Certain Performance Requirements Sample Clauses

Certain Performance Requirements. 3.1 The Academy agrees to promote, market, sell and distribute the Products only to customers and potential customers within the Territory for ultimate use within the Territory. The Academy will not, under any circumstances, either directly or indirectly through third parties, promote, market, sell, distribute or ship Products within or to, or for ultimate use within, the United States or any place outside the Territory. 3.2 In order to assure Xxxxxxxxxx that the Academy is not repatriating Products to the United States or elsewhere outside the Territory, the Academy agrees that upon request from Xxxxxxxxxx. Xxxxxxxxxx may examine, and copy at the Academy's headquarters: (a) All invoices related to the sale of Products by the Academy; (b) All sales reports on the number and price of units of each Product sold; (c) All monthly inventory reports of the Products; and (d) The Academy also agrees that Xxxxxxxxxx may xxxx for identification all Products sold by Xxxxxxxxxx to the Academy hereunder. 3.3 The Academy shall maintain a sufficient inventory of Products to assure an adequate supply of Products to serve all its market segments. The Academy shall maintain all its inventory of Products clearly segregated and meeting all storage and other required standards of all applicable governmental authorities. All such inventory shall be subject to inspection by Xxxxxxxxxx or its agents at all reasonable times. 3.4 The Academy shall provide a report to Xxxxxxxxxx no later than January 15 and July 15 of each year regarding the previous six-month period ended December 31 and June 30, respectively. The report shall contain (i) reports on sales of Products by the Academy during such six-month period, by Product, and including information on the number and price of units sold, (ii) a current list of customers and (iii) any other information that the Academy believes would be useful to Xxxxxxxxxx or that Xxxxxxxxxx may reasonably request. 3.5 The Academy shall be responsible for and shall collect all governmental and regulatory sales and other taxes, charges and fees that may be due and owing upon sales by the Academy of Products. Upon written request from the Academy, Xxxxxxxxxx shall provide the Academy with such certificates or other documents as may be reasonably required to establish any applicable exemptions from the collection of such taxes, charges and fees. 3.6 All Products shall be packaged, labeled, advertised, marketed, sold and distributed by the Academy in co...
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Certain Performance Requirements. 3.1. HEMOPHARM agrees to promote, market, sell and distribute the Products only to customers and potential customers within the Territory for ultimate use within Territory. HEMOPHARM will not, under any cicumstances, either directly or indirectly through third parties, promote, market, sell, or distribute Products within or to, or for ultimate use within, the United States or any place outside the Territory, except if otherwise agreed by the Parties. 3.2. In order to assure Carrington that HEMOPHARM is in compliance with Article 3.1, HEMXXXXXX xxxees that: (a) HEMOPHARM will send to Carrington quarterly sales reports which set forth the number xx xxxxx xnd sizes of each Product sold, the net sales, the number of units of free medical samples distributed; (b) HEMOPHARM will send to Carrington quarterly inventory reports of the Products; and (x) Xarrington may mark for identification all Products sold by Cxxxxxxxxx to HEMOXXXXM hereunder. 3.3. HEMOPHARM shall xxxxxxxx provide Carrington with written reports of any importation or salx xx xxx of the Products in the Territory of which HEMOPHARM has knowledge from any source other than Carrington, as well as with any other information which Carringtxx xxx xeasonably request in order to be updated on txx xxxxxx conditions in the Territory. 3.4. HEMOPHARM shall maintain a sufficient inventory of Products to assure an adequate supply of Products to serve all its market segments. HEMOPHARM shall maintain all its inventory of Products clearly segregated and meeting all storage and other standards required by applicable governmental authorities. All such inventory and HEMOPHARM's facilities shall be subject to inspection by Carrington or its agents upon 72 hours written notice. 0.0. HEMOPHARM shall be reponsible for and shall collect all governmental and regulatory sales and other taxes, charges and fess that may be due and owing upon sales by HEMOPHARM of Products. Upon written request from HEMOPHARM, Carrington shall provide HEMOPHARM with such certificates or xxxxx xocuments as may be reasonably required to establish any applicable exemptions from the collection of such taxes, charges and fees. 3.6. All Products shall be packaged and delivered by Carrington to HEMOPHARM's consignement stock. All Producxx xxxxx be labeled, advertised, marketed, sold and distributed by HEMOPHARM in compliance with the rules and regulations, as amended from time to time, of (i) all applicable governmental authorities within the Territ...
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Certain Performance Requirements. 3.1 Faulding agrees to promote, market, sell and distribute the Products only to customers and potential customers within the Territory for ultimate use within the Territory. Faulding will not, under any circumstances, either directly or indirectly through third parties, knowingly promote, market, sell, distribute or ship Products within or to, or for ultimate use within, the United States or any place outside the Territory. 3.2 In order to assure Carrington that Faulding is xxx xxxxxxiating Products to the United States or elsewhere outside the Territory, Faulding agrees that: (a) Faulding will send to Carrington a quarterly sales xxxxxx xx the number of units of each Product sold; and (b) Faulding will send to Carrington a quarterly invenxxxx xxxxxt of the Products. 3.3 Faulding shall maintain a sufficient inventory of Products to assure an adequate supply of Products to serve all its market segments. Faulding's inventory maintenance of the Products shall meet all storage and other required standards as mandated by applicable governmental authorities. All such inventory shall be subject to annual inspection by a maximum of two Carrington employees or agenxx. Xxxxxngton shall provide Fauxxxxx 00 xours written notice of inspection and such inspection shall be made during normal business hours.
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Certain Performance Requirements. 3.1 Derma agrees to promote, market, sell and distribute the Products only to customers and potential customers within the Market Segments. Derma will not, directly or indirectly, promote, market, sell, distribute or ship the Products outside, or for ultimate use outside, the Market Segments. 3.2 Derma shall maintain a sufficient inventory of the Products to adequately service its markets. All such inventory shall be subject to inspection by Argentum or its agents during normal business hours upon 72 hours written notice. 3.3 Derma shall be responsible for and shall collect all governmental and regulatory taxes, charges and fees that may be due and owing relative to the Products. 3.4 The Products shall be advertised, marketed, sold and distributed by Derma in compliance with the statutes and regulations of the applicable governmental authorities having jurisdiction over the Market Segments. 3.5 Derma agrees not to make, or permit any of its employees, agents or representatives to make, any claims for properties or results relating to the Products unless such claims have been authorized by Argentum and are consistent with applicable statutory and regulatory requirements. 3.6 Derma shall not use any label, advertisement or marketing material on, with respect to or relating to the Products unless such label, advertisement or marketing material has first been submitted to and approved by Argentum in writing. Such approval shall not be unreasonably withheld.
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Certain Performance Requirements. CSC shall have the ability to access all technical files relevant to all products covered under this agreement for a period up to five (5) years after termination of the Agreement.
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Certain Performance Requirements. 3.1 E-Wha agrees to promote, market, sell and distribute the Products only to customers and potential customers within the Territory for ultimate use within the Territory. E-Wha will not, under any circumstances, either directly or indirectly through third parties, promote, market, sell, or distribute Products within or to, or for ultimate use within, the United States or any place outside the Territory. 3.2 In order to assure Carrington that E-Wha is in compliance with Article 3.1, X-Xxx xxxees that: (a) E-Wha will send to Carrington quarterly sales reports which set forxx xxx xxxber of units and sizes of each Product sold, the net sales, the number of units of free medical samples distributed, and to whom such Products were sold and/or distributed during such quarter; (b) E-Wha will send to Carrington quarterly inventory reports of the Prxxxxxx; xxd (c) Carrington may mark for identification all Products sold by Caxxxxgton to E-Wha hereunder.
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Certain Performance Requirements. 3.1 Xxxxxx agrees to promote, market, sell and distribute the Products only to customers and potential customers within the Territory for ultimate use within the Territory. Xxxxxx will not, under any circumstances, either directly or indirectly through third parties, promote, market, sell, or distribute Products within or to, or for ultimate use within, the United States or any place outside the Territory. 3.2 In order to assure Xxxxxxxxxx that Xxxxxx is in compliance with Article 3.1, Xxxxxx agrees that: (a) Xxxxxx will send to Xxxxxxxxxx quarterly sales reports which set forth the number of units of each Product sold, the net sales, the number of units of free medical samples distributed, and to whom such Products were sold and/or distributed during such quarter; (b) Xxxxxx will send to Xxxxxxxxxx quarterly inventory reports of the Products; and
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Certain Performance Requirements 
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Related to Certain Performance Requirements

  • Performance Requirements A. There is no guaranteed minimum amount of work which will be ordered under this Contract. B. The total Contract amount will not exceed $4,900,000. C. This is a Contract for work specified in individual Job Orders. Work ordered prior to but not completed by the expiration of the Contract period, and any additional work required as a result of unforeseen conditions encountered during construction up to six (6) months after the contract expiration date, will be completed with all provisions of this Contract still in force. Performance time for each Job Order issued under this Contract will be determined in accordance with the Contract. This performance time will be determined and agreed upon by both Parties for each individual Job Order. Contractor must self-perform 20% of the Work under this Contract for ‘A’ and ‘B’ licenses. Contractor must self-perform 75% of the Work under this Contract, unless otherwise approved by the County, for ‘C’ licenses. D. This is an indefinite-quantity Contract for the supplies or services specified and effective for the period stated. Work or performance shall be made only as authorized by Job Orders issued in accordance with the ordering procedures clause. The Contractor agrees to furnish to the County when and if ordered, the supplies or services specified in the Contract up to and including the quantity designated in the Job Orders issued as the maximum designated in the Contract.

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.

  • Service Requirements Grantee shall:

  • Vesting Requirements The vesting of this Award (other than pursuant to accelerated vesting in certain circumstances as provided in Section 3 below or vesting pursuant to Section 6 below) shall be subject to the satisfaction of the conditions set forth in each of subsections A and B, as applicable, and, in each case, subsection C of this Section 2:

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Check Requirements Any image of a check that I transmit to you must accurately and legibly provide all the information on the front and back of the check at the time presented to me by the drawer. Prior to capturing the original check, I will indorse the back of the original check. My endorsement will include "For Directions E- Deposit Only" in addition to my signature. The image of the check transmitted to you must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality for the check will meet the standards for image quality established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Rejection of Deposit. You are not liable for any service or late charges levied against me due to your rejection of any item. In all cases, I am responsible for any loss or overdraft plus any applicable fees to my Account due to an item being returned. Items Returned Unpaid. A written notice will be sent to me of transactions you are unable to process because of returned items. With respect to any item that I transmit to you for remote deposit that you credit to my Account, in the event such item is dishonored, I authorize you to debit the amount of such item from the Account.

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Posting Requirements Seller shall post the Development Security in accordance with the following terms and conditions: (i) Seller shall post one-half of the Development Security within thirty

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