Appointment of Manufacturer Sample Clauses

Appointment of Manufacturer. (a) Subject to the other provisions of this Agreement, with respect to all Accepted P.O.'s (and only so long as such P.O. remains an Accepted P.O.) Contractor hereby appoints the Manufacturer as Contractor's exclusive source for acceptance of Materials at the Premises, performance of all manufacturing, processing and warehousing requirements with respect to the conversion of Materials into Products, and the delivery of Products to Customers, and the Manufacturer hereby accepts such appointment. Manufacturer agrees to perform all of its obligations pursuant to this paragraph 4 in a good and workmanlike manner, to utilize quality control procedures consistent with the standards of Manufacturer and the industry, and to otherwise comply with each of the Manufacturer's Specifications. (b) So long as any Materials or Products are located at the Premises or are scheduled for delivery to the Premises, Manufacturer agrees to warehouse all Materials and Products and, with respect to such warehousing obligations, Manufacturer agrees to perform in accordance with all of the Manufacturer's Specifications. (c) Manufacturer further agrees that with respect to Materials purchased by Contractor pursuant to (and in accordance with) a Certificate which are not (or cannot be) used in connection with the applicable Accepted P.O., upon Contractor's written notice: (i) Manufacturer shall purchase such Materials from Contractor within three (3) days following Contractor's notice for a purchase price equal to Contractor's costs for the Materials; or (ii) If Manufacturer fails to make such purchase of Materials, such Materials shall be sold by Contractor and the proceeds thereof applied first to Contractor's costs for the Materials, and the balance, if any, to Manufacturer.
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Appointment of Manufacturer. 2.1. In consideration of the Manufacture of the Product by Skye or by its Third Party Manufacturer, Mundipharma shall obtain supplies of the Finished Product only from Skye during the period of [**] ([**]) years from the date of this Agreement. Thereafter, Mundipharma shall obtain at least [**]% of its requirements for Finished Product from Skye. 2.2. Mundipharma shall pay to Skye for Product supplied ex works (as defined in Incoterms 2000) Lyon: 2.2.1. the Product Price; and 2.2.2. in the event that [**]% of the Net Sales in a Quarter is greater than the number of Vials sold (less rejected, returned or recalled Vials other than those rejected, returned or recalled in connection with the expiry of the shelf life of the Vials) in that Quarter multiplied by the Product Price in that Quarter, Mundipharma shall pay the difference to Skye within [**] days of the end of the Quarter. 2.3. From the date of this Agreement, Skye shall Manufacture or have Manufactured by a Third Party Manufacturer and sell to Mundipharma, and Mundipharma or its designee shall purchase such quantities of the Product as are ordered by Mundipharma, in accordance with the terms hereof. Skye shall give Mundipharma reasonable notice of any proposal to appoint a Third Party Manufacturer and shall satisfy all legal and regulatory requirements relating to any variation of the Marketing Authorisation or any other regulatory approval relating to such appointment at its own cost and shall procure reasonable inspection and audit rights for Mundipharma in respect of the Third Party Manufacturer’s site.
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Appointment of Manufacturer. During the term of this Agreement, Sorrento shall manufacture the Product pursuant to specifications set forth in Section 2 below (the "Specifications") and use its commercially reasonable efforts to meet all of Harbrew's United States supply requirements for the Product, as well as all International markets at Harbrew's direction.
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Appointment of Manufacturer. Subject to and in accordance with the terms and conditions of this Agreement, Styling hereby selects Amole as its exclusive manufacturer to manufacture and package all of Styling's requirements of Products for Styling for its Body Drench Division as listed on Exhibit A, subject to future modification under Section 3(b) herein.
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Appointment of Manufacturer. Hisense agrees to act as the supplier of all Product ordered by ForeFront from Hisense hereafter. For the purposes of this Agreement, the term “Product” or “Products” shall mean all set top boxes (“STBs”) produced historically by Hisense and any new STBs or STB modules designed by either ForeFront or Hisense hereafter.
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Appointment of Manufacturer. 2.1 With effect from the Effective Date and for the duration of the Term: (A) the Supplier shall (and shall procure that its Affiliates will) Manufacture the Products for Prestige and/or its Affiliates as ordered hereunder; and (B) Prestige shall purchase the same from the Supplier, subject to and in accordance with the terms and conditions of this Agreement (including for the avoidance of doubt, the Quality Agreement) and Applicable Laws. 2.2 The Supplier’s and its Affiliates’ appointment under this Agreement is on [***], Prestige agrees that it will purchase from the Supplier (or its Affiliates) [***] of such Product for such market(s) [***] from such Manufacturing Site, subject always to: (A) [***]; (B) such Manufacturing Site in all other respects being able to Manufacture [***]; and (C) the Agreement not having been terminated in accordance with its terms in with respect to the Product. For the avoidance of doubt the Parties agree and acknowledge that notwithstanding the foregoing: (i) Prestige is not obligated to buy or procure that its Affiliates will buy any minimum or specific amount of any or all of the Products under this Agreement; and (ii) Prestige shall be obligated to purchase or procure the purchase by its Affiliates of only those quantities for which it has submitted a Firm Order. 2.3 In the event that Prestige (or its Affiliates) chooses to introduce any new SKU to replace an existing Product under the same Trade Xxxx (“New Product SKU”), Prestige shall (or shall procure that its Affiliates will, as the case may be) provide to the Supplier (or its Affiliates) the opportunity to quote to supply such New Product SKU. The Supplier agrees to consider in good faith and use commercially reasonable endeavours to accommodate any requests from Prestige to add such New Product SKUs to the scope of this Agreement and that the basis used for establishing the Price for such New Product SKUs shall be consistent with that used to establish the Price for the existing Products unless the Supplier can offer a lower price. Any agreement to add any New Product SKUs to this Agreement shall be required to be confirmed in writing. 2.4 The Parties will negotiate in good faith and use all commercially reasonable endeavours to agree and enter into the Final Form Quality Agreement within 10 Business Days of this Agreement. 2.5 The Parties hereby agree and acknowledge that pending execution of the Final Form Quality Agreement, the Parties will operate in accordance ...
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Appointment of Manufacturer. Zebra hereby appoints Manufacturer, and Manufacturer hereby accepts, the non-exclusive appointment to manufacture the Products for purchase by Zebra, at such times and from time to time as Zebra, in its sole discretion, may request by issuance of a binding forecast per Section 4.1.
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Appointment of Manufacturer. XM hereby appoints Manufacturer to promote subscriptions (“Subscriptions”) for the XM Programming Packages identified in Section 2 below, which may be changed from time to time by XM and not any other programming packages or services XM may offer. Manufacturer may promote Subscriptions only from residents and businesses of the continental United States. Manufacturer hereby accepts such appointment and shall use its best commercial efforts to promote XM Subscriptions and to promote and enhance XM’s business, reputation and goodwill.
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Appointment of Manufacturer 
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Related to Appointment of Manufacturer

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • Appointment of Managers With effect from the day and year stated in Box 4 and continuing unless and until terminated as provided herein, the Owners hereby appoint the Managers and the Managers hereby agree to act as the Managers of the Vessel.

  • Replacement of Manager If at any time after any Action is brought the Manager settles the Action on a basis that results in the settlement of such Action against it and fewer than all the Underwriters (whether or not such settlement complies with Section 9.7 hereof), the Manager will, at such time, for purposes of Sections 9.3, 9.4, 9.5, 9.6, and 9.7 hereof, cease to be the Manager. The non-settling Underwriters will, by vote of holders of a majority of the Underwriting Percentage of such non-settling Underwriters, select a new Manager, which will become the new “Manager” for all purposes of Sections 9.3, 9.4., 9.5, 9.6, and 9.7 hereof as well as this section; provided that the non-settling Underwriter(s) with the largest Underwriting Percentage will act as Manager until such vote occurs and a new Manager is selected. 4 Notwithstanding such a settlement, the Manager and the other settling Underwriters will remain obligated to the non-settling Underwriters to assist and cooperate fully, in good faith, and at their own expense, in the defense of any Actions, including, without limitation, by providing, upon reasonable request of any non-settling Underwriter, and without the necessity of court process, access to or copies of all relevant records, and reasonable access to all witnesses under control of the Manager or the other settling Underwriters, for the purpose of interviews, depositions, and testimony at trial, subject in each case to the applicable legal and procedural obligations of such Manager and such other settling Underwriter. In addition, if at any time, the Manager is unwilling or unable for any reason to assume or discharge its duties as Manager under the applicable AAU, whether resulting from its insolvency (voluntary or involuntary), resignation or otherwise, to the extent permitted by applicable law, the remaining Underwriters will, by vote of holders of a majority of the Underwriting Percentage of such Underwriters, be entitled to select a new Manager, which will become the new Manager for all purposes under this Agreement. 5 Notwithstanding the foregoing, a Manager replaced pursuant to this Section 9.9 shall continue to benefit from and be subject to all other terms and conditions of this Agreement applicable to an Underwriter.

  • Appointment of the Distributor (a) Each Fund hereby appoints the Distributor as the principal underwriter and distributor of the Fund to sell Shares to the public on the terms set forth in this Agreement and that Fund's prospectus and the Distributor hereby accepts such appointment and agrees to act hereunder. Each Fund, during the term of this Agreement, shall sell Shares to the Distributor upon the terms and conditions set forth herein. (b) The Distributor agrees to purchase Shares, as principal for its own account, from each Fund and to sell Shares as principal to investors, and securities dealers, including Xxxx Xxxxxx Xxxxxxxx Inc. ("DWR"), an affiliate of the Distributor, upon the terms described herein and in that Fund's prospectus (the "Prospectus") and statement of additional information included in the Fund's registration statement (the "Registration Statement") most recently filed from time to time with the Securities and Exchange Commission (the "SEC") and effective under the Securities Act of 1933, as amended (the "1933 Act"), and the 1940 Act or as the Prospectus may be otherwise amended or supplemented and filed with the SEC pursuant to Rule 497 under the 1933 Act.

  • Removal of Manager Upon an Event of Default (and so long as the Private Owner is then the Manager), the Initial Member may remove the Private Owner as the Manager and appoint a successor Manager in the sole discretion of the Initial Member in accordance with Section 12.4, whereupon such successor Manager shall immediately succeed to all, or such portion as the Initial Member and successor Manager agree, of the rights, powers, duties and obligations of the “Manager” hereunder, and the predecessor Manager shall promptly take such actions as may be reasonably requested by the Initial Member to facilitate the transition to such successor Manager.

  • Medical Appointments Medical appointments may be charged to sick leave. The employee must notify the supervisor of a medical appointment at least twenty-four (24) hours in advance except in case of emergency.

  • Medical/Dental Appointments (a) Where medical and/or dental appointments cannot be scheduled outside the employee's working hours, sick leave with pay will be granted in accordance with Clause 19.1(c) (Sick Leave Credits). (b) Where an employee's qualified medical practitioner refers the employee to a Specialist, then any necessary travel time, to a maximum of one working day, for the employee to visit such Specialist, will be granted in accordance with Clause 19.1(c) (Sick Leave Credits).

  • Appointment of Sub-processors Client acknowledges and agrees that (a) Data Processor’s Affiliates may be used as Sub-processors; and (b) Data Processor and/or Data Processor’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services.

  • Removal of Managers Unless otherwise restricted by law, any Manager or the entire Board may be removed or expelled, with or without cause, at any time by the Member, and any vacancy caused by any such removal or expulsion may be filled by action of the Member.

  • Restrictions on chartering, appointment of managers etc The Borrower shall procure that no Owner shall: (a) let the Ship owned by it on demise charter for any period; (b) other than the relevant Initial Charterparty or Future Charterparty, enter into any time or consecutive voyage charter in respect of the Ship owned by it for a term which exceeds, or which by virtue of any optional extensions may exceed, 11 months; (c) change the terms on which the Ship owned by it is employed or the identity of the person by whom that Ship is employed; (d) enter into any charter in relation to the Ship owned by it under which more than 2 months’ hire (or the equivalent) is payable in advance; (e) charter the Ship owned by it otherwise than on bona fide arm’s length terms at the time when the Ship is fixed; (f) appoint a manager of the Ship owned by it other than an Approved Manager or agree to any alteration to the terms of an Approved Manager’s appointment; (g) de-activate or lay up the Ship owned by it; or (h) put the Ship owned by it into the possession of any person for the purpose of work being done upon her in an amount exceeding or likely to exceed $250,000 (or the equivalent in any other currency) unless that person has first given to the Security Trustee and in terms satisfactory to it a written undertaking not to exercise any lien on the Ship or her Earnings for the cost of such work or otherwise.

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