Buyer Products Sample Clauses

Buyer Products. (a) Since January 1, 1991, there have been no written notices, citations, or decisions by any governmental authority that any product produced, manufactured, or marketed at any time by Buyer or its Subsidiaries (collectively, the "BUYER PRODUCTS") is defective or fails to meet any applicable standards promulgated by such governmental authority. Except as would not reasonably be expected to have, individually or in the aggregate, a Buyer Material Adverse Effect, Buyer and its Subsidiaries are in compliance with the laws, regulations, policies, procedures, and specifications applicable to them with respect to the design, manufacture, labeling, testing, and inspection of the Buyer Products in the United States and the operation of manufacturing facilities in the United States promulgated by the FDA or any other governmental authority that has jurisdiction over the design, manufacture, labeling, testing, and inspection of the Buyer Products and the operation of manufacturing facilities in the United States, and have complied with the laws, regulations, policies, procedures, and specifications applicable to Buyer and its Subsidiaries in any jurisdiction outside the United States with respect to the design, manufacture, labeling, testing, and inspection of the Buyer Products and the operation of manufacturing facilities outside of the United States. Since January 1, 1991, there have been no recalls, field notifications, or seizures ordered or, to the knowledge of Buyer, threatened by any governmental authority with respect to any of the Buyer Products, and Buyer has not independently engaged in such recalls or field notifications. Buyer has not received any warning letter or Section 305 notice from the FDA. (b) Buyer or one of its Subsidiaries has obtained, in all countries where Buyer or any of its Subsidiaries is marketing or has marketed the Buyer Products, all applicable permits, licenses, orders, authorizations, notifications and approvals required to be obtained by it by governmental authorities (including the FDA) in such countries regulating the safety, effectiveness, and market clearance of the Buyer Products that are currently marketed by Buyer or its Subsidiaries, except where the failure to obtain such permits, licenses, orders, authorizations, notifications or approvals would not, individually or in the aggregate, reasonably be expected to have a Buyer Material Adverse Effect. The Buyer Disclosure Schedule sets forth a list of all of Buyer's and its...
Sample 1Sample 2
AutoNDA by SimpleDocs
Buyer Products. 37 Section 4.19 Anti-Fraud Statutes.........................................38 Section 4.20 Opinion of Financial Adviser................................38 Section 4.21
Sample 1Sample 2
Buyer Products. 4.18(a) Buyer Proprietary Rights..................................................
Sample 1Sample 2
Buyer Products. For existing products published by WCFC, but owned by Buyers (i.e. "The Secret Millionaire"), Buyers shall pay WCFC an additional amount consisting of an aggregate of: (i) WCFC's costs in publishing such products; (ii) an additional twenty five percent (25%); and (iii) shipping costs. The parties may agree by separate written amendment to reduce this amount to 50% of WCFC's costs in publishing such products if Buyers can demonstrate to WCFC's satisfaction that said products are being sold for a nominal amount or provided free of charge to customers pursuant to promotional activities of Buyers which result in royalties to Sellers.
Sample 1
Buyer Products. As of the Effective Date, Impress shall supply to Buyer, and Buyer shall purchase from Impress, all those Products, as defined in the Supply Agreement, that relate to, or are used in, the Business (the “Buyer Products”) pursuant to the terms of the Supply Agreement. A list of current Buyer Products for the Business is set forth on Exhibit B which includes (a) the current invoice price, (b) the amounts to be used in calculating the Annual Net Adjusting Payment described below, (c) the Profit Bank, and (d) the annual Baseline Volume.
Sample 1
Buyer Products. Buyer has disclosed to counsel for the Companies any pharmaceutical product under development, pending or approved, manufactured, marketed, distributed, sold, licensed or introduced into commerce by Buyer or any of its controlled Affiliates, in each case, as of October 6, 2014.
Sample 1

Related to Buyer Products

  • Other Products If you ask, we will provide you with information on any other home equity products we offer.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

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

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

  • 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.

  • Borrower Products Except as described on Schedule 5.11, no Intellectual Property owned by Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of Borrower, threatened litigation, proceeding (including any proceeding in the United States Patent and Trademark Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower to grant licenses or ownership interest in any future Intellectual Property related to the operation or conduct of the business of Borrower or Borrower Products. Borrower has not received any written notice or claim, or, to the knowledge of Borrower, oral notice or claim, challenging or questioning Borrower’s ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to Borrower’s knowledge, is there a reasonable basis for any such claim. Neither Borrower’s use of its Intellectual Property nor the production and sale of Borrower Products infringes the Intellectual Property or other rights of others.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

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