Buyer's Inventory Sample Clauses

Buyer's Inventory. On the Effective Date, Manufacturer shall purchase Buyer's parts and materials on hand and in transit that can be used in the manufacturing of any ordered Products ("Buyer's Inventory"), other than materials deemed obsolete or otherwise unusable by Manufacturer, at Buyer's cost for such parts and materials. The purchase price for Buyer's Inventory shall be Buyer's standard cost for such Inventory as of July 31, 2005, which shall be payable as follows: Within five (5) business days after each calendar month, Manufacturer shall send to Buyer a statement setting forth the portion of Buyer's Inventory used (including the part number, description, quantity, unit cost and extended cost) in the manufacturing of the Products during such calendar month and within thirty (30) days after such calendar month, Manufacturer shall pay Buyer for the portion of the Buyer's Inventory used. Buyer shall have the right to audit the monthly inventory statement provided by Manufacturer. In the event any Buyer's Inventory remains unused nine (9) months after the Effective Date, or in the event this Agreement is terminated for any reason prior to the end of such 9-month period, Manufacturer shall return such unused Buyer's Inventory to Buyer and any balance remaining on the Purchase Price shall be canceled. Manufacturer agrees that in cases where Manufacturer may have common components, Manufacturer will consume Buyer’s components before consuming any of Manufacturer’s components.
Sample 1
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Buyer's Inventory. If (i) on any occasion prior to December 31, 2012, Buyer's inventory of high sulfur coal is less than ****** tons or if Buyer's inventory of low sulfur coal is less than ****** tons, or (ii) on any occasion after January 1, 2013, the total inventory is less than ****** tons then Buyer may provide written notice to Seller that Buyer requires a plan to increase inventory of the relevant type of coal. Upon receipt of this notice, Seller shall on or before the next business day provide a plan to Buyer to increase Buyer's inventory. Buyer and Seller shall meet as soon as possible to discuss Seller's plan. If Buyer is not reasonably satisfied with Seller's plan, then Buyer shall have the election to purchase coal from third parties to increase Buyer's inventory to the specified level, or increase gas use for Units 1 and 2 during the period necessary to minimize the effect of decreased inventory. Seller shall reimburse Buyer for the cost of cover on such fuel purchases, including the effect of Tier 1 and Tier 2 pricing. Buyer shall use all reasonable efforts to mitigate such costs. Buyer shall utilize gas in greater quantities only if Buyer can demonstrate that the overall gas/coal blend is more economical than other outside coal alternatives that do not rely on increased gas. For purposes of determining the level of gas above which an increased usage will be measured, the base usage of gas shall be equal to the average amount of gas consumed in the affected Unit over the prior 12 month period. Any tons purchased from third parties shall be deducted from Requirements, Seller's Delivery Obligations, and the Annual Minimum.
Sample 1

Related to Buyer's Inventory

  • Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.

  • Physical Inventory Borrower shall conduct a physical count of the Inventory at such intervals as FINOVA requests and promptly supply FINOVA with a copy of such accounts accompanied by a report of the value (calculated at the lower of cost or market value on a first in, first out basis) of the Inventory and such additional information with respect to the Inventory as FINOVA may request from time to time.

  • Inventory and Supplies Administrator shall order, purchase and provide to the Group on a timely basis inventory and supplies, and such other ordinary, necessary or appropriate materials which are requested by the Group and which the Group shall reasonably determine to be necessary in the operation of the Practice on the same terms commercially available to Administrator. Such inventory, supplies and other materials shall be included in Practice Expenses at their cost to Parent or Administrator, as the case may be.

  • Inventories The Operator shall maintain detailed records of Controllable Material.

  • Inventory and Equipment On the date hereof, the Inventory and the Equipment (other than mobile goods) are kept at the locations listed on Schedule 5.

  • Physical Inventories (a) The Collateral Agent, at the expense of the Loan Parties, may participate in and/or observe each physical count and/or inventory of so much of the Collateral as consists of Inventory which is undertaken on behalf of the Borrowers so long as such participation does not disrupt the normal inventory schedule or process.

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • As to Equipment and Inventory The Grantor hereby agrees that it shall

  • Merchantable Inventory All Inventory is in all material respects of good and marketable quality, free from all material defects.

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