Affected Products Sample Clauses

Affected Products. The foregoing provisions apply to all contracts, certificates, riders, and/or endorsements forming part of the Certificate. [SCHEDULE OF CHANGE IN PREMIUM RATES Level Premium Changes in Premium Rates at End of Rating Period. The total amount of premium payments made during a rating period using the premium rate the Plan has quoted to Group will be referred to as the Fixed Premium Payments ("FPP"). At the end of the initial rating period and each subsequent rating period, the FPP will be compared against the premium rates that actually prevailed during the rating period, as they were approved by the Superintendent of Insurance. The total amount of premium payments that would have been made during the rating period, if the prevailing rates had been in effect, will be referred to as the Prevailing Premium Payments ("PPP"). The difference between the FPP and the PPP will be referred to as the Rate Variance. The amount of the Rate Variance (expressed as a dollar amount) will be applied to increase or decrease the premium rate quoted by the Plan for the following rating period. However, in the event that the Agreement is terminated, the Rate Variance with respect to the Agreement shall be paid (by the Plan in the event that the FPP exceeds the PPP, or by Group in the event that the PPP exceeds the FPP) in cash upon demand or by offsetting the amount against other monies due. The cash shall be paid by the Plan in the event that the FPP exceeds the PPP (a positive balance), or paid by Group in the event that the PPP exceeds the FPP (a negative balance). The foregoing provisions apply to all contracts, certificates, riders, and/or endorsements forming part of the Certificate.] [AGENT/ BROKER ADDENDUM Group has appointed to act as agent/broker of record in connection with the Certificate (as defined in the Agreement). must elect one form of payment only with respect to its services: Commission from the Plan under agent/broker agreement; or Compensation from Group for remitting agent services Dated: GROUP: By: Title: ]
Sample 1Sample 2
AutoNDA by SimpleDocs
Affected Products. The terms and conditions in this Subsection (A) apply solely with respect to the sale of Affected Products that are shipped on or after July 2, 2018. For purposes of this Agreement, an “Affected Product” is any Seller product other than a product for which the letter “J” is the first letter in Seller’s part number for the product (a) that is imported from China for delivery into the United States and (b) for which a tariff is imposed by the Office of the United States Trade Representative (USTR) pursuant to Section 301 of the Trade Act of 1974 as a result of that product’s inclusion on the list of tariffed products announced by the USTR on June 15, 2018, whether as part of the first set of tariff lines for which United States customs will begin to collect additional duties starting July 6, 2018 or as part of the second set of tariff lines once finalized by the USTR. Unless otherwise agreed to in writing by Seller, Affected Products shall be shipped DDP Buyer’s designated location (Incoterms 2010) (subject to compliance with Section 15) less freight and shall be deemed delivered to Buyer when delivered to Buyer’s designated location. Seller will select the transportation company to ship Affected Products and will be responsible for clearing such Affected Products through customs in the United States and paying the tariffs described in the preceding paragraph. Upon delivery of Affected Products, Buyer must notify Seller to confirm receipt. Buyer must promptly report to Seller any visible transit damage to the shipment. If visible transit damage is not promptly reported, Buyer will bear the burden of proving that the damage occurred in transit. Unless otherwise agreed to in writing by Seller, Xxxxx will be responsible for applicable freight charges on Affected Products, which will be determined based on shipment weight in accordance with Seller’s then-current shipping cost chart for Affected Products and added to the invoice. Subject to the security interest reserved to Seller in Subsection (C) below, title and risk of loss and/or damage to Affected Products shall pass to Buyer upon delivery to Buyer’s designated location.
Sample 1Sample 2
Affected Products. The foregoing provisions apply to all contracts, certificates, riders, and/or endorsements forming part of the Certificate.
Sample 1
Affected Products. A new Section 1.31 consisting of the following shall be added to the Original Agreement:
Sample 1
Affected Products. In the event that Supplier supplies any Non‑conforming Products to Insulet (including those in transit), and those Products have been resold by Insulet or incorporated into finished Insulet products or WIP (the “Affected Products”), and to the extent the Affected Products are as a result of a breach of the Product Warranty (excluding the [*] ([*]) month Product Warranty Period which is replaced by the [*] ([*]) month period in this paragraph), within [*] ([*]) months from their respective dates of Insulet Materials Supplier Agreement 15 * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. EXHIBIT 10.1 delivery from Supplier for said Affected Products: (i) Supplier shall [*], (ii) Supplier shall [*], and (iii) Supplier shall [*] subject to the cap on liability in Section 19(d). Within [*] ([*]) manufacturing days after Supplier receives notification of a proposed warranty return by Insulet, Supplier shall issue a RMA number to Insulet to facilitate return of the products (issuance of the RMA number is procedural only and is not an admission that the Product has a covered defect or non‑conformity). If the RMA number is not received in that time, Insulet may return the Product to Supplier without a RMA number, consistent with Section 11 above. Insulet shall ensure all Products returned to Supplier for investigation or other services are decontaminated and free of bio-hazardous material prior to shipment to Supplier, and that all mutually agreed documentation and/or certification of such decontamination accompanies the Products returned. Supplier agrees to provide a root cause analysis and corrective action for all warranty claims. Supplier further represents and warrants that (x) Supplier has the know-how and expertise to provide Insulet, and/or any of Insulet’s affiliates, with the services necessary and required to deliver the Products supplied pursuant to this Agreement, and (y) Supplier will perform the services required hereunder in a professional and efficient manner, using due care, skill, diligence and at a level equivalent to industry standards and practices. EXCEPT AS PROVIDED IN THIS SECTION 17, SUPPLIER MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS, AUTOMATION EQUIPMENT OR ITS SERVICES HEREUNDER, EXPRES...
Sample 1

Related to Affected Products

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Combination Product The term “

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!