3.001 - 3.500 0.04 3.501 - 4.000 0.19 4.001 - 4.500 0.23 4.501 - 5.000 0.16 5.001 - 5.500 42.66 5.501 - 6.000 56.09 6.001 - 6.500 0.03 6.501 - 7.000 0.39 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ----------------------------------------------- Number of Units Percent ----------------------------------------------- 1 93.48 2 5.65 3 0.35 4 0.52 ----------------------------------------------- Total: 100.00 ----------------------------------------------- ---------------------...
Non-Conforming. Client Materials or Latent Defect in Components. If Product does not meet Product Requirements and cannot be released by Catalent, or Product is rejected by Client, and such Product’s failure to meet the Product Requirements is the result of nonconforming Client Materials or a latent defect in a Component that was not discoverable by the exercise of ordinary diligence and reasonable care, then such non-conformity shall not be deemed the result of the negligence or willful misconduct of Catalent.
Non-Conforming. If, during the Acceptance Procedure, any Product is reasonably determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, or such non-conformity is confirmed pursuant to Section 4.11.2, such non-conformity shall be treated as a Batch Failure, and the remedy set forth in Section 4.11 above shall apply to the Non-Conforming Product mutatis mutandis. Notwithstanding anything to the contrary, Client agrees to [* * *]. The remedies contained in this Section 4.12.2 shall be [* * *]; provided, however, the foregoing shall not [* * *].
Non-Conforming. Clean Coal - Clean Coal that does not meet or improve upon the Quality Specifications. Operational Date - The first day of the calendar month immediately following the day that the Pond Fines Recovery Facility is (i) fully staffed and equipped to conduct BP’s intended operations at that Facility and (ii) able to operationally produce 20,000 tons of Conforming Clean Coal during a calendar month. Operations Plan - A written submittal from BP to PMC describing anticipated operational events for the initial Term of this Agreement. It shall include (i) a timetable in the form of a Xxxxx Chart for the completion of the construction of all facilities contemplated by this Agreement, and plant start-up and commissioning, (ii) production and quality forecasts, and (iii) xxxxxxx chart, and (iv) other material matters relevant to the conduct of Pond Recovery Operations. Parties - PMC and BP Penalties - Price reductions to the Standard Compensation Rate based upon Clean Coal deliveries from BP to PMC that do not meet the quality specifications set out in Section 13.2 of this Agreement. PMC’s Thickener Underflow - Waste material resulting from the operation of Pinnacle Preparation Plant that is pumped and deposited in the Xxxxx Branch Refuse Impoundment, or delivered directly to the Pond Fines Recovery Facility.
Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, such non-conformity shall be treated as a Batch Failure, and the remedy set forth in Section 4.11 above shall apply to the Non-Conforming Product mutatis mutandis. Notwithstanding anything to the contrary, Client agrees to waive any and all rights to reject the Product after delivery in the event the Product has been altered, changed, or modified in any way for conjugation or otherwise. The remedies contained in this Section 4.12.2 shall be the sole and exclusive remedy of client in the event of Non-Conforming Product.
