DISPOSAL OF PRODUCTS. Seller shall not sell, or otherwise dispose of as scrap or otherwise, any completed or partially completed or defective Products without defacing or rendering such Products unsuitable for use. Upon completion or termination of this Order, Seller shall, at Seller’s expense, dispose of all Products, including partially completed Products, as required or directed by Xxxxx.
DISPOSAL OF PRODUCTS. Upon completion or termination of this Order and as directed by Xxxxx, any excess Products, or parts thereof, shall be delivered free of charge to Buyer at the designated delivery point at Seller’s risk and expense or destroyed and the destruction certified by Seller. Seller shall not sell, or otherwise dispose of as scrap or otherwise, any completed or partially completed or defective Products without defacing or rendering such Products unsuitable for use.
DISPOSAL OF PRODUCTS. Subject to this Agreement, during the Term of the Agreement, DKSH shall dispose of the Products which are damage, spoiled, expired or unsalable which are left with DKSH according to the instructions of CMS.
DISPOSAL OF PRODUCTS. In the event of a termination of this Agreement, either in its entirety or with respect to any Product in any country in the Territory, for any reason, disposal of the Compounds, goods in process and the Products in TOBIRA’s stock on the effective date of any termination shall be made in the following manner:
(a) TOBIRA may manufacture the Products using such Compounds and/or such goods in process and may sell the Products in the Territory at its regular commercial conditions and only for the term of one (1) year after such termination, subject to TOBIRA’s agreement to strictly observe the terms and conditions contained in this Agreement including the obligation to pay royalties in accordance with Article 4.B; provided that, in the event of a termination by TAKEDA pursuant to Article 16.B or Article 16.C, the foregoing shall apply only if TAKEDA consents, which consent shall not be unreasonably withheld; and
(b) in the event of a termination by TAKEDA pursuant to Article 16.B or Article 16.0 or by TOBIRA pursuant to Article 16.D, if so requested by TAKEDA, TOBIRA shall, promptly after such TAKEDA’s request, but subject to TOBIRA’s right, if any, to complete the manufacture of goods in process and sell the Products as provided in above subsection (a), sell to TAKEDA any remaining portion of its stock of Compounds and/or Products (but only that portion of the stock that has sufficient shelf life remaining and meets the specifications to be agreed upon by the Parties as well as the then-current regulatory specifications approved by the relevant regulatory authorities), at a price to be negotiated and decided by the Parties, which price shall not be higher than the fully-burdened cost of goods; and
(c) In any case, TOBIRA shall destroy all stock which does not meet the specifications or otherwise is not used/sold pursuant to above subsection (a) and (b) at TOBIRA’s expense and responsibility without requiring TAKEDA to pay any compensation therefor.
DISPOSAL OF PRODUCTS. Supplier will inform NCR of any Products that fail to meet Specifications, which Products require to be disposed of by NCR. Supplier will, at the instruction of NCR, assist NCR in disposing of the non-conforming Products.
DISPOSAL OF PRODUCTS. Upon prior notice to CLIENT, DKSH shall have the right to dispose of Products, unused packaging, advertising and promotional materials that are left with and charge the reasonable cost of such disposal to CLIENT.
DISPOSAL OF PRODUCTS. During the term of the Agreement, DKSH shall have the right to dispose of the Products which are damaged, spoiled, expired or unsaleable which are left with DKSH, upon prior written notice to CLIENT. CLIENT shall have the right to request inspection of such goods within fourteen (14) daysfrom written notice. Upon expiration of such fourteen (14) days, DKSH shall deem the destruction as agreed upon by CLIENT.Such disposal will be handled by the DKSH based on CLIENT's instructions, if any, and in accordance with local regulations in the Territory. Expenses for such disposal including extra labor costs as well as costsfor destruction will be for the account of CLIENT.
DISPOSAL OF PRODUCTS. Upon termination of this Agreement and subject to the Oregon Public Records Law, Licensee shall immediately discontinue use of the Products, and either return all copies of the Products to Licensor, or destroy all copies and provide Licensor with certification of destruction.
DISPOSAL OF PRODUCTS. If Client fails to pay all outstanding amounts due under the SOW within thirty (30) days after termination of the SOW and Service Provider’s demand for final payment, without limiting Section 9.1, Service Provider, at its option, may (but shall not have any obligation to) sell all or any Products in its inventory at public or private sale. Costs incurred by Service Provide in the sale of Products under this Section are the responsibility of Client and shall be deducted from the proceeds of such sale. Sale of Products under this Section does not relieve Client of its obligation to pay the full amount of the outstanding balance of any amounts due to Service Provider under the SOW.
DISPOSAL OF PRODUCTS. Seller shall have the right, but not the obligation, to dispose of all Hydrocarbons, helium, and other substances produced from or allocated to by the Purchased Assets, including Seller’s share of customers’ helium and other products tolled, processed, and stored at the Lisbon Valley Plant, whether in storage or existing in tanks, pipelines, or plants (including inventory) attributable to periods prior to the Effective Time. If Closing is to occur, then Buyer shall notify Seller no less than seventy-two (72) hours prior to Closing so as to facilitate Seller’s ability to dispose of such Hydrocarbons. For the avoidance of doubt, proceeds attributable to the sale of such Hydrocarbons, helium, and other products shall be retained by Seller as an Excluded Asset for all purposes hereunder, whether such sales are made before or after the Closing, whether such sales are commingled with Buyer’s Hydrocarbons, helium, and other substances, and whether or not Buyer or Seller manages such sales.
