Common use of Client's Products Clause in Contracts

Client's Products. (a) Client shall deliver Products in reasonable quantities, based upon information provided by LHSI as to customer orders and Product inventories, to LHSI at the LHSI Premises during normal working hours. (b) Client shall be solely responsible for maintaining a satisfactory supply of its Products with LHSI at the LHSI Premises at all times to meet the demands of Client's customers, subject to Client's manufacturing capacity and the demand, if any, for Client's Products. Client and LHSI will further define inventory requirements according to the Work Instructions. (c) Client shall deliver Products for storage properly marked and packaged, including a manifest showing sizes or specific stock keeping units. (d) Client shall be solely responsible for die procurement, marketing and sale of the Products and for maintaining regulatory clearance on approvals. (e) Client shall be solely responsible for ensuring that the Products comply with all federal, state, local and other laws and regulations with respect to safety, labeling and advertising. (f) Client shall be solely responsible to its customers for all warranties express or implied that exist with respect to the Products as required by law. (g) Client shall be solely responsible for addressing all regulatory issues regarding manufacturing defects or safety issues related to any Product and for deciding the necessity, scope, and procedures for any Product recall. (h) Client shall pay the Logistics Fees enumerated in Exhibit "A" and perform all of its other obligations under this Contract and the Work Instructions. If Client does not pay the Logistics Fees enumerated in Exhibit "A" within one hundred and twenty (120) days, LHSI reserves the right to hold Client's Product until receipt of payment from Client to LHSI. (i) Client agrees that the Logistics Fee Schedule attached as Exhibit "A" is conditioned on the accuracy of the Logistics Assumptions attached as Exhibit "B". Thus, Client agrees that if the Logistics Assumptions attached as Exhibit "B" prove to be inaccurate in any material respect greater than *** LHSI may request renegotiation of the Logistics Fee Schedule attached as Exhibit "A" both retrospectively and prospectively to account for the changed Logistics Assumptions. Client shall pay any increased amount due as a result of such adjustment or receive credit on decreased amount from a backward look of the business from LHSI.

Appears in 2 contracts

Samples: Warehouse Distribution Contract (Therasense Inc), Warehouse Distribution Contract (Therasense Inc)

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Client's Products. (a) Client shall deliver Products in reasonable quantities, based upon information provided by LHSI as to customer orders and Product inventories, to LHSI at the LHSI Premises during normal working hours. (b) Client shall be solely responsible for maintaining a satisfactory supply of its Products with LHSI at the LHSI Premises at all times to meet the demands of Client's customers, subject to Client's manufacturing capacity and the demand, if any, for Client's Products. Client and LHSI will further define inventory requirements according to the Work Instructions. (c) Client shall deliver Products for storage properly marked and packaged, including a manifest showing sizes or specific stock keeping units. (d) Client shall be solely responsible for die procurement, marketing and sale of the Products and for maintaining regulatory clearance on approvals. (e) Client shall be solely responsible for ensuring that the Products comply with all federal, state, local and other laws and regulations with respect to safety, labeling and advertising. (f) Client shall be solely responsible to its customers for all warranties express or implied that exist with respect to the Products as required by law. (g) Client shall be solely responsible for addressing all regulatory issues regarding manufacturing defects or safety issues related to any Product and for deciding the necessity, scope, and procedures for any Product recall. (h) Client shall pay the Logistics Fees enumerated in Exhibit "A" and perform all of its other obligations under this Contract and the Work Instructions. If Client does not pay the Logistics Fees enumerated in Exhibit "A" within one hundred and twenty (120) days, LHSI reserves the right to hold Client's Product until *** receipt of payment from Client to LHSI. (i) Client agrees that the Logistics Fee Schedule attached as Exhibit "A" is conditioned on the accuracy of the Logistics Assumptions attached as Exhibit "B". Thus, Client agrees that if the Logistics Assumptions attached as Exhibit "B" prove to be inaccurate in any material respect greater than *** LHSI may request renegotiation of the Logistics Fee Schedule attached as Exhibit "A" both retrospectively and prospectively to account for the changed Logistics Assumptions. Client shall pay any increased amount due as a result of such adjustment or receive credit on decreased amount from a backward look of the business from LHSI.

Appears in 1 contract

Samples: Warehouse Distribution Contract (Therasense Inc)

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Client's Products. (a) Client shall deliver Products in reasonable quantities, based upon information provided by LHSI as to customer orders and Product inventories, to LHSI at the LHSI Premises during normal working hours. (b) Client shall be solely responsible for maintaining a satisfactory supply of its Products with LHSI at the LHSI Premises at all times to meet the demands of Client's customers, subject to Client's manufacturing capacity and the demand, if any, for Client's Products. Client and LHSI will further define inventory requirements according to the Work Instructions. (c) Client shall deliver Products for storage properly marked and packaged, including a manifest showing sizes or specific stock keeping units. (d) Client shall be solely responsible for die the procurement, marketing and sale of the Products and for maintaining regulatory clearance on approvalsProducts. (e) Client shall be solely responsible for ensuring that the Products comply with all federal, state, local and other laws and regulations with respect to safety, labeling and advertising. (f) Client shall be solely responsible to its customers for all warranties express or implied that exist with respect to the Products as required by law. (g) Client shall be solely responsible for addressing all regulatory issues regarding manufacturing defects or safety issues related to any Product and for deciding the necessity, scope, and procedures for any Product recall. (h) Client shall pay the Logistics Fees enumerated in Exhibit "A" ", including any minimum fee set forth therein, and perform all of its other obligations under this Contract and the Work Instructions. All capital equipment purchased by LHSI for Client shall become the property of Client and LHSI will execute requested documents to this effect. Such equipment will be set forth in Exhibit "C". If Client does not pay the Logistics Fees enumerated in Exhibit "A" within one hundred [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. [CONFIDENTIAL TREATMENT REQUESTED] days and twenty (120) daysClient has not notified LHSI of a good faith dispute regarding such fees, then LHSI reserves the right to hold a portion of Client's Product inventory with a value not to exceed the undisputed overdue fees until receipt of fee payment from Client to LHSI. (i) Client agrees that the Logistics Fee Schedule attached as Exhibit "A" is conditioned on the accuracy of the Scope of Service/Logistics Assumptions attached as Exhibit "B". Thus, Client agrees that if the Scope of Service/Logistics Assumptions attached as Exhibit "B" prove to be inaccurate in any material respect greater than *** LHSI may request renegotiation of respect, the Logistics Fee Schedule attached as Exhibit parties will revise Exhibits "A" both retrospectively and prospectively to account for the changed Logistics Assumptions. Client shall pay any increased amount due as a result of such adjustment or receive credit on decreased amount from a backward look of the business from LHSI"B".

Appears in 1 contract

Samples: Warehouse Distribution Contract (Cygnus Inc /De/)

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