All Products. Provider agrees to participate in, and this Agreement shall apply to, all Benefit Programs under which Blue Shield compensates Provider for Covered Services pursuant to the compensation described in Section 3.1 of this Agreement, subject to Section 2.7 of this Agreement.
All Products are provided with a VisionTrack return to base warranty (the “Product Warranty”), details of which can be found on the Information Schedule.
All Products. (a) All books, records or information (including all data and other information stored on discs, tapes or other media) of Seller in existence on the date hereof and relating exclusively to any Asset Class, including, any customer lists, customer records, internally prepared production reports, manuals, promotional materials, account management materials or other development plans, documentation (in all media, including digital formats, as currently exists) created or otherwise developed by or on behalf of Seller (including by any Contributor), and all copies thereof in Seller’s possession or control and all other documents and records exclusively relating to any Asset Class, provided, however, that Seller or its Affiliates may retain one copy of any such Books and Records to the extent required for legal, regulatory, Tax or accounting purposes, and (b) a copy of all books, records or information (including all data and other information stored on discs, tapes or other media) of Seller relating to any Asset Class, including, any customer lists, customer records, internally prepared production reports, manuals, promotional materials, account management materials development plans, documentation (in all media, including digital formats, as currently exists) created or otherwise developed by or on behalf of Seller (including by any Contributor), and all other documents and records relating to any Asset Class to the extent related to or included within the Excluded Assets or Excluded Liabilities ((a) and (b) are hereinafter collectively referred to as the “Books and Records”);
All Products. (a) shall be merchantable and fit for their intended purpose;
(b) shall be produced exclusively in the breweries of CBA, its Affiliates or in other breweries approved by ABI;
(c) shall be free from defects in materials and workmanship and in compliance with applicable federal and state laws and regulations;
(d) shall be delivered free from any lawful security interest, lien or other encumbrance;
(e) shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, and shall comply with the applicable provisions of the Code of Federal Regulations; and
(f) shall be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, and Executive Order No. 11246 and of the rules, regulations and relevant orders of the Secretary of Labor, if applicable.
(a) In order to ensure the freshness quality of Product when consumed by the public, all Products shall be delivered by CBA to the designated ABI Distribution Facility, or to the Alliance Wholesalers, Affiliated Wholesalers and Non-Alliance Wholesalers: (i) for packaged Product, at least 80 days; and (ii) for draft Product, at least 32 days, prior to the time when such Product would no longer be salable to or consumable by the public, based on criteria developed by CBA and reasonably acceptable to ABI, by which CBA judges the freshness of its malt and non-malt beverage products.
(b) If ABI changes from time to time its standards with respect to the remaining shelf life as applied generally to its products sold in the United States, CBA agrees that within six months of the effective date of such change, CBA shall conform its shipment practices to the current ABI standard.
(c) To the extent any Product is shipped to a WSC, ABI may change the standards described in Section 12.08(a) to provide assurances, satisfactory in the reasonable judgment of ABI, that the Product will continue to be delivered to retailers with a remaining shelf life consistent with the standards generally used by ABI
All Products. Provider agrees to participate in, and this Agreement shall apply to, all Benefit Programs under which Health Plan compensates Provider for Covered Services pursuant to the compensation described in Section 3.1 of this Agreement, subject to Section 2.7 of this Agreement.
All Products. For all Products to be sold to Buyer under this Agreement, Seller represents and warrants that the Products and Buyer's ownership and use of such Products will not infringe upon or misappropriate the intellectual property rights of any party and no party shall have the right to seek damages from Buyer or enjoin Buyer's right to use such Products.
All Products. The Parties hereto shall cooperate with each other and provide reasonable assistance to each other to obtain a patent term extension, or its equivalent anywhere in the Territory, including under 35 U.S.C. Section 156 and its foreign counterparts, of any Trubion Patent Right, Facet Collaboration Patent Rights or Facet Product Patent Right with respect to a Product. Subject to Section 10.6(b), to the extent reasonably and legally required in order to obtain any such extension in a particular country, each Party shall make available to the other a copy of the necessary documentation to enable such other Party to use the same for the purpose of obtaining the extension in such country.
All Products. All Contracts and commission schedules are subject to change and may not be available in all states. The Insurer reserves the right to offer different commission terms for any product Contract or Contracts for the same owner having combined initial or anticipated total premium in excess of $1 million and, for Flexible Premium Fixed Annuity Contracts, on renewal premium in excess of $500,000. The Commission Schedules, as amended from time to time, are part of the Agreement. They are subject to the terms and conditions of the Agreement, including, but not limited to, the Commission Chargeback Provision. In no event shall the Insurer be liable for payment with respect to any solicitation made, in whole or in part, by any person not appropriately licensed, registered, and appointed with Insurer prior to the commencement of such solicitation. Insurer will pay all compensation due Broker/Dealer, or due any Producers of Broker/Dealer, either directly to Broker/Dealer or, as necessary to meet legal requirements, to the licensed Broker/Dealer affiliate or individual Producers. Broker/Dealer hereby warrants that all necessary contractual arrangements are in place to enable Insurer to pay Broker/Dealer, or any affiliate, for business produced by Producers of Broker/Dealer in the jurisdiction in which they hold licenses. Broker/Dealer shall pay all compensation, if any, due to any person, including Producers of Broker/Dealer, with respect to Contracts which are subject to this Agreement, and no such Producer of Broker/Dealer, or other person shall have any claim against Insurer on account of the sale or service of any such Contracts. Insurer shall have no obligation to make compensation payments except as provided herein.
All Products. The Parties hereto shall cooperate with each other and provide reasonable assistance to each other to obtain a patent term extension, or its equivalent anywhere in the Territory, including under 35 U.S.C. Section 156 and its foreign counterparts, of any Trubion Patent Right, Facet Collaboration Patent Rights or Facet Product Patent Right with respect to a Product. Subject to Section 10.6(b), to the extent reasonably and legally required in order to obtain any such extension in a particular country, each Party shall make available to the other a copy of the necessary documentation to enable such other Party to use the same for the purpose of obtaining the extension in such country. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
All Products. You may use the Products only for your own in internal business purposes. • The Customer name on your Order must match exactly your Content Manager licence name. • Software may be loaded / installed on up to 5 Devices per Xxxxxx User licence. The Software may then be run by the Customer from that one Device for use by a single User at a time. • The Customer may make copies of the Licensed Materials for backup purposes only, and the Customer must keep possession of them at all times, and they must be clearly marked as copyright material of Xxxxxx. You may not: • use the Products for any unlawful activity, or to infringe the rights of others; • share the Software on any computer network including a local area network (LAN), Intranet or Internet; • distribute copies of Licensed Materials; • attempt to rewrite, decompile, disassemble or reverse-engineer any of the Software or Software Copies; • (without our prior written consent): o reproduce, transfer, transcribe or translate into any language the Documentation; o conduct any benchmark tests related to data access or data manipulation using Software; • attempt to use the Software for a purpose that is not permitted by the Documentation.
