Emergency Replacement Products Sample Clauses

Emergency Replacement Products. In emergency situations threatening continuity of service or Nortel end- user's in-service date, Seller shall in good faith, at Nortel's option, utilize reasonable commercial efforts to deliver to Nortel or its end- users, upon mutually agreeable terms, emergency replacement Products within [*] of Nortel's request, which may be conveyed to Seller by telephone or facsimile. All Products supplied under this Section shall be functionally equal or better than the vintage of the replaced units and must be backward compatible and meet the minimum field baseline. Emergency replacement Products shall be delivered via next day service and, for Products not within the Product Warranty Period, invoiced at rates then current for Products. Nortel agrees to pay such invoices within [*]. * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Under this service, Seller will ship new units to the destination designated by Nortel, freight collect using Nortel's designated carrier within three (3) hours of Nortel's verbal request, such verbal request to be confirmed by Nortel in writing and transmitted by facsimile or other means of communications, prior to shipment of the units by Seller. In the case of shipment outside of the United States, Seller shall prepare proper export documentation as per Nortel's instructions, evidencing Nortel's ownership of the Product; customs clearance and duty fees (as applicable) shall be the responsibility of Nortel. This emergency service shall be available to Nortel through the following Seller's emergency telephone number 214-570- 3600.
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Emergency Replacement Products. In emergency situations threatening continuity of service or Nortel Networks end-user's in-service date, Avanex shall in good faith, at Nortel Networks' option, utilize reasonable commercial efforts to deliver to Nortel Networks or its end-users emergency replacement Products within twenty-four (24) hours of Nortel Networks' request, which may be conveyed to Avanex by telephone or facsimile. All Products supplied under this Section shall be functionally equal or better than the vintage of the replaced units and must be backward compatible and meet the minimum field baseline. Emergency replacement Products shall be delivered via next day service and, for Products not under warranty, invoiced at rates then current for Products. Nortel Networks agrees to pay such invoices within forty-five (45) calendar days. In addition to above twenty-four (24) hour emergency replacement service, Avanex shall make available to Nortel Networks at a price premium specified in Exhibit D, a 24 hours a day/7 days a week emergency replacement service for cases where Nortel Networks cannot deliver from its emergency stock. Under this service, Avanex will in good faith utilize reasonable commercial efforts to ship new units to the destination designated by Nortel Networks, freight collect using Nortel Networks' designated carrier within three (3) hours of Nortel Networks' verbal request, such verbal request to be confirmed by Nortel Networks in writing and transmitted by facsimile or other means of communications, prior to shipment of the units by Avanex. In the case of shipment outside of the United States, Avanex shall prepare proper export documentation as per Nortel Networks' instructions, evidencing Nortel Networks' ownership of the Product; customs clearance and duty fees (as applicable) shall be the responsibility of Nortel Networks. This emergency service shall be available to Nortel Networks through the following Avanex's emergency telephone number: 0-000-000-0000.
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Emergency Replacement Products. In emergency situations threatening continuity of service, Elastic Networks will use its good faith efforts to ship Nortel Networks or its End Users and/or Distributors emergency replacement Products within twenty-four (24) hours of Nortel Networks' request, which may be conveyed to Elastic Networks by telephone or facsimile. All Products supplied under this Section shall be functionally equivalent to or better than the vintage of the replaced Products. Emergency replacement Products shall be shipped via next day service. Elastic Networks shall provide emergency replacement of Products to Nortel Networks at no charge during the Warranty Period. For Products replaced out of the Warranty Period, Elastic Networks' provision of emergency replacement shall be as set forth in this Section 13 and such replacement Products shall be subject to fees as set forth in Exhibit C, if any.
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Related to Emergency Replacement Products

  • Emergency Repairs In the event Emergency Repairs are needed at the Hotels, Manager shall be required to use its good faith efforts to obtain Lessee’s verbal approval of any Emergency Repairs prior to making any expenditure therefor. In the event Manager is unable to contact Lessee to obtain its verbal approval of Emergency Repairs, then Manager is authorized to enter into contracts occasioned by such emergency that provide for expenditures not contemplated by the Annual Business Plan up to a sum of $50,000, and provided the same may be incurred under the Loan Documents. Manager will promptly give Lessee written notice of any Emergency Repairs made by Manager.

  • Emergency Generator Tenant shall have the right to tie into and use the emergency generator to be installed by Landlord as part of the Base Building Work for use by tenants of the Unit (the “Unit Generator”). Tenant shall be responsible, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) xxxxx per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of such tie-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to the proposed installation date Tenant’s proposed plans and specifications relating to the tie-in to the Unit Generator and all associated lines. Tenant may not commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to the installation, operation, maintenance and repair of such tie-in, including (i) obtaining and maintaining (or causing to be obtained and maintained) and complying with the provisions of all applicable permits relating to the tie into and use of the Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • Additional Products Throughout the Term, Rockwell shall provide to DaVita and the DaVita Facilities the right to purchase and/or lease all current or new products manufactured, utilized, licensed, sold or distributed by Rockwell or any of its Affiliates (including products and product lines acquired by Rockwell or any of its Affiliates as a result of an acquisition, merger or other transaction involving Rockwell or any of its Affiliates) that are or that become Commercially Available and which are not already covered by this Agreement or by any other agreement, whether written or oral, between the parties hereto (such products are collectively referred to as “Additional Products” and individually as an “Additional Product”). Rockwell agrees to include DaVita in all of its and its Affiliates distributions of customer announcements regarding Rockwell’s or its Affiliates’ Additional Products. The purchase price for any such Additional Products shall be negotiated by the parties hereto in good faith and the agreed upon purchase price shall be memorialized in writing as a supplement or amendment to this Agreement. Rockwell covenants and agrees that it shall only make an offer for the sale of any Additional Product(s) to DaVita’s Vice-President of Clinical Operations, Chief Medical Officer, or Vice-President of Purchasing, and not to any DaVita Facility directly; provided that the purchase of any Additional Product by DaVita or any DaVita Facility through a Rockwell product catalog made generally available to the dialysis community shall not be a breach by Rockwell of this Section 8.1. If Rockwell or any of its Affiliates acquires any Additional Product(s) as a result of an acquisition, merger or other transaction involving Rockwell or any of its Affiliates with a Person with which DaVita or a DaVita Facility, as applicable, already has a purchase or rebate arrangement whether written or oral (a “Prior Agreement”), Rockwell or such Affiliate covenants and agrees that it shall continue to abide by all of the terms and conditions of such Prior Agreement or if DaVita requests, such Additional Product(s) shall be included in this Agreement on terms to be negotiated and determined by the parties hereto as provided in this Section 8.1.

  • Product The term “

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.

  • Products 1.1. The information (including but not limited to the quantity, rated hashrate, unit price (“Unit Price”), total price for one item (“Total Price (One Item)”), total price for all the items (“Total Purchase Price”) of Products to be purchased by Party B from Party A is as follows (“Products”):

  • Benchmark Replacement Setting Notwithstanding anything to the contrary herein or in any other Loan Document:

  • Raw Materials Lonza shall procure all required Raw Materials as well as consumables other than those Raw Materials that are Customer Materials. Customer shall be responsible for payment for all consumables and Raw Materials ordered or irrevocably committed to be procured by Lonza hereunder. Upon cancellation of any Batch or termination of the Agreement, all unused Raw Materials shall be paid for by Customer within [***] days of invoice and at Customer’s option will either be (a) held by Lonza for future use for the production of Product, (b) delivered to Customer, or (c) disposed of by Lonza.

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