Buyer's Inventory Sample Clauses

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
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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

Related to Buyer's Inventory

  • BUYER’S PROPERTY All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.

  • 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 The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor’s system or the property is to be transferred to a follow-on contract).

  • 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 All of the Assets constituting inventory are owned or used by Company, are in good, current, standard and merchantable condition and are not obsolete or defective.

  • SALE OF BUYER’S PROPERTY Performance under this Agreement: (check one)

  • 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.

  • SIGNIFICANT LANDS INVENTORY FINDING Find that this activity is consistent with the use classification designated by the Commission for the land pursuant to Public Resources Code section 6370 et seq.

  • Physical Inventories (a) Cause not less than two physical inventories to be undertaken, at the expense of the Loan Parties, in each Fiscal Year and periodic cycle counts, in each case consistent with past practices, conducted by such inventory takers as are reasonably satisfactory to the Collateral Agent and following such methodology as is consistent with the methodology used in the immediately preceding inventory or as otherwise may be reasonably satisfactory to the Collateral Agent. The Collateral Agent, at the expense of the Loan Parties, may participate in and/or observe each scheduled physical count of Inventory which is undertaken on behalf of any Loan Party. The Lead Borrower, within 30 days following the completion of such inventory, shall provide the Collateral Agent with a reconciliation of the results of such inventory (as well as of any other physical inventory or cycle counts undertaken by a Loan Party) and shall post such results to the Loan Parties’ stock ledgers and general ledgers, as applicable. (b) Permit the Collateral Agent, in its Permitted Discretion, if any Event of Default exists, to cause additional such inventories to be taken as the Collateral Agent determines (each, at the expense of the Loan Parties).

  • 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.

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